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HomeMy WebLinkAboutCounty Board of Supervisors - Minutes - 7/29/2008 63 Minutes of the Bayfield County Board of Supervisors’ Meeting Of July 29, 2008 – 6:00 p.m. Bayfield County Board Room, Courthouse, Washburn, Wisconsin The monthly meeting of the Bayfield County Board of Supervisors was called to order by Chairman Kacvinsky at 6:03 p.m. Roll call was taken by Bayfield County Clerk, Scott Fibert as follows: Crandall-present; Rondeau-present; Good-present; Gordon-present; Jardine-present; Maki- present; Kittleson-present; Blahnik-present; Kacvinsky-present; Beeksma-present; Williams- present; Bichanich-present; Miller-present; Total 13: 13 present, 0 absent, a quorum was present. Others present were: County Administrator, Mark Abeles-Allison; County Clerk, Scott Fibert; Deputy County Clerk, Dawn M. Bellile; Gary Sherman, Assembly for the 74th District; Jan Victorson, Emergency Management Coordinator; Dale Brevak, Highway Commissioner; Chris Borden, Representative from the USDA; Ian Meeker, UW-Extension 4-H Youth Agent; Robert Lobermeier, County Conservationist; Kay Cederberg, Clerk of Circuit Court; John Anderson, Circuit Court Judge; and Rick Olivo, Reporter for the Daily Press; and Bayfield county citizens. The Pledge of Allegiance was recited by all in attendance. 1. Motion Regarding Minutes of June 18, 2008 Bayfield County Board of Supervisors’ Meeting. A motion was made by Gordon/Good to approve the minutes of the June 18, 2008 Bayfield county Board of Supervisors’ Meeting. The motion carried. 2. Public Comment: Chairman asked 3 times if anyone from the audience would like to speak – no comments were given. Chairman Kacvinsky stated that he would like to rearrange the agenda to have Items 7, 8 & 9 prior to Item 6. 3. Bayfield County Resolution No. 2008-26 Honoring Charlotte Wroblewski upon her Retirement from the Bayfield County Health Department. The Board dispensed with the reading of the Resolution, which reads as follows: WHEREAS, Charlotte Wroblewski has served Bayfield County with distinction, honor and dedication in the Health Department for 7 years, NOW, THEREFORE, BE IT RESOLVED, that the Bayfield County Board of Supervisors assembled this 29th day of July, 2008, honors Charlotte Wroblewski for her 7 years of public service to Bayfield County and expresses gratitude for her efforts, wishing her well in the years ahead. BAYFIELD COUNTY BOARD OF SUPERVISORS William D. Kacvinsky, John J. Blahnik, David L. Good, Thomas J. Gordon, Kenneth Jardine, Harold A. Maki, Delores Kittleson, Shawn Miller, James A. Crandall, James Beeksma, Wayne H. Williams, Marco T. Bichanich, Brett T. Rondeau 64 A motion was made by Gordon/Kittleson to adopt Bayfield County Resolution No. 2008- 26 Honoring Charlotte Wroblewski upon her Retirement from the Bayfield County Health Department. The motion carried and a plaque was shown to everyone that will be presented to her. 4. Bayfield County Resolution No. 2008-27 Honoring Kathryn Franta upon her Retirement from the Bayfield County Human Services Department. The Board dispensed with the reading of the Resolution, which reads as follows: WHEREAS, Kathryn Franta has served Bayfield County with distinction, honor and dedication in the Department of Human Services for 8 years, NOW, THEREFORE, BE IT RESOLVED, that the Bayfield County Board of Supervisors assembled this 29th day of July, 2008, honors Kathryn Franta for her 8 years of public service to Bayfield County and expresses gratitude for her efforts, wishing her well in the years ahead. BAYFIELD COUNTY BOARD OF SUPERVISORS William D. Kacvinsky, John J. Blahnik, David L. Good, Thomas J. Gordon, Kenneth Jardine, Harold A. Maki, Delores Kittleson, Shawn Miller, James A. Crandall, James Beeksma, Wayne H. Williams, Marco T. Bichanich, Brett T. Rondeau A motion was made by Blahnik/Rondeau to adopt Bayfield County Resolution No. 2008- 27 Honoring Kathryn Franta upon her Retirement from the Bayfield County Human Services Department. The motion carried and a plaque was shown to everyone that will be presented to her. 5. Bayfield County Resolution No. 2008-29 Honoring Jan Karlen upon her Retirement from the Bayfield County Human Services Department. The Board dispensed with the reading of the Resolution, which reads as follows: WHEREAS, Jan Karlen has served Bayfield County with distinction, honor and dedication in the Department of Human Services for 19 years, NOW, THEREFORE, BE IT RESOLVED, that the Bayfield County Board of Supervisors assembled this 29th day of July, 2008, honors Jan Karlen for her 19 years of public service to Bayfield County and expresses gratitude for her efforts, wishing her well in the years ahead. BAYFIELD COUNTY BOARD OF SUPERVISORS William D. Kacvinsky, John J. Blahnik, David L. Good, Thomas J. Gordon, Kenneth Jardine, Harold A. Maki, Delores Kittleson, Shawn Miller, James A. Crandall, James Beeksma, Wayne H. Williams, Marco T. Bichanich, Brett T. Rondeau A motion was made by Crandall/Beeksma to adopt Bayfield County Resolution No. 2008-28 Honoring Jan Karlen upon her Retirement from the Bayfield County Human Services Department. The motion carried and a plaque was shown to everyone that will be presented to her. 65 6. Bayfield County Resolution No. 2008-28, Honoring Dale Brevak upon his Retirement from the Bayfield County Highway Department. Chairman Kacvinsky read the Resolution, which reads as follows: WHEREAS, Dale Brevak has served Bayfield County with distinction, honor and dedication in the Highway Department for 5 years from 1968- 1973 and then an additional 8 years as Highway Commissioner between 2000 and 2008; NOW, THEREFORE, BE IT RESOLVED, that the Bayfield County Board of Supervisors assembled this 29th day of July, 2008, honors Dale Brevak for his 13 years of public service to Bayfield County and expresses gratitude for his efforts, wishing him well in the years ahead. BAYFIELD COUNTY BOARD OF SUPERVISORS William D. Kacvinsky, John J. Blahnik, David L. Good, Thomas J. Gordon, Kenneth Jardine, Harold A. Maki, Delores Kittleson, Shawn Miller, James A. Crandall, James Beeksma, Wayne H. Williams, Marco T. Bichanich, Brett T. Rondeau A motion was made by Jardine/Gordon to adopt Bayfield County Resolution No. 2008- 28 Honoring Dale Brevak upon his Retirement from the Bayfield County Highway Department. The motion carried and a plaque was presented to him. Brevak thanked the Board members for their support over the last 8 years and stated he was appreciative of everything everyone has done for the highway department. 7. Presentation by Assemblyman Gary Sherman. Sherman thanked the Board for allowing him to speak to this evening. Sherman had both good and bad news for the Board. Good news, Legislature is out and will be until January, they have finished their general business, approved the Great Lakes Compact, and dealt with a budget that is declining and cuts that needed to be made to just “maintain” the State’s budget. It was very bitter and difficult but it was done. 1.8 billion dollars have been cut from the budget because of our economy and until the economy improves, this is the way it will be, taxes will not be raised because during hard times, this is not the time raise taxes. Other news discussed was how we can improve recycling. Legislature is working on a bill that will eliminate cell phones, computers, telephones, etc. from our landfills, making the manufacturers take the equipment back to recycle. A pharmaceutical drug bill is being worked on. This is a real problem for both Ashland and Bayfield counties. There have been 10 deaths in Ashland County alone over the past decade. A local task force has been tracking the commonly used prescription drugs, incorporating them into a data base which will then show up when pharmacy goes to fill a prescription. It will tell them how many times this prescription has been filled for this person over the past few days, months, etc. This will hopefully be passed next spring. 66 The Board discussed with Sherman the funding that the County used to receive for projects, which it no longer receives, which in turn, has the County paying the entire amount on its own. Sherman reiterated that the State is not going to raise taxes to change anything at this point. The largest problem facing Wisconsin is the demographic problem. When the baby boomers retire, there are not going to be enough young workers in the workforce to support the retirees. We need to focus on workforce problem as a society. Sherman thanked the Board for their time and the Board thanked Sherman for the information he provided to them. 8. Presentation on Soil View Maps and an Overview of Pri-Ru-Ta Functions – Chris Borden, USDA Representative. Borden thanked the Board for allowing him to speak this evening. He had first asked Marco Bichanich, who in turn had him placed on the agenda. Borden passed out documentation for the Board to review while he spoke to them. He stated that the Pri-Ru-Ta Council conducted a market research to determine the needs of various user groups. Based on this, he has been to many places around the State, speaking to various user groups to promote the soil data. The Board reviewed the documents and had questions for him. The Board thanked him for his time. 9. UW-Extension Annual Report, “Points of Pride.” Kathy Miller, UW-Extension Family Living Agent, asked Ian Meeker to come to the Board meeting this evening to present the department’s annual report and to also see a different face from the Office. Prior to this evening’s meeting, a pamphlet was sent out to each Board member, and Meeker spoke from this, highlighting what each member of the department is in charge of, what they have been working on and what their respective job duties are. The Board thanked Meeker for his report. A brief discussion took place on how the opportunities for the kids in the Town of Russell has been progressing. He stated that a task force has been working on getting kids interested and another meeting has been scheduled. (A copy of the report is on file in the County Clerk’s office) 10. Presentation of Clerk of Circuit Court Annual Report, Kay Cederberg, Clerk of Circuit Court was present this evening to go over her annual report with the Board. Cederberg thanked the Board for allowing her the time to speak with them. She sent over her report, pointing out different areas of concern as well as others that have been more successful. Questions were asked of her relating to persons who have attended classes and whether they have been back as 2nd offenders and her reply was that most have not been back. This was a positive note. Other discussion took place on the different areas that her office handles including court appointed attorneys, family legal fees, and mental commitments. Discussion also took place on how fines are paid, and if they are not paid, how her office handles the collection of these debts. Cederberg thanked the Board for allowing her the time to speak with them. A motion was made by Crandall/Kittleson to receive and place on file the Annual Report for the Clerk of Circuit Court’s office. The motion carried. 67 The Board took a 15 minute recess at 7:45 p.m. 11. Discussion and Possible Action on Dental Clinic Contribution. Abeles-Allison updated the Board regarding the dental clinic. He reported that the Executive Committee voted to recommend to the full County Board to give $15,000 contribution towards the dental clinic. He also reported that the clinic would benefit both Ashland and Bayfield County residents. Discussion took place on who would be eligible to use these services and it was explained that the primary candidates would be those who are currently using Badgercare and those on Medicaid. A motion was made by Rondeau/Gordon that we accept the recommendation of the Executive Committee and take $15,000 from the Contingency Fund to help support the dental clinic. A roll call vote was taken as follows: Rondeau-yes; Good-yes; Gordon-yes; Jardine- yes; Maki-no; Kittleson-yes; Blahnik-yes; Kacvinsky-yes; Beeksma-yes; Williams-yes; Bichanich-yes; Miller-yes; Crandall-yes. Total: 13, 12 yes, 1 no. The motion carried. 12. Discussion and Possible Action Regarding Comprehensive Planning Steering Committee Appointments of Jane Bucy, Dalt Collins, Bill Sloan and Scott McKinney. Abeles- Allison explained the appointments of the Steering Committee. After a brief discussion, a motion was made by Maki/Rondeau to accept the nominations of Jane Bucy, Dalt Collins, Bill Sloan and Scott McKinney to the Bayfield County Comprehensive Planning Steering Committee. The motion carried. 13. Bayfield County Resolution No. 2008-30, Extending the Wireless 911 Surcharge. Jan Victorson was present if the Board needed any explanation regarding the Resolution. The Board dispensed with the reading of the Resolution, which reads as follows: WHEREAS, the Wisconsin state legislature has allocated funding to Wisconsin counties from the wireless emergency 9-1-1 surcharge, and WHEREAS, the current funding for the wireless emergency 9-1-1 surcharge is scheduled to end on November 30, 2008, and WHEREAS, the Wisconsin state legislature has not passed legislation regarding the wireless emergency 9-1-1 surcharge beyond November 30, 2008, and WHEREAS, the wireless emergency surcharge funds the maintenance of technology that locates wireless phone users who call 9-1-1 for emergency services, and WHEREAS, without this reimbursement Bayfield County will need to add the cost for the wireless 9-1-1 circuits or trunks to the county levy, and WHEREAS, the estimated cost for those 9-1-1 trunks is $860 per month or $10,320 annually, and 68 WHEREAS, all Wisconsin counties will be adversely affected by the elimination of the current wireless emergency 9-1-1 surcharge. NOW, THEREFORE, BE RESOLVED, that the Bayfield County Board of Supervisors respectfully request the Wisconsin state legislature to enact legislation extending the wireless emergency 9-1-1 surcharge; and BE IT FURTHER RESOLVED, that upon passage, copies of this resolution be sent to Senator Jauch, Representative Sherman, the Wisconsin Counties Association and the Wisconsin Chapter of the National Emergency Number Association (NENA). BAYFIELD COUNTY BOARD OF SUPERVISORS William D. Kacvinsky, John J. Blahnik, David L. Good, Thomas J. Gordon, Kenneth Jardine, Harold A. Maki, Delores Kittleson, Shawn Miller, James A. Crandall, James Beeksma, Wayne H. Williams, Marco T. Bichanich, Brett T. Rondeau A motion was made by Gordon/Good to adopt Bayfield County Resolution No. 2008-30 Extending the Wireless 911 Surcharge. The motion carried. 14. Bayfield County Resolution No. 2008-31, Application of William A. and Janice A. Johnson for Farmland Preservation Agreement. The Board dispensed with the reading of the Resolution, which reads as follows: WHEREAS, William A. and Janice A. Johnson have applied for a Farmland Preservation Agreement covering the following described parcels of real property located in Bayfield County, Wisconsin, Town of Keystone; more fully described as: The NE¼ of the SW¼ and the SW¼ of the SE¼ of Section Twenty-six (26); the NE¼ of the NW¼ of Section Thirty-five (35); the NW¼ of the SE¼ and the SW¼ of the SE¼ of Section Thirty-six (36) all in Township Forty-seven (47) North, Range Six (6) West, Town of Keystone, Bayfield County, Wisconsin, and WHEREAS, the intent of the Farmland Preservation Program is to: (1) Protect agricultural lands from development pressures; (2) To provide property tax incentives to landowners who keep land in agricultural production; and (3) To reduce soil erosion and improve water quality by requiring conservation plans for all program participants, and; WHEREAS, at the June 27, 2008 meeting of the Bayfield County Land and Water Conservation Committee this application for a Farmland Preservation Agreement was considered and approved, and WHEREAS, at the same meeting of the Bayfield County Land and Water Conservation Committee, they resolved and recommended that the Board of Supervisors of Bayfield County also approve this application. 69 NOW, THEREFORE, BE IT RESOLVED, that the Bayfield County Board of Supervisors assembled this 29th day of July, 2008 hereby approve the above described application; and BE IT FURTHER RESOLVED, that the County Clerk of Bayfield County is directed to forward a certified copy of this resolution to the Bayfield County Conservationist who is, in turn, directed to forward the resolution and all application materials to DATCP and the State Land and Water Conservation Board for its consideration. BAYFIELD COUNTY BOARD OF SUPERVISORS William D. Kacvinsky, John J. Blahnik, David L. Good, Thomas J. Gordon, Kenneth Jardine, Harold A. Maki, Delores Kittleson, Shawn Miller, James A. Crandall, James Beeksma, Wayne H. Williams, Marco T. Bichanich, Brett T. Rondeau A motion was made by Bichanich/Beeksma to adopt Bayfield County Resolution No. 2008-31, Application of William A. and Janice A. Johnson for Farmland Preservation Agreement. The motion carried. 15. Bayfield County Resolution No. 2008-32, Application of Ronald T. and Cindy A. Roy for Farmland Preservation Agreement. The Board dispensed with the reading of the Resolution, which reads as follows: WHEREAS, Ronald T. and Cindy A. Roy have applied for a Farmland Preservation Agreement covering the following described parcels of real property located in Bayfield County, Wisconsin, Town of Keystone; more fully described as: The SW¼ of the SE¼ and the SE¼ of the SE¼ of Section Two (2); the NE¼ of the SE¼ and the SE¼ of the SE¼ of Section Ten (10); the NW ¼ of the NE¼, the SW¼ of the NE¼, the NE ¼ of the SW ¼, the NW ¼ of the SW ¼, the NE ¼ of the SE ¼ and the NW¼ of the SE¼ all of Section Eleven (11) all in Township Forty-six (46) North, Range Six (6) West, Town of Mason, Bayfield County, Wisconsin, and WHEREAS, the intent of the Farmland Preservation Program is to: (1) Protect agricultural lands from development pressures; (2) To provide property tax incentives to landowners who keep land in agricultural production; and (3) To reduce soil erosion and improve water quality by requiring conservation plans for all program participants, and; WHEREAS, at the June 27, 2008 meeting of the Bayfield County Land and Water Conservation Committee this application for a Farmland Preservation Agreement was considered and approved, and WHEREAS, at the same meeting of the Bayfield County Land and Water Conservation Committee, they resolved and recommended that the Board of Supervisors of Bayfield County also approve this application. NOW, THEREFORE, BE IT RESOLVED, that the Bayfield County Board of Supervisors assembled this 29th day of July, 2008, hereby approves the above described application; and 70 BE IT FURTHER RESOLVED, that the County Clerk of Bayfield County is directed to forward a certified copy of this resolution to the Bayfield County Conservationist who is, in turn, directed to forward the resolution and all application materials to DATCP and the State Land and Water Conservation Board for its consideration. BAYFIELD COUNTY BOARD OF SUPERVISORS William D. Kacvinsky, John J. Blahnik, David L. Good, Thomas J. Gordon, Kenneth Jardine, Harold A. Maki, Delores Kittleson, Shawn Miller, James A. Crandall, James Beeksma, Wayne H. Williams, Marco T. Bichanich, Brett T. Rondeau A motion was made by Good/Rondeau to adopt Bayfield County Resolution No. 2008- 32, Application of Ronald T. and Cindy A. Roy for Farmland Preservation Agreement. The motion carried. 16. Bayfield County Resolution No. 2008-33, Grant Submission for 2009 AIS Program Continuation. The Board dispensed with the reading of the Resolution, which reads as follows: WHEREAS, Bayfield County is committed to provide high quality water resources for use by the public for recreation and enjoyment of natural beauty, and; WHEREAS, Bayfield County is presently implementing the Bayfield County Aquatic Invasive Species Strategic Plan, adopted in April 2008, to protect all water resources in the county from introductions of aquatic invasive species, to control those aquatic invasive species populations that exist, and to help safeguard water quality, wildlife habitat, property values and the tourism industry, and; WHEREAS, we recognize the implementation of all activities in the plan requires more time to build the proper infrastructure, programs and support networks needed for the plan to be successful into the future, and; WHEREAS, we are committed, energized, and qualified to carry out the responsibilities of an aquatic invasive species control project. NOW, THEREFORE, BE IT RESOLVED, that the Bayfield County Board of Supervisors, assembled this 29th day of July, 2008, requests grant funding and assistance available from the Wisconsin Department of Natural Resources under the “Aquatic Invasive Species Control Grant Program” and hereby authorizes the County Conservationist, Land and Water Conservation Department, to act on behalf of Bayfield County to:  submit an application to the State of Wisconsin for financial aid for aquatic invasive species control purposes;  sign documents;  take necessary action to undertake, direct, and complete an approved aquatic invasive species control grant; and 71  submit reimbursement claims along with necessary supporting documentation within six months of project completion date. BE IT FURTHER RESOLVED THAT Bayfield County will meet the obligations of the aquatic invasive species control project including timely publication of the results and meet the financial obligations of an aquatic invasive species grant, including the prompt payment of our 25% commitment to aquatic invasive species control project costs. BAYFIELD COUNTY BOARD OF SUPERVISORS William D. Kacvinsky, John J. Blahnik, David L. Good, Thomas J. Gordon, Kenneth Jardine, Harold A. Maki, Delores Kittleson, Shawn Miller, James A. Crandall, James Beeksma, Wayne H. Williams, Marco T. Bichanich, Brett T. Rondeau A motion was made by Good/Beeksma to adopt Bayfield County Resolution No. 2008-33 Grant Submission for 2009 AIS Program Continuation. A roll call vote was taken as follows: Good-yes; Gordon-yes; Jardine-yes; Maki-no; Kittleson-yes; Blahnik-yes; Kacvinsky-yes; Beeksma-yes; Williams-yes; Bichanich-yes; Miller-yes; Crandall-yes; Rondeau-yes. Total: 13, 13 yes, 0 no. The motion carried. 17. Report of the Bayfield County Planning & Zoning Committee Regarding Amendments to the Bayfield County Code of Ordinances, Specifically Section 13-1-21, 13-1- 32, 13-1-40, 13-1-87, and 13-1-102. The Board dispensed with the reading of the Report, which reads as follows: TO: The County Board of Supervisors of Bayfield County on the hearing of petitions to amend the Bayfield County Zoning Ordinance. The Planning and Zoning Committee of the Bayfield County Board of Supervisors, having held a public hearing pursuant to Section 59.69(5)(e), Wisconsin Statutes; notice thereof having been given as provided by law; and having been duly informed of the facts pertinent to the following changes; hereby recommends the following action on said petition: 1. Section 13-1-21(e)(1)jj is created to read: jj. Stairway to navigable waters. $100 2. Section 13-1-32(b)(2) is amended by deleting subparagraphs b, c, and d thereof and by amending the introductory provision as follows (deleted text lined through): (2) If the requirements of subparagraph a, b, c or d below are met, then a principal structure may be constructed at a minimum setback of 75 feet from a Class 3 lake if all other applicable provisions of this ordinance are complied with, provided that such structure shall be subject to Section 13-1-40(c)(4)d: b. A land use permit for an accessory structure on the lot in question was obtained prior to December 12, 2000, and construction of such structure 72 has been commenced within one year of the permit's date of issuance; and a land use permit for the principal structure has been obtained prior to December 12, 2001, and construction of said structure has been commenced within one year of the permit's date of issuance; or c. A special use permit for shoreland grading on the lot in question was obtained prior to December 12, 2000, and grading has been commenced within one year of the permit's date of issuance; and a land use permit for the principal structure has been obtained prior to December 12, 2001, and construction of the structure has been commenced within one year of the permit's date of issuance. d. A sanitary permit for a private sewage system on the lot in question was obtained prior to December 12, 2000, and construction of the system has been commenced within two years after the permit's date of issuance; and a land use permit for the principal structure has been obtained prior to December 12, 2001, and construction of the structure has been commenced within one year of the permit's date of issuance. 3. Section 13-1-40(c)(4)a.3 is amended as follows (new text underlined): 3. Exterior improvements shall be limited to those which do not change the size or shape of the structure, except that a flat roof may be replaced by a pitched roof, provided that the additional space under the pitched roof may not be used for living area, storage, or other purpose. 4. The “Dwelling, Multiple Unit,” entry in the classification table in Section 13-1-62(a) is amended by replacing the comma following “Unit” with a colon and adding “See Multiple Unit Development” and by deleting the “C’s” in the first three columns in said entry. PERMISSIBLE USES R-4 R-3 R-1 R-2 R-RB C I A-1 A-2 F-1 F- 2 W Dwelling, Multiple Unit: “See Multiple Unit Development” C C C 5. Section 13-1-87(d) is amended as follows (new text underlined; deleted text lined through): (d) Signs shall not be closer than three (3) feet to a property line or right-of-way line, and, except as provided in Sec. 13-1-82(a)(3) and Sec. 13-1-86(b), shall not extend more than fourteen (14) feet high above the ground level, except that a signs fastened to a building may be higher so long as it is not higher than the highest part of that building’s roof. 6. Section 13-1-102(e)(2)e is amended as follows (deleted text lined through; new text underlined): 73 e. The basis of review in granting a variance shall include those items listed in Section 13-1-41(b)(4)a and, in granting a variance, the Board may attach those conditions listed in Section 13-1-41(d)(b)(4)b and/or other conditions, if such conditions as are reasonably related to the purpose of the zoning restriction in question or to environmental problems that may be caused or aggravated by the variance if the condition were not imposed. 7. Section 13-1-102(e)(3) is amended as follows (deleted text lined through; new text underlined): (3) Whenever a variance is granted, the Bayfield County Zoning Department, shall record the decision granting it, setting forth the terms and conditions of the variance and a legal description of the property to which it pertains, with the Bayfield County Register of Deeds. The recording fee shall be paid by the applicant. The terms and conditions of the variance shall be binding upon and inure to the benefit of all current and future owners of such property. The recording fee shall be paid by the applicant to the Department within ninety (90) days after notice thereof has been sent to the applicant by the Department. If the applicant fails to do so, the variance shall be null and void, and no permit shall be issued pursuant thereto. BAYFIELD COUNTY PLANNING & ZONING COMMITTEE James Beeksma, Kenneth Jardine, Harold Maki, Shawn Miller, Brett Rondeau A motion was made by Rondeau/Maki to receive and place on file the Report of the Bayfield County Planning & Zoning committee Regarding Amendments to the Bayfield County Code of Ordinances, Specifically Section 13-1-21, 13-1-32, 13-1-40, 13-1-87, and 13-1- 102. The motion carried. 18. Bayfield County Zoning Amendatory Ordinance No. 2008-07, Regarding Amendments to the Bayfield County Code of Ordinances, Specifically Section 13-1-21, 13-1- 32, 13-1-40, 13-1-87, and 13-1-102. The Board dispensed with the reading of the Ordinance, which reads as follows: The Bayfield County Board of Supervisors ordains as follows: That the Bayfield County Zoning Ordinance, adopted June 1, 1976, be and the same, is hereby amended as follows: 1. Section 13-1-21(e)(1)jj is created to read: jj. Stairway to navigable waters. $100 2. Section 13-1-32(b)(2) is amended by deleting subparagraphs b, c, and d thereof and by amending the introductory provision as follows (deleted text lined through): 74 (2) If the requirements of subparagraph a, b, c or d below are met, then a principal structure may be constructed at a minimum setback of 75 feet from a Class 3 lake if all other applicable provisions of this ordinance are complied with, provided that such structure shall be subject to Section 13-1-40(c)(4)d: b. A land use permit for an accessory structure on the lot in question was obtained prior to December 12, 2000, and construction of such structure has been commenced within one year of the permit's date of issuance; and a land use permit for the principal structure has been obtained prior to December 12, 2001, and construction of said structure has been commenced within one year of the permit's date of issuance; or c. A special use permit for shoreland grading on the lot in question was obtained prior to December 12, 2000, and grading has been commenced within one year of the permit's date of issuance; and a land use permit for the principal structure has been obtained prior to December 12, 2001, and construction of the structure has been commenced within one year of the permit's date of issuance. d. A sanitary permit for a private sewage system on the lot in question was obtained prior to December 12, 2000, and construction of the system has been commenced within two years after the permit's date of issuance; and a land use permit for the principal structure has been obtained prior to December 12, 2001, and construction of the structure has been commenced within one year of the permit's date of issuance. 3. Section 13-1-40(c)(4)a.3 is amended as follows (new text underlined): 3. Exterior improvements shall be limited to those which do not change the size or shape of the structure, except that a flat roof may be replaced by a pitched roof, provided that the additional space under the pitched roof may not be used for living area, storage, or other purpose. 4. The “Dwelling, Multiple Unit,” entry in the classification table in Section 13-1-62(a) is amended by replacing the comma following “Unit” with a colon and adding “See Multiple Unit Development” and by deleting the “C’s” in the first three columns in said entry. deleted PERMISSIBLE USES R-4 R-3 R-1 R-2 R-RB C I A-1 A-2 F-1 F- 2 W Dwelling, Multiple Unit: “See Multiple Unit Development” C C C 5. Section 13-1-87(d) is amended as follows (new text underlined; deleted text lined through): (d) Signs shall not be closer than three (3) feet to a property line or right-of-way line, and, except as provided in Sec. 13-1-82(a)(3) and Sec. 13-1-86(b), shall not extend 75 more than fourteen (14) feet high above the ground level, except that a signs fastened to a building may be higher so long as it is not higher than the highest part of that building’s roof. 6. Section 13-1-102(e)(2)e is amended as follows (deleted text lined through; new text underlined): e. The basis of review in granting a variance or special exception shall include those items listed in Section 13-1-41(b)(4)a and, in granting a variance, the Board may attach those conditions listed in Section 13-1-41(d)(b)(4)b and/or other conditions, if such conditions as are reasonably related to the purpose of the zoning restriction in question or to environmental problems that may be caused or aggravated by the variance or special exception if the condition were not imposed. 7. Section 13-1-102(e)(3) is amended as follows (deleted text lined through; new text underlined): (3) Whenever a variance or special exception is granted, the Bayfield County Zoning Department, shall record the decision granting it, setting forth the terms and conditions of the variance or special exception and a legal description of the property to which it pertains, with the Bayfield County Register of Deeds. The recording fee shall be paid by the applicant. The terms and conditions of the variance or special exception shall be binding upon and inure to the benefit of all current and future owners of such property. The recording fee shall be paid by the applicant to the Department within ninety (90) days after notice thereof has been sent to the applicant by the Department. If the applicant fails to do so, the variance or special exception shall be null and void, and no permit shall be issued pursuant thereto. Dated: July 29, 2008 By Action of the BAYFIELD COUNTY BOARD OF SUPERVISORS Attested to by: Scott S. Fibert, Bayfield County Clerk The yellow highlighting is a change at the Full Board level. Please make note of the changes in the Board of Supervisors minutes. A motion was made by Beeksma/Rondeau to adopt Bayfield County Amendatory Ordinance No. 2008-07 Regarding Amendments to the Bayfield County Code of Ordinances, Specifically Section 13-1-21, 13-1-32, 13-1-40, 13-1-87, and 13-1-102 with the new changes. The motion carried. 76 19. Report of the Bayfield County Planning & Zoning Committee Regarding Amendments to the Bayfield County Code of Ordinances, Specifically Section 13-1-40 and 13-1-87. The Board dispensed with the reading of the Report, which reads as follows: TO: The County Board of Supervisors of Bayfield County on the hearing of petitions to amend the Bayfield County Zoning Ordinance. The Planning and Zoning Committee of the Bayfield County Board of Supervisors, having held a public hearing pursuant to Section 59.69(5)(e), Wisconsin Statutes; notice thereof having been given as provided by law; and having been duly informed of the facts pertinent to the following changes; hereby recommends the following action on said petition: 1. Section 13-1-40(c)(4)a.4 is created to read: 4. The mitigation requirements of paragraph (5) below are complied with. 2. Section 13-1-40(c)(4)b.4 is created to read: 4. The mitigation requirements of paragraph (5) below are complied with. 3. Section 13-1-87(d) is amended as follows: (d) Signs shall not be closer than three (3) feet to a property line or right-of-way line, and, except as provided in Sec. 13-1-82(a)(3) and Sec. 13-1-86(b), shall not extend more than fourteen (14) ten (10) feet high above the ground level, except that signs fastened to a building may be higher so long as it is not higher than the highest part of that building’s roof. Date: July 17, 2008 BAYFIELD COUNTY PLANNING & ZONING COMMITTEE James Beeksma, Kenneth Jardine, Harold Maki, Shawn Miller, Brett Rondeau A motion was made by Rondeau/Jardine to receive and place on file the Report of the Bayfield County Planning & Zoning Committee Regarding Amendments to the Bayfield County Code of Ordinances, Specifically Section 13-1-40 and 13-1-87. The motion carried. 20. Bayfield County Zoning Amendatory Ordinance No. 2008-08, Regarding Amendments to the Bayfield County Code of Ordinances, Specifically Section 13-1-40 and 13-1-87. The Board dispensed with the reading of the Ordinance, which reads as follows: The Bayfield County Board of Supervisors ordains as follows: That the Bayfield County Zoning Ordinance, adopted June 1, 1976, be and the same, is hereby amended as follows: 1. Section 13-1-40(c)(4)a.4 is created to read: 77 4. The mitigation requirements of paragraph (5) below are complied with. 2. Section 13-1-40(c)(4)b.4 is created to read: 4. The mitigation requirements of paragraph (5) below are complied with. 4. Section 13-1-87(d) is amended as follows: (e) Signs shall not be closer than three (3) feet to a property line or right-of-way line, and, except as provided in Sec. 13-1-82(a)(3) and Sec. 13-1-86(b), shall not extend more than fourteen (14) ten (10) feet high above the ground level, except that a signs fastened to a building may be higher so long as it is not higher than the highest part of that building’s roof. Dated: July 29, 2008 By Action of the BAYFIELD COUNTY BOARD OF UPERVISORS Attested to by: Scott S. Fibert, Bayfield County Clerk A motion was made by Rondeau/Beeksma to adopt Bayfield County Amendatory Ordinance No. 2008-08, Regarding Amendments to the Bayfield County Code of Ordinances, Specifically Section 13-1-40 and 13-1-87. The motion carried. 21. Appointment of Stephen Collins, for a 1-year term, to the Bayfield County Board of Adjustment. A motion was made by Gordon/Kittleson to appoint Stephen Collins to the Bayfield County Board of Adjustment for a 1-year term. The motion carried. A motion was made by Crandall/Kittleson to move in and out of Executive Session pursuant to §19.85(1)(c)(e), considering employment regarding the Interim Highway Commissioner, promotion, compensation or performance evaluation data of any public employee over which, the governmental body has jurisdiction or exercises responsibility and for Competitive or Bargaining reasons regarding Long Term Care Headquarters in Cable. A roll call vote was taken as follows: Gordon-yes; Jardine-yes; Maki-no; Kittleson-yes; Blahnik- yes; Kacvinsky-yes; Beeksma-yes; Williams-yes; Bichanich-yes; Miller-yes; Crandall-yes; Rondeau-yes; Good-yes. Total: 13, 13 yes, 0 no. The motion carried. A motion was made by Crandall/Rondeau to move out of Executive Session pursuant to §19.85(1)(c)(e), considering employment regarding the Interim Highway Commissioner, promotion, compensation or performance evaluation data of any public employee over which, the governmental body has jurisdiction or exercises responsibility and for Competitive or Bargaining reasons regarding Long Term Care Headquarters in Cable. A roll call vote was taken as follows: Jardine-yes; Maki-no; Kittleson-yes; Blahnik-yes; Kacvinsky-yes; Beeksma- 78 yes; Williams-yes; Bichanich-yes; Miller-yes; Crandall-yes; Rondeau-yes; Good-yes; Gordon- yes. Total: 13, 13 yes, 0 no. The motion carried. A motion was made by Gordon/Rondeau to recommend the appointment of Keith Larson as the Interim Bayfield County Highway Commissioner. The motion carried. A letter welcoming Northwest Family Care Headquarters was signed by all County Board members for Abeles-Allison to present tomorrow at the tour. 22. Administrator’s Report: a) Discussion and Possible Action Regarding Letter and Contents Received from William Lindsey as it Pertains to the “T” Intersection; A motion was made by Blahnik/Crandall to receive and place on file the letter and contents received by William Lindsey. The motion carried. b) An updated was given on the WCA Annual Meeting. Abeles-Allison asked that if Board members have not yet signed up and want to attend, please notify his office as soon as possible. c) 2009 Budget Update. Abeles-Allison reported that included in the Board’s packets was the 2009 Budget preparations. He stated that this is going to be a tough year with the Board’s recommendation of a 2% increase. He announced that the Executive Committee meetings are being scheduled and will start as early as August 14th. 23. Appointment of Lona Schmidt to the Bayfield County Human Services Board, term begins July 2008 and ends July 2011. A motion was made by Gordon/Crandall to appoint Lona Schmidt to the Bayfield County Human Services Board with the term beginning July, 2008 and ending July, 2011. The motion carried. 24. Supervisors’ Reports: Beeksma reported on article in the Milwaukee paper regarding closing forest roads. According to the news article, meetings held last fall and the article states that there was no opposition to the road closings, which he found hard to believe. The reason he brought this to the Board is for their help in contacting the people listed on the back of the letter to state our opposition to this. Further discussion took place on putting a resolution together for adoption at the August meeting. Time is of the essence as this will be happening in January. Blahnik also stated that we should go on record stating we as a Board object to this. Maki stated he has an address for the Ass’t. Forest Service Administrator. Miller stated he also has people to contact. This will go to Forestry and the Tourism Committees for their information. Maki brought up for discussion the topic of the land that was purchased from Plum Creek. He was inquiring as to whether or not the grant money has come back to the general fund which was given for the acquisition of the land. Was the grant received? Discussion took place on how much money was received and what Bayfield County paid. The County did not receive the 79 matching grant, and therefore are not going to be reimbursed for the funds spent. A lengthy discussion took place on what was paid for the acreage and dollars spent on this purchase. Fair – Kacvinsky invited everyone that can to help out at the fair and to let Dee know when and where you can work. He also informed everyone that the County Clerk’s office has graciously stated they will work on Thursday and Friday. A motion was made by Gordon/Beeksma to adjourn. The motion carried and the meeting adjourned at 8:45 p.m. Respectfully submitted, Scott S. Fibert, Bayfield County Clerk SSF/dmb