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Minutes of the
Bayfield County Board of Supervisors’ Meeting
Of November 9, 2010 – 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 6:04 p.m. Roll call was taken by Bayfield County Clerk, Scott Fibert as follows:
Rondeau-present; Meyers-absent; Bussey-present; Jardine-present; Maki-present; Kittleson-present;
Bennett-present; Kacvinsky-present; Rantala-present; Williams-present; Bichanich-present; Miller-
present; Crandall-present: Total 13: 12 present, 1 absent. A quorum was present to conduct business.
The following were also present for the meeting: County Administrator, Mark Abeles-Allison; Deputy
County Clerk, Dawn M. Bellile; Paul Susienka, Chief Deputy; Claire Duquette, Reporter for The Daily
Press; community residents.
The Pledge of Allegiance was recited by all in attendance.
1. Minutes of the October 26, 2010 Bayfield County Board of Supervisors’ Meeting.
The Board dispensed with the reading of the minutes (a copy of which is on file in the County Clerk’s
office). A motion was made by Rondeau/Bichanich to adopt the October 26, 2010 Bayfield County
Board of Supervisors’ Meeting. The motion carried.
2. Public Comment
Ellen Kwiatkoski, Executive Director of the Bayfield Regional Conservancy, was present and spoke
on the Telemark property and the possibility for Bayfield County to acquire the property. She spoke on
the fact that the Birkebeiner brings nearly 4 million dollars to the Cable area annually. The lands are
very important for the ski race in order for it to stay local. There is a new program that the County
Forest could get involved in through the Forestry Department. It is very new and the rules for the
program have not yet been finalized. The County can, however, apply for assistance which would help in
the purchase of the lands. There is a potential that the County could acquire the lands without having to
pay for any of the lands as they own so much of the surrounding presently. Kwiatkowski is bringing this
to the attention of the Board in hopes that the Board will look at this soon as time is of the essence. If
the lands are subdivided up by private land owners, everyone will lose in the long run.
3. Bayfield County Resolution No. 2010-56, Designation of Authorized Depositories for
Bayfield County. The Board dispensed with the reading of the resolution, which reads as follows:
WHEREAS, Section 34.05 of the Wisconsin Statutes authorizes counties to invest any of their
funds not immediately needed, in time deposits, in banks, or savings and loan associations, in accordance
with and subject to the limitations of Wisconsin Statute §66.0603(1m), and also authorizes counties to
engage in financial transactions in which the public depository agrees to repay funds advanced to it by
the county plus interest, if the agreement is secured by bonds or securities issued or guaranteed as to
principal and interest by the Federal Government, and
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WHEREAS, it appears to be to the financial benefit of the County and its citizens to invest
funds not immediately needed in such deposits and to enter into such financial transactions from time to
time;
NOW, THEREFORE, BE IT RESOLVED, that the Bayfield County Board of Supervisors
assembled this 9th day of November, 2010, authorize and directs the Bayfield County Treasurer to
invest county funds not immediately needed either in time deposits in accordance with and subject to
the limitations of Wisconsin Statute §66.0603, or by entering into financial transactions in which a
public depository agrees to repay funds advanced to it by the County plus interest, if the agreement is
fully secured by securities issued or guaranteed as to principal and interest by the Federal Government,
with any of the following financial institutions, which have been designated as public depositories for
Bayfield County: Bremer Bank; Security State Bank; State Bank of Drummond, Northern State Bank;
Chippewa Valley Bank; and the Local Government Investment Pool.
BE IT FURTHER RESOLVED, that County funds not so invested shall be deposited in checking or
savings accounts at any of the foregoing institutions.
By Action of the
Bayfield County Board of Supervisors
William D. Kacvinsky, Chairman
A motion was made by Maki/Rondeau to adopt Bayfield County Resolution No. 2010-56,
Designation of Authorized Depositories for Bayfield County. The motion carried.
4. Bayfield County Resolution No. 2010-57, Supporting Cooperative Law Enforcement
Services Agreement Between the Bayfield County Sheriff’s Department and the Red Cliff
Community Law Enforcement. The Board dispensed with the reading of the resolution, which reads as
follows;
WHEREAS, The Red Cliff Band of Lake Superior Chippewa Indians is a federally recognized
Indian Tribe, organized under a Constitution adopted August 25, 1938, and approved on November 9,
1938, pursuant to section 16 of the Indian reorganization Act; and
WHEREAS, The Tribal and Bayfield County Law Enforcement Agencies have had a history of
cooperation in striving to meet the Red Cliff Community’s law enforcement needs; and
WHEREAS, Wisconsin Statute 165.90 provides for the establishment of cooperative law
enforcement efforts between County and Tribal Law Enforcement Agencies; and
WHEREAS, County and Tribal Law Enforcement Officials have worked together to develop the
FY 2011 County-Tribal Law Enforcement (CTLE) Plan and grant application.
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NOW, THEREFORE, BE IT RESOLVED, that the Bayfield County Board of Supervisors
assembled this 9th day of November, 2010, does hereby encourage continued cooperation between the
County and Tribal Law Enforcement Agencies and approve the FY 2011 County-Tribal Law Enforcement
Plan and Grant Application.
By Action of the
Bayfield County Board of Supervisors
William D. Kacvinsky, Chairman
A motion was made by Crandall/Jardine to adopt Bayfield County Resolution No. 2010-57,
Supporting Cooperative Law Enforcement Services Agreement Between the Bayfield County
Sheriff’s Department and the Red Cliff Community Law Enforcement. Discussion took place
regarding the application and plan. It was stated that at the Sheriff’s Committee Meeting it was
discussed that the County should receive $10,000 from the grant as the Sheriff’s Department does
provide many services.
A motion amendment was made by Bussey/Bichanich to authorize and direct the Sheriff to
negotiate with and sign the Agreement, if and only if, the County receives not less than $10,000
from the grant. Vote on the motion amendment carried with one opposition.
Further discussion took place that no matter how we do this, we still are going to have to provide
services to Red Cliff. However, if we don’t sign the agreement the dollars will not come through for Red
Cliff. The new last paragraph will now read:
NOW, THEREFORE, BE IT RESOLVED, that the Bayfield County Board of Supervisors
assembled this 9th day of November, 2010, does hereby authorize and direct the Sheriff to negotiate
with and sign the agreement if and only if, the County receives not less than $10,000.00 from the grant.
A roll call vote took place on the original motion and amendment as follows: Meyers-absent;
Bussey-yes; Jardine-yes; Maki-yes; Kittleson-yes; Bennett-yes; Kacvinsky-yes; Rantala-yes;
Williams-yes; Bichanich-yes; Miller-yes; Crandall-yes; Rondeau-no. The motion carried: 13
votes, 11 yes, 1 no, 1 absent. The motion carried.
5. Bayfield County Resolution No. 2010-58, Authorization for County Board Chairman,
County Clerk and the County Treasurer of the County of Bayfield to make Short Term Loans. The
Board dispensed with the reading of the resolution, which reads as follows;
WHEREAS, it may be necessary to borrow funds on a short term basis in order to meet payrolls
and other obligations including current and ordinary expenses within the next year.
NOW, THEREFORE, BE IT RESOLVED, by the Bayfield County Board of Supervisors of
Bayfield County in annual session, assembled this 9th day of November, 2010, that the County Board
Chairman of the County of Bayfield, the County Clerk, and the County Treasurer, be and they are hereby
authorized to borrow funds on a short term basis in an amount not to exceed Three Hundred Thousand
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Dollars ($300,000.00) in aggregate if in their opinion it should be to the County’s best interest to make
such loan or loans.
By Action of the
Bayfield County Board of Supervisors
William D. Kacvinsky, Chairman
A motion was made by Rondeau/Kittleson to adopt Bayfield County Resolution No. 2010-58,
Authorization for County Board Chairman, County Clerk, and the County Treasurer of the County
of Bayfield to Borrow Funds on a Short Term Basis. The motion carried.
6. Bayfield County Resolution No. 2010-59, Holding of Meetings as may be Necessary
to Conduct Business in 2011. The Board dispensed with the reading of the resolution, which reads as
follows:
WHEREAS, the several committees of the Bayfield County Board of Supervisors are required in
the conduct of the business of said Bayfield County, to hold and conduct committee meetings in excess
of the number permitted by Statute; and
WHEREAS, by action of the County Board, the number of meetings of said committees beyond
the statutory limit may be extended.
NOW, THEREFORE, BE IT RESOLVED, that the several committees of the Bayfield County
Board of Supervisors be and they are hereby authorized to hold such meetings during the year 2011 as
may be necessary to the proper conduct of the business of said Bayfield County.
Dated this 9th day of November, 2010.
By Action of the
Bayfield County Board of Supervisors
William D. Kacvinsky, Chairman
A motion was made by Rondeau/Williams to adopt Bayfield County Resolution No. 2010-59,
Holding of Meetings as may be Necessary to Conduct Business in 2011. The motion carried.
7. Bayfield County Resolution No. 2010-60, DNR Funding for Telemark. Abeles-Allison
stated that we do not have a resolution prepared for this. Discussion took place further on the rules
and regulations involved in the Telemark land. This is a complicated and difficult issue. We would like to
see the endeavor succeed, but we aren’t sure which direction or what role Bayfield County should play, if
any. Discussion also took place on where would the $750,000 come from for the purchase of the land.
The Board stated that they would like to hear more on the subject from Kwiatkoski. A motion was
made by Rondeau/Bussey to suspend the rules to allow Ellen Kwiatkoski and Ned Ziehlsdorf to
speak to the Board. The motion carried.
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Kwiatkoski stated that the main concern is to see the land stay whole. Groups like the
Birkebeiner, fat tire, etc. for people to ski, snowmobile, ATV, whatever. It if is subdivided, this will all
end. Ned Ziehlsdorf is the head for the Birkie Foundation and stated that in order to get to forest
land, you have to cross approximately 2 miles of Telemark property. The Birkie crosses different miles
of the Telemark property throughout the race. There is a potential that someone could purchase the
resort as a whole, but it is a risk to wait to see if that buyer comes alone. If the land owner knows the
County is interested, he would wait to sell and keep it as a whole rather than subdividing. The purchase
price of the land would be determined by the appraisal. Kwiatkoski thought the land would appreciate
out at a much higher than 1.3 million. The DNR would match half and the land owner would accept this.
The landowner, right now, is just hoping that he can get back his initial investment.
Further discussion took place on forest land acquisition within the State of Wisconsin. The State
told Kwiatkoski that 25% of the funding is guaranteed, however, if money gets spent, and the County
could afford the project, the County would rank higher than other entities wanting the funding dollars
and perhaps get the entire amount or not close to it. Kwiatkoski further stated that she is convinced
that this purchase would rank very high in the State’s eyes.
If the purchase should go through, it would need to be managed as a county forest. There are
not restrictions, just would be want the County Forestry office and committee decides. Kwiatkoski
stated that in speaking with the DNR about whether or not this type of purchase would fit the criteria
for compatible uses and they concurred that it would.
If the County should desire to pursue this, they would hire an appraiser and the State would hire
an appraiser and an amount would be compromised between the 2 appraisers, as there are specific
guidelines that they have to meet. The land, again if purchased by the County, would be solely owned by
the County. Discussion asked what the Conservancy’s interest would be beyond this point. Kwiatkoski
stated that the conservancy is just a land trust, and it is their mission to protect forest and farm land,
lakes and streams, etc. They are a non-profit organization and their only interest is to see the land have
a conservation ownership. The Conservancy only wants to facilitate the hopeful purchase of protecting
this land. If the County doesn’t want to go this route, the Conservancy will look into other persons that
may be interested in purchasing the property.
Supervisor Rondeau recommended that this be sent to the Forestry Committee to have our
Forest Administrator, Jason Bodin, involved in this. This sounds good, but the Forestry Department
needs to tell us what would be involved on their end. This is an excellent opportunity and a perfect fit
for our County Forest if it works out and would be a huge resource for southern Bayfield County.
Supervisor Crandall stated it was a big interest to the southern end of Bayfield County. It has a
huge economic impact on that area. Let’s move ahead and bring something to the December meeting. If
the opportunity exists that we can purchase, it is important to go ahead and do this. Supervisor Maki
asked if the real estate taxes have been paid on the land or are their back taxes due and owing?
The Forestry Committee meetings this coming Monday and we can amend the agenda to put this
on. It was the consensus of the Board that this be moved to the Forestry Committee meeting.
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8. Executive Session. A motion was made by Kittleson/Crandall to move in and out of
Executive Session pursuant to §19.85(1)(g); Conferring legal counsel for the governmental body who
is rendering oral or written advice concerning strategy to be adopted by the body with respect
Bussey-yes; Jardine-yes; Maki-yes; Kittleson-yes; Bennett-yes; Kacvinsky-yes; Rantala-yes;
Williams-yes; Bichanich-yes; Miller-yes; Crandall-yes; Rondeau-yes; to litigation in which it is or
is likely to become involved: A roll call vote was taken as follows: Meyers-absent. The motion
carried: 13 votes, 12 yes, 0 no, 1 absent. The motion carried.
A motion was made by Rondeau/Bichanich to move out of executive session. The motion
carried.
9. Administrator’s Report:
a) County Board Meeting Schedule. The Board will hold its December meeting on the
14th at 6:00 p.m.
b) Bart Transportation Public Hearing. There will be a public hearing on the BART
transportation on Dec. 8th at 7:00 p.m. at the Northern Great Lakes Visitor’s
Center.
c) Superior Days. We are looking for ideas and topics to be discussed at Superior
Days. If you have any issues you would like to submit, send them to his office. The
next meeting date is scheduled for Nov. 16th at WITC by video conference.
There being no further business to come before the County Board, Chairman Kacvinsky
adjourned the meeting at 7:10 p.m.
Respectfully submitted,
Scott S. Fibert,
Bayfield County Clerk
SSF/dmb