HomeMy WebLinkAboutCounty Board of Supervisors - Minutes - 7/26/201156
Minutes of the
Bayfield County Board of Supervisors’ Meeting
Of July 26, 2011 – 6:00 p.m.
Bayfield County Board Room, Courthouse, Washburn, Wisconsin
The Bayfield County Board of Supervisors’ meeting was called to order by Chairman
Kacvinsky at 6:05 p.m. Roll call was taken by County Clerk, Scott Fibert as follows:
Kittleson-present; Bennett-present; Kacvinsky-present; Rantala-absent; Williams-present;
Bichanich-present; Miller-present; Crandall-present; Rondeau-present; Meyers-present;
Bussey-present; Jardine-present; Maki-absent: Total 13: 11 present, 2 absent. A quorum
was present to conduct business. The following were also present for the meeting: County
Administrator, Mark Abeles-Allison; Scott S. Fibert, County Clerk; Dawn M. Bellile, Deputy
County Clerk; Timothy Kane, UW-Extension Community Resource Agent; Paul Susienka,
Sheriff.
A moment of silence was held for the family of John Bennett in the recent death of
his son.
The Pledge of Allegiance was recited by all in attendance.
1. Public Hearing Regarding County Board Redistricting and Issuance of a
Revenue Bond by Bayfield County to Refinance and Finance Certain Improvements to a
Project owned by Memorial Medical Center. A motion was made by Rondeau/Meyers
to adjourn as a County Board and Convene as a Committee of the Whole. The motion
carried.
County Board Redistricting Plan. Tim Kane, UW-Extension Community Resource
Agent, spoke and informed the Board that this is the last leg of the redistricting process,
which is to have a public hearing. After viewing the supervisory maps of Bayfield County
with Fibert, Abeles-Allison, and Kacvinsky, a conclusion was drawn that it didn’t make a
whole lot of sense to change the districts as they virtually were unchanged. They made a
few preliminary changes a few months back, boundaries were shifted a bit to make the
populations equal, but other than that the districts are the same as before. All necessary
hearings have been held. The City of Washburn had to make adjustments to their Wards
as well and Russell and Iron River and have adopted the same. Eileen is a split supervisory
district and they adopted the districts, and all other townships have done their part. We
are now at the stage where we need to adopt the redistricting plan.
Chairman Kacvinsky asked if anyone from the public wished to speak. There was no
response.
Revenue Bond Financing. Attorney Thomas Mayfield and Daniel Hymans, the CCO
of Memorial Medical Center was present to go over the documents with the Board. A
public hearing is necessary concerning the request from MMC for up to a $5 million
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conduit bond for patient room improvements currently underway. As it was again
explained, there will be no financial responsibility for Bayfield County. The Executive
Committee met with MMC representatives earlier on this topic and recommended that the
County Board approve the bond issuance. Discussion took place and the Board was
informed that final action will not happen this evening but most likely will appear in August.
Between now and then, the County’s attorney and Bond attorney will go over all of the
paperwork to make sure everything goes smoothly.
Chairman Kacvinsky asked if anyone from the public wished to speak. There was no
response.
A motion was made by Crandall/Bennett to close the Committee of the Whole
and to reconvene as a County Board. The motion carried.
At this time, Chairman Kacvinsky asked the Board for their approval to change the
agenda order. He would like #8 next, then 10, 9 and continuing on. A motion was made
by Crandall/Kittleson to amend the agenda. The motion carried.
2. Bayfield County Resolution No. 2011-23, Bayfield County Final
Supervisory Redistricting Plan. The Board dispensed with the reading of the resolution,
which reads as follows:
WHEREAS, Bayfield County received the population figures for Bayfield County for
the State of Wisconsin on March 22, 2011; and
WHEREAS, §59.03(3), (b), of the Wisconsin Statutes states that the creation of
supervisory districts shall entail the adoption of a tentative Supervisory District Plan and
a Final Supervisory District Plan; and
WHEREAS, a public hearing was held on April 19, 2011 at the Bayfield County
Courthouse in Washburn, Wisconsin, to review and adopt the tentative Plan; and
WHEREAS, the statutory requirements for creation of a tentative Plan have been
met by Bayfield County; and
WHEREAS, on April 20, 2011, Bayfield County sent the tentative Supervisory
District Plan to all local municipalities in Bayfield County; and
WHEREAS, the municipalities that are to be divided for the purpose of
establishing supervisory districts have been notified; and
WHEREAS, those municipalities by State Statute, had sixty (60) days to create
such wards for the purpose of redistricting; and
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WHEREAS, those municipalities have responded to the County Clerk with
resolutions establishing set wards by census block; and
WHEREAS, Bayfield County will hold its final hearing on July 26, 2011, at the
Bayfield County Courthouse, Washburn, Wisconsin.
NOW, THEREFORE, BE IT RESOLVED, that the Bayfield County Board of
Supervisors assembled this 26th day of July, 2011, adopts said Final Redistricting Plan; and
BE IT FURTHER RESOLVED, that the Bayfield County Board Chairman shall send
the Final Redistricting Plan to the Secretary of State and the Legislative Reference
Bureau.
By Action of the
Bayfield County Board of Supervisors
William D. Kacvinsky, Chair
A motion was made Miller/Rondeau to adopt Bayfield County Resolution No. 2011-
23, Bayfield County Final Supervisory Redistricting Plan. Discussion. The motion carried.
3. Bayfield County Resolution No. 2011-24, Relating to a Revenue Bond
Financing on Behalf of Memorial Medical Center by Bayfield County and Ashland County.
The Board dispensed with the reading of the resolution, which reads as follows:
WHEREAS, Memorial Medical Center, Inc., a Wisconsin nonstock nonprofit
corporation (the “Borrower”), intends to refinance certain indebtedness previously incurred
for its hospital facility located in the City of Ashland, as well as finance certain
improvements thereto including the construction of a three-story addition and significant
renovation of existing space; and
WHEREAS, the Borrower has represented that the economic feasibility of the
refinancing and financing described above will be greatly enhanced through the issuance of
revenue bonds by Bayfield County (the “County”) and Ashland County for such purposes, and
therefore requests the County to declare its present intent to issue its revenue bond to
provide a portion of the refinancing and financing described above; and
WHEREAS, the County is authorized to issue its revenue bond for such purpose by
Section 66.0621, Wisconsin Statutes, as amended (the “Act”), and under the Act, the
revenue bond and interest thereon will not be a charge against the County’s general credit or
taxing powers or a pecuniary liability of the County;
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors, assembled
this 26th day of July, 2011, agrees as follows:
Section 1. The Board of Supervisors prior to the adoption hereof has held a public
hearing to provide an opportunity for interested individuals to express their views on the
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proposed issue of the revenue bonds by the County and Ashland County and the nature of the
Borrower’s facility refinanced and financed thereby.
Section 2. It is hereby declared to be the intention of the Board of Supervisors of
the County to issue a revenue bond of the County in the principal amount of up to $5,000,000
on behalf of the Borrower for the purposes described above, and preliminary approval is
hereby given to the revenue bond issue. Consideration of final approval of the County’s
revenue bond and related matters is expected to be scheduled for August 23.
Section 3. The officers and employees of the County are hereby authorized to take
such further action as is necessary to carry out the intent and purposes of this resolution.
All details of such revenue bond issue and the provisions for payment thereof shall be
subject to final approval of this Board of Supervisors. The revenue bond shall not constitute
a charge, lien or encumbrance, legal or equitable, upon any property of the County, and the
revenue bond, when, as and if issued, shall recite in substance that the revenue bond,
including interest thereon, is payable solely from the revenues received from the Borrower
and property of the Borrower pledged to the payment thereof and shall not constitute a debt
of the County within the meaning of any constitutional or statutory limitation, or a charge
against the general credit or taxing power of the County.
By Action of the
Bayfield County Board of Supervisors
William D. Kacvinsky, Chair
A motion was made by Bussey/Bichanich to adopt Bayfield County Resolution
No. 2011-24, Relating to a Revenue Bond Financing on Behalf of Memorial Medical
Center by Bayfield County and Ashland County. Discussion took place. The motion
carried.
4. Public Comment.
Neil Schultz, Delta; Jack Beagan, Bayfield; Gennifer Reed, Bayfield; Mark Wending,
Russell, all spoke on the agenda items #22 & 23, asking the Board to table or postpone
until the people of Bayfield County have had a chance to speak to the ordinance changes.
They would like to see another public hearing held with citizen participation.
Chairman Kacvinsky asked if there was anyone else from the public who wished to
speak. There was no response.
5. Report from State Representative, Janet Bewley. Bewley thanked the
Board for allowing her time to speak at this evening’s meeting. Bewley brought the Board
up to speed with the “goings on” at the State level. They are now adjourned and won’t be
back in session until September. She reported that between now and then she can spend
as much time as she wishes in the District. She reported on what has taken place this
year starting with the “hot issues” facing Wisconsin. She touched base on other topics
such as the redistricting in some of the counties and how it will affect the assembly and
senate districts. She also spoke on unemployment issues, mining, how Act 420 regarding
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libraries; and the Income Maintenance Program. A question and answer time was shared by
the Board and Bewley. The Board thanked Bewley for coming to this evening’s meeting and
she thanked them for having her.
6. Motion Regarding Minutes of the June 21, 2011 Bayfield County Board
of Supervisors’ Meeting. A motion was made by Kittleson/Bennett to adopt the June
21, 2011 Minutes of the Bayfield County Board of Supervisors’ Meeting. The motion
carried.
7. Resolution Authorizing Issuance of a Revenue Bond by Bayfield County to
Refinance and Finance Certain Improvements to a Project Owned by Memorial Medical
Center. It was reported earlier by Attorney Mayfield that this item should actually be on
the August agenda. A motion was made by Crandall/Kittleson to table this item. The
motion carried.
8. Bayfield County Resolution No. 2011-25, HCR – Public Health
Infrastructure and Quality Improvement Grant. Terri Kramolis, Health Department
Director, was present to explain how she applied for and received this grant in the amount
of $12,000. This has been to the Health Board for approval and is here this evening for
full County Board approval. The Board dispensed with the reading of the resolution, which
reads as follows:
WHEREAS, the Bayfield County Health Department has received an HCR – Public
Health Infrastructure and Quality Improvement Grant in the amount of $12,000 for Local
Health Departments to develop the capacity to meet the standards for voluntary
accreditation through the Public Health Accreditation Board.. These requirements include
an agency strategic plan, community health assessment, the development and
implementation of a Community Health Improvement Plan, the development and use of a
performance management system including continuous quality improvement and
documenting how the agency meets the Public Health Accreditation Board standards.
Total award beginning March 10, 2011 and to be expended by September 29, 2011; and
WHEREAS, the 2011 Budget does not contain any projections to account for any
revenue or expenditures for said grant; and
WHEREAS, it is the desire of the Bayfield County Board of Health to accept and
expend said grant in 2011, now therefore be it; and
BE IT FURTHER RESOLVED, that the Bayfield County Board of Supervisors
assembled this the 26th day of July, 2011, hereby authorizes the use of Revenue Account
Number 100-20-43550-020 and Expense Account Number 100-20-54129 for the HCR –
Public Health Infrastructure and Quality Improvement Grant; and
BE IT FURTHER RESOLVED, that the Bayfield County Board of Supervisors
hereby amends the 2011 budget by $12,000 to reflect the revenues and expenditures.
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Passed by the Bayfield County Board of Health Department on June 17, 2011 and
forwarded to the Bayfield County Board of Supervisors.
By Action of the Bayfield County Board of Supervisors
William D. Kacvinsky, Chair
A motion was made by Meyers/Crandall to adopt Bayfield County Resolution No.
2011-25, HCR – Public Health Infrastructure and Quality Improvement Grant. A roll
call vote was taken as follows: Bennett-yes; Kacvinsky-yes; Rantala-absent;
Williams-yes; Bichanich-yes; Miller-yes; Crandall-yes; Rondeau-yes; Meyers-yes;
Bussey-yes; Jardine-yes; Maki-absent; Kittleson-yes: Total 13: 11 present, 2
absent. The motion carried.
9. Bayfield County Resolution No. 2011-26, Authorization to Plan for a
Regionalized Income Maintenance Service Delivery System. Elizabeth Skulan, Human
Services Department Director, was present to explain the resolution to the Board. The
Board dispensed with the reading of the resolution, which reads as follows:
WHEREAS, the Governor’s proposed 2011-13 biennial budget called for
centralization of Income Maintenance services; and
WHEREAS, Wisconsin Counties Association, Wisconsin Counties Human Service
Association, and individual Counties worked diligently to propose alternatives that would
retain local access for citizens as well as local control of local funding; and
WHEREAS, the Joint Committee on Finance adopted the county-proposed
alternative, thereby directing formulation of multi-county consortia with a deadline of
October 1, 2011; and
WHEREAS, funding and operational criteria have not yet been finalized or
communicated by the Department of Health Services; and
WHEREAS, the eleven counties and two tribes of the northwest region of the
state, who planned together for the redesign of long term care have expressed an interest
in planning together to design a regional model for the administration of Income
Maintenance; and
WHEREAS, no county is committed to enter into a regional consortia for the
administration of Income Maintenance services until the county passes an enabling
resolution to do so.
NOW, THEREFORE, BE IT RESOLVED, that the Bayfield County Board of
Supervisors, assembled this 26th day of July, 2011, hereby authorizes the Bayfield County
Department of Human Services staff and agents to participate in the Planning to Plan
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Phase with the good faith intention to develop a regional system for the administration of
Income Maintenance Services; and
BE IT FURTHER RESOLVED, that a copy of this resolution will be sent to the
County Clerks of Ashland, Barron, Bayfield, Burnett, Douglas, Iron, Polk, Price, Rusk,
Sawyer, and Washburn counties.
By Action of the Bayfield County Board of Supervisors
William D. Kacvinsky, Chair
A motion was made by Crandall/Williams to adopt Bayfield County Resolution
No. 2011-26, Authorization to Plan for a Regionalized Income Maintenance Service
Delivery System. Discussion took place, the motion carried.
10. Report of the Bayfield County Planning & Zoning Committee Regarding
Amendment to Bayfield County Ordinance Section 13-1-67, Town of Namakagon
Overlay District. 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 petition to
amend the Bayfield County 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 duly been informed of the facts
pertinent to the following changes; hereby recommends the following action on said
petition:
Sec. 13-1-67 Town of Namakagon Overlay District
a) General Provision. The Town of Namakagon Overlay District shall apply to
and include all lands within the Town of Namakagon.
b) Intent of the Town of Namakagon Overlay District. The intent of this
overlay district is to promote the public health, safety, convenience, and
general welfare: to encourage planned and orderly land use developments: to
protect property values and the property tax base: to encourage uses of
land, water, and other natural resources which are consistent with the Town
of Namakagon Comprehensive Land Use Plan: to maintain water clarity in
lakes, rivers, streams: to protect the beauty and amenities of landscape and
man-made developments: and to provide healthy surroundings for recreation,
tourism, and family life.
c) Part of the purpose and intent of the Town of Namakagon Overlay shall
be achieved by restricting all new off-premise signs except as listed as
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exempt in the Bayfield County Sign Ordinance. Permanent off-premise signs
in the Town of Namakagon shall also be subject to the following
requirements:
(1) All existing off-premise signs may be maintained but must be brought
into compliance with the County ordinance pertaining to size and
setback by July 1, 2016.
(2) If the owner of the off-premise sign sells the business; the sign is
considered property of the business.
(3) Existing off-premise signs may not be rented to any other business.
(4) All other County ordinances regarding signs will be enforced.
Except as specifically modified and amended by this Ordinance, the Bayfield County Code
of Ordinances shall remain in force and effect exactly as originally adopted and previously
amended. All ordinances or part of ordinances inconsistent with or in contravention of the
provisions of this ordinance are hereby repealed.
SEVERABILITY. If a court of competent jurisdiction adjudges any section, clause,
provision, or portion of this ordinance unconstitutional or invalid, the remainder of this
ordinance shall not be affected thereby.
EFFECTIVE DATE. This ordinance shall take effect and be in full force from and after
its passage.
BAYFIELD COUNTY PLANNING & ZONING COMMITTEE
Patricia Rantala, Shawn Miller, Brett Rondeau
A motion was made by Jardine/Rondeau to receive and place on file the Report
of the Bayfield County Planning & Zoning Committee Regarding Amendment to Bayfield
County Ordinance Section 13-1-67, Town of Namakagon Overlay District. The
motion carried.
11. Bayfield County Zoning Amendatory Ordinance No.2011-09 Regarding
Amendment to Bayfield County Ordinance Section 13-1-67, Town of Namakagon
Overlay District. 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:
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A petition by James Krueger, Supervisor for the Town of Namakagon, is requesting a
text amendment to the Bayfield County Zoning Ordinance, in the form of adding
Section 13-1-67 for permissible uses only located in the town therefore creating an
Overlay District. Section 13-1-67 specific to the town to allow more restrictive
permitting standards and requirements than those currently utilized under the
Bayfield County Zoning Ordinance.
Sec. 13-1-67 Town of Namakagon Overlay District
a) General Provision. The Town of Namakagon Overlay District shall apply to
and include all lands within the Town of Namakagon.
b) Intent of the Town of Namakagon Overlay District. The intent of this
overlay district is to promote the public health, safety, convenience, and
general welfare: to encourage planned and orderly land use developments: to
protect property values and the property tax base: to encourage uses of
land, water, and other natural resources which are consistent with the Town
of Namakagon Comprehensive Land Use Plan: to maintain water clarity in
lakes, rivers, streams: to protect the beauty and amenities of landscape and
man-made developments: and to provide healthy surroundings for recreation,
tourism, and family life.
c) Part of the purpose and intent of the Town of Namakagon Overlay shall
be achieved by restricting all new off-premise signs except as listed as
exempt in the Bayfield County Sign Ordinance. Permanent off-premise signs
in the Town of Namakagon shall also be subject to the following
requirements:
(1) All existing off-premise signs may be maintained but must be brought
into compliance with the County ordinance pertaining to size and
setback by July 1, 2016.
(2) If the owner of the off-premise sign sells the business; the sign is
considered property of the business.
(3) Existing off-premise signs may not be rented to any other business.
(4) All other County ordinances regarding signs will be enforced.
Except as specifically modified and amended by this Ordinance, the Bayfield County Code
of Ordinances shall remain in force and effect exactly as originally adopted and previously
amended. All ordinances or part of ordinances inconsistent with or in contravention of the
provisions of this ordinance are hereby repealed.
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SEVERABILITY. If a court of competent jurisdiction adjudges any section, clause,
provision, or portion of this ordinance unconstitutional or invalid, the remainder of this
ordinance shall not be affected thereby.
EFFECTIVE DATE. This ordinance shall take effect and be in full force from and after
its passage.
Adopted this 26th day of July, 2011.
By Action of the Bayfield County Board of Supervisors,
William D. Kacvinsky, Chair
A motion was made by Rondeau/Crandall to adopt Bayfield County Zoning
Amendatory Ordinance No. 2011-09, Regarding Amendment to Bayfield County
Ordinance Section 13-1-67, Town of Namakagon Overlay District. Discussion took
place regarding regulations the town and the County have. The Board suspended the rules
to allow James Krueger, place with James Krueger, Supervisor for the Town of
Namakagon, to speak to the Board. He explained that the main purpose for this
amendment is to have more restrictive rules when it comes to billboards in their town.
Further discussion took place. The motion carried.
Chairman Kacvinsky again asked the Board for their approval to change the agenda
order. He would like items #22 and #23 (Report and Amendatory Zoning Ordinance
Regarding Lake Superior Shoreland Lot Development) to be moved up. A motion was made
by Bussey/Bichanich to amend the agenda to move up items #22 and #23 (Report and
Amendatory Zoning Ordinance Regarding Lake Superior Shoreland Lot Development).
The motion carried.
12. Report of the Bayfield County Planning & Zoning Committee Regarding
Amending Sections 13-1-20, 22, 32 and 13-1-102 and Creating Section 13-1-34,
Code of Ordinances, Bayfield County, Wisconsin, Lake Superior Shoreland Lot
Development in the Zoning Code. The Board dispensed with the reading of the Report.
A very lengthy discussion took place regarding the public input this evening.
A motion was made by Rondeau/Miller to table the Report of the Bayfield
County Planning & Zoning Committee Regarding Amending Sections 13-1-20, 22, 32
and 13-1-102 and Creating Section 13-1-34, Code of Ordinances, Bayfield County,
Wisconsin, Lake Superior Shoreland Lot Development in the Zoning Code. Discussion
took place that this report should just go back to the Zoning Committee for further
deliberating. Discussed withdrawing motion. The Board voted the motion was denied.
Further discussion took place. A motion was made by Bussey/Meyers to refer the
Report of the Bayfield County Planning & Zoning Committee Regarding Amending
Sections 13-1-20, 22, 32 and 13-1-102 and Creating Section 13-1-34, Code of
Ordinances, Bayfield County, Wisconsin, Lake Superior Shoreland Lot Development in
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the Zoning Code back to the Zoning Committee for further consideration and public
input. The motion carried.
13. Bayfield County Zoning Amendatory Ordinance No. 2011-11, Regarding
Amending Sections 13-1-20, 22, 32 and 13-1-102 and Creating Section 13-1-34,
Code of Ordinances, Bayfield County, Wisconsin, Lake Superior Shoreland Lot
Development in the Zoning Code. The Board dispensed with the reading of the
Ordinance. A motion was made by Bussey/Meyers to refer the Amendatory
Ordinance Regarding Amending Sections 13-1-20, 22, 32 and 13-1-102 and
Creating Section 13-1-34, Code of Ordinances, Bayfield County, Wisconsin, Lake
Superior Shoreland Lot Development in the Zoning Code back to the Zoning
Committee for further consideration and public input. The motion carried.
The Board recessed for 10 minutes at 7:25 p.m. and reconvened at 7:35 p.m.
A motion was made by Rondeau/Crandall to move into Executive Session
pursuant to §19.85(1)(c) considering employment, promotion, compensation or
performance evaluation data of any public employee over which the governmental body
has jurisdiction or exercises responsibility; (g) conferring with legal counsel for the
governmental body who is rendering oral or written advice concerning strategy to be
adopted by the body with respect to litigation in which it is or is likely to become
involved. A roll call vote was taken as follows: Kacvinsky-yes; Rantala-absent;
Williams-yes; Bichanich-yes; Miller-yes; Crandall-yes; Rondeau-yes; Meyers-yes;
Bussey-yes; Jardine-yes; Maki-absent; Kittleson-yes; Bennett-yes: Total 13: 11
present, 2 absent. The motion carried.
A motion was made by Crandall/Meyers to move out of Executive Session and
into open session. The motion carried.
14. Tourism Committee Recommendation Regarding Railroad Right-of-Way
Lawsuit. A motion was made by Bussey/Bichanich to authorize the County Board
Chair, County Clerk and the County’s attorney to establish a settlement of the
railroad right-of-way litigation on the terms set forth as follows:
1) The County agrees not to pursue a petition for Writ of Certiorari at the
U.S. Supreme Court;
2) The Plaintiff’s agree that their claim for costs will be satisfied without
any payment by the County;
3) The Plaintiff’s release all claims (if any) against the County, its officials
or employees, arising from issues relating to the former Chicago
Northwestern Railroad right-of-way; and
4) The Plaintiff’s agree they waive all claims (if any) against the County for
attorney’s fees arising from the pending litigation.
The motion carried.
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A motion was made by Bussey/Crandall to adopt the resolution as drafted by
Attorney Nordeng, which reads as follows:
WHEREAS, tourism is a main factor in Bayfield County’s economy; and
WHEREAS, maintaining a viable and user-friendly system of public recreational
trails is key to the County’s attracting tourists and to providing good recreational
opportunities to its local residents; and
WHEREAS, the County desires to make clear its policy to work cooperatively with
private landowners in the establishment of public recreational trails.
NOW, THEREFORE, BE IT RESOLVED, that it is the policy of the Bayfield
County Board to establish and maintain its system of public recreational trails by mutual
cooperation with private landowners; and
BE IT FURTHER RESOLVED, that it is the policy of the Bayfield County Board not
to use its power of eminent domain to establish public recreational trails, except as a last
resort in extreme circumstances. The Bayfield County Board has no intention at this time
of exercising this authority.
The motion carried.
15. Action Regarding Howling Wolf Lawsuit. A motion was made by
Jardine/Rondeau to disallow the claim of Howling Wolf Condominium Association. The
motion carried.
16. Action Regarding Appointment of County Veteran’s Service Officer. A
motion was made by Williams/Rondeau to approve the appointment of Nancy Brede,
Bayfield County Veteran’s Service Officer. The motion carried.
17. Discussion and Possible Action on Study and Negotiations Concerning
Taxation of lands held by Members of Chippewa Tribe. Abeles-Allison explained that
earlier this year the Wisconsin Counties Association sent a letter to local governments
for purposes of attempting to negotiate a resolution to the long standing issues
surrounding taxation of lands held in fee simple by the Chippewa Tribe or tribal members.
Five (5) counties received this letter; Ashland, Bayfield, Iron, Sawyer and Vilas, were
approached by the Chippewa Tribes to enter into negotiations regarding taxable status.
The counties have expressed an interest in participating in this collaborative effort and it
is now time for us to formalize the relationship. WCA is asking that each of the five (5)
counties listed contribute $2,500 to be used to retain Attorney Andrew Phillips and his
firm, Phillips Borowski. WCA has agreed to match the $2,500 commitment. This fee will
be utilized to pay for representation throughout the negotiation process. Abeles-Allison
stated that he believes this is important and that we should enter into this agreement. It
is his intent that the dollars for this expenditure be taken from the County Board
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contractual line item. Discussion took place and a motion was made by
Rondeau/Bichanich to expend $2,500 from the County Board contractual services line
item for their commitment towards the negotiation process regarding the taxation of
lands held in fee simple by the Chippewa Tribe or tribal members. A roll call vote
was taken as follows: Rantala-absent; Williams-yes; Bichanich-yes; Miller-yes;
Crandall-yes; Rondeau-yes; Meyers-yes; Bussey-yes; Jardine-yes; Maki-absent;
Kittleson-yes; Bennett-yes; Kacvinsky-yes: Total 13: 11 present, 2 absent. The
motion carried.
18. Discussion and Possible Action Regarding City of Washburn Request for
Quit Claim Deed for Property along the Railroad Grade. Abeles-Allison explained that
the City of Washburn has requested a Quit Claim Deed of the County’s interest in the
railroad grade on a parcel of land located within the City. The City proposes to sell the
parcel to a local business, but proposes to retain a 20’ trail corridor through the property.
They are asking the County to sign the agreement. Discussion took place. A motion was
made by Bichanich/Bussey to approve the request by the City of Washburn for a
Quit Claim Deed to property along the railroad grade. The motion carried.
19. Report of the Bayfield County Planning & Zoning Committee Regarding
Amending Sections 13-1-61 and 13-1-60, Code of Ordinances, Bayfield County,
Wisconsin and Zoning Districts in the Zoning Code. 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 petition to
amend the Bayfield County 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 duly been informed of the facts
pertinent to the following changes; hereby recommends the following action on said
petition:
An Ordinance Amending Sections 13-1-61 and 13-1-60, Code of Ordinances,
Bayfield County, Wisconsin and Regarding Zoning Districts in the Zoning Code
WHEREAS, Wisconsin Statutes §59.69(4) authorizes the Bayfield County Board of
Supervisors to establish districts and adopt regulations for said districts, including
determining, establishing, regulating and restricting the location of buildings and
structures that are designed for specific uses and the location of schools; and
WHEREAS, Wisconsin Statutes §59.69(5)(e) authorizes the County Board to amend
an ordinance; and
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WHEREAS, Section 13-1-103 Code of Ordinances, Bayfield County, Wisconsin
authorizes the County Board to make amendments to Title 13, Chapter 1 of the Code of
Ordinances, Bayfield County, Wisconsin pursuant to Wisconsin Statutes §59.69; and
WHEREAS, it is deemed in the best interest of the County of Bayfield to amend
Section 13-1-61 Code of Ordinances, Bayfield County, Wisconsin to create a municipal
zoning district to accommodate uses that are principally of an institutional, educational, or
governmental nature and that serve a public need and to amend Section 13-1-60 include
dimensional requirements for this new zoning district; and
WHEREAS, it is deemed in the best interest of the County of Bayfield that the
Code of Ordinances, Bayfield County, Wisconsin be further modified and amended in the
manner hereinafter set forth;
NOW, THEREFORE, the Bayfield County Board of Supervisors does hereby ordain
as follows:
Section 1. Subsection (km) of Section 13-1-61 [Zoning Districts.] of Article D [Zoning
Districts] of Chapter 1 [Zoning Code] of Title 13 [Zoning] of the Code of Ordinances,
Bayfield County, Wisconsin is hereby created to read as follows:
Sec. 13-1-61 Zoning Districts.
(km) M Municipal and Institutional. This district is designed to encompass lands for
libraries, ballparks, housing authorities, buildings housing municipal units of
government, schools, or other uses that are principally of an institutional,
educational, or governmental nature and that serve a public need.
Section 2. Subsection (a) of Section 13-1-60 [Zoning District Dimensional Requirements.]
of Article D [Zoning Districts] of Chapter 1 [Zoning Code] of Title 13 [Zoning] of the Code
of Ordinances, Bayfield County, Wisconsin is hereby amended to read as follows, with
additions highlighted by the double underline feature (additions) and deletions highlighted
by the strike out feature (deletions):
Sec. 13-1-60 Zoning District Dimensional Requirements.
(a) Subject to subsections (b) through (h), Zoning District Dimensional Requirements
for lots shall be as follows (provided that for lots with lake frontage or adjoining or
including river or streams, any more restrictive applicable requirements in Sec. 13-
1-32 shall apply instead):
Minimum
Average
Width for
Minimum Side
& Rear Yards
Zoning
District
Minimum
Area
Non-Shoreland
Lots Only
Principal Building Accessory
Building
R-RB, R-1 30,000 sq. ft. 150’ 10’ 10’
70
F-1, R-2, A-1 4 ½ acres 300’ 75’ 30’
R-3 2 acres 200’ 20’ 20’
F-2, A-2 35 acres 1,200’ 75’ 30’
I, C* 20,000 sq. ft. 100’ 5’ 5’
M 20,000 sq. ft. 100’ 10’ 10’
R-4
(a) Sewer/water 10,000 sq. ft. 75’ 10’ 10’
(b) Sewer only 15,000 sq. ft. 75’ 10’ 10’
(c) Water only 20,000 sq. ft. 100’ 10’ 10’
For Setback Requirements see Section 13-1-22.
Lots must have legal access from public roads and comply with Article C, Section
14-1-40 Survey and Recording Requirements.
Section 3. Except as specifically modified and amended by this ordinance, the Bayfield
County Code of Ordinance shall remain in force and effect exactly as originally adopted
and previously amended. All ordinances or parts of ordinances inconsistent with or in
contravention of the provisions of this ordinance are hereby repealed.
Section 4. SEVERABILITY. If a court of competent jurisdiction adjudges any section,
clause, provision, or portion of this ordinance unconstitutional or invalid, the remainder of
this ordinance shall not be affected thereby.
Section 5. EFFECTIVE DATE. This ordinance shall take effect and be in full force from
and after its passage.
A motion was made by Jardine/Kittleson to receive and place on file the Report
of the Bayfield County Planning & Zoning Committee Regarding Amending Sections
13-1-61 and 13-1-60, Code of Ordinances, Bayfield County, Wisconsin and Zoning
Districts in the Zoning Code. The motion carried.
20. Bayfield County Zoning Amendatory Ordinance No. 2011-10, Regarding
Amending Sections 13-1-61 and 13-1-60, Code of Ordinances, Bayfield County,
Wisconsin and Zoning Districts in the Zoning Code. The Board dispensed with the
reading of the Report, 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:
An Ordinance Amending Sections 13-1-61 and 13-1-60, Code of Ordinances,
Bayfield County, Wisconsin and Regarding Zoning Districts in the Zoning Code
71
WHEREAS, Wisconsin Statutes §59.69(4) authorizes the Bayfield County Board of
Supervisors to establish districts and adopt regulations for said districts, including
determining, establishing, regulating and restricting the location of buildings and
structures that are designed for specific uses and the location of schools; and
WHEREAS, Wisconsin Statutes §59.69(5)(e) authorizes the County Board to amend
an ordinance; and
WHEREAS, Section 13-1-103 Code of Ordinances, Bayfield County, Wisconsin
authorizes the County Board to make amendments to Title 13, Chapter 1 of the Code of
Ordinances, Bayfield County, Wisconsin pursuant to Wisconsin Statutes §59.69; and
WHEREAS, it is deemed in the best interest of the County of Bayfield to amend
Section 13-1-61 Code of Ordinances, Bayfield County, Wisconsin to create a municipal
zoning district to accommodate uses that are principally of an institutional, educational, or
governmental nature and that serve a public need and to amend Section 13-1-60 include
dimensional requirements for this new zoning district; and
WHEREAS, it is deemed in the best interest of the County of Bayfield that the
Code of Ordinances, Bayfield County, Wisconsin be further modified and amended in the
manner hereinafter set forth;
NOW, THEREFORE, the Bayfield County Board of Supervisors does hereby ordain
as follows:
Section 1. Subsection (km) of Section 13-1-61 [Zoning Districts.] of Article D [Zoning
Districts] of Chapter 1 [Zoning Code] of Title 13 [Zoning] of the Code of Ordinances,
Bayfield County, Wisconsin is hereby created to read as follows:
Sec. 13-1-61 Zoning Districts.
(km) M Municipal and Institutional. This district is designed to encompass lands for
libraries, ballparks, housing authorities, buildings housing municipal units of
government, schools, or other uses that are principally of an institutional,
educational, or governmental nature and that serve a public need.
Section 2. Subsection (a) of Section 13-1-60 [Zoning District Dimensional Requirements.]
of Article D [Zoning Districts] of Chapter 1 [Zoning Code] of Title 13 [Zoning] of the Code
of Ordinances, Bayfield County, Wisconsin is hereby amended to read as follows, with
additions highlighted by the double underline feature (additions) and deletions highlighted
by the strike out feature (deletions):
Sec. 13-1-60 Zoning District Dimensional Requirements.
(b) Subject to subsections (b) through (h), Zoning District Dimensional Requirements
for lots shall be as follows (provided that for lots with lake frontage or adjoining or
72
including river or streams, any more restrictive applicable requirements in Sec. 13-
1-32 shall apply instead):
Minimum
Average
Width for
Minimum Side
& Rear Yards
Zoning
District
Minimum
Area
Non-Shoreland
Lots Only
Principal Building Accessory
Building
R-RB, R-1 30,000 sq. ft. 150’ 10’ 10’
F-1, R-2, A-1 4 ½ acres 300’ 75’ 30’
R-3 2 acres 200’ 20’ 20’
F-2, A-2 35 acres 1,200’ 75’ 30’
I, C* 20,000 sq. ft. 100’ 5’ 5’
M 20,000 sq. ft. 100’ 10’ 10’
R-4
(a) Sewer/water 10,000 sq. ft. 75’ 10’ 10’
(b) Sewer only 15,000 sq. ft. 75’ 10’ 10’
(c) Water only 20,000 sq. ft. 100’ 10’ 10’
For Setback Requirements see Section 13-1-22.
Lots must have legal access from public roads and comply with Article C, Section
14-1-40 Survey and Recording Requirements.
Section 3. Except as specifically modified and amended by this ordinance, the Bayfield
County Code of Ordinance shall remain in force and effect exactly as originally adopted
and previously amended. All ordinances or parts of ordinances inconsistent with or in
contravention of the provisions of this ordinance are hereby repealed.
Section 4. SEVERABILITY. If a court of competent jurisdiction adjudges any section,
clause, provision, or portion of this ordinance unconstitutional or invalid, the remainder of
this ordinance shall not be affected thereby.
Section 5. EFFECTIVE DATE. This ordinance shall take effect and be in full force from
and after its passage.
A motion was made by Rondeau/Crandall to adopt Bayfield County Zoning
Amendatory Ordinance No. 2011-10 Regarding Amending Sections 13-1-61 and 13-
1-60, Code of Ordinances, Bayfield County, Wisconsin and Zoning Districts in the
Zoning Code. Discussion. The motion carried.
21. Report of the Bayfield County Planning & Zoning Committee Regarding
Amending Sections 13-1-21, 15-1-6, and 15-1-14, Code of Ordinances, Bayfield
County, Wisconsin and Regarding County Sanitary Permit Fees in the Zoning Code and
the Regulation of Privies, Portable Restrooms, and Camping Unit Transfer Containers
73
by the Sanitary and Private Sewage Code. 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 petition to
amend the Bayfield County 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 duly been informed of the facts pertinent
to the following changes; hereby recommends the following action on said petition:
WHEREAS, Wisconsin Statutes § 59.70(1) authorizes the Bayfield County Board of
Supervisors to enact a sanitary code and to make necessary rules and regulations in
relation thereto; and
WHEREAS, it is deemed in the best interest of the County of Bayfield to amend
Sections 15-1-6 and 15-1-14 to include regulations and definitions regarding portable
restrooms and camping unit transfer containers; and
WHEREAS, Section 15-1-11 Code of Ordinances, Bayfield County, Wisconsin
provides that permit fees shall be set and amended by the Bayfield County Zoning
Committee; and
WHEREAS, it is deemed in the best interest of the County of Bayfield that the
fees for a County Sanitary Permit be set forth in the fee schedule contained in Section
13-1-21 Code of Ordinances, Bayfield County, Wisconsin; and
WHEREAS, it is deemed in the best interest of the County of Bayfield that the
Code of Ordinances, Bayfield County, Wisconsin be further modified and amended in the
manner hereinafter set forth;
NOW, THEREFORE, the Bayfield County Board of Supervisors does hereby ordain
as follows:
Section 1. Section 15-1-14 [Privies and Portable Restrooms.] of Article C [Permits and
Applications] of Chapter 1 [Sanitary and Private Sewage Code] of Title 15 [Sanitary and
Private Sewage Code] of the Code of Ordinances, Bayfield County, Wisconsin is hereby
amended to read as follows, with additions highlighted by the double underline feature
(additions) and deletions highlighted by the strike out feature (deletions):
Sec. 15-1-14 Privies and Portable Restrooms, and Camping Unit Transfer
Containers.
(a) Privies and portable restrooms shall be constructed and maintained in a clean
condition so that insects and rodents cannot enter the vault.
74
(b) Privies *, and portable restrooms, and camping unit transfer containers shall be
located at a minimum horizontal distance of:
- 15 feet from a dwelling(s) (where applicable)
- 5 feet from lot lines, except that where jurisdiction of the Bayfield County
Zoning Ordinance is in effect, the setback shall be according to that of an
accessory building as expressed in Section 13-1-60 of that Ordinance
- 50 feet from the water supply wells
- 75 ** feet from a stream, lake or other water course
- 20 feet from the edge of a 20% slope
* Composting composting and incinerating toilets located within the
dwelling served are not required to meet these setbacks.
** Setback setback shall be 100 feet from Class 3 lakes, rivers, and
navigable streams. Class I, II, or III Trout Streams as indicated in
the Department of Natural Resources publication “Wisconsin Trout
Streams.”
(c) Applicants wishing to construct a privy shall submit an affidavit stating that their
building will be served by a privy. Indoor plumbing; including water closets, sinks,
bathtubs or showers, facilities, or any other fixture or receptacle receiving
domestic waste; shall not be installed until a sanitary permit for a private sewage
system is issued.
(d) Privies shall be kept clean and sanitary.
(e) Portable Restrooms
(1) A County Sanitary Permit pursuant to Section 15-1-11 and fee will be required to
place portable restrooms.
(2) Portable restrooms may not be used for habitable buildings unless they have a
200 gallon capacity holding tank.
(3) Portable restrooms may be used at construction sites but must be removed upon
completion of construction. A County Sanitary Permit is not required for
portable restrooms located at construction sites.
(4) Portable restrooms located on property intended to be used by the public in
locations to which the public has access (i.e. boat landings, parks, campgrounds,
beaches, resorts, golf courses, road waysides, scenic overlooks, etc.) may be
placed on said property for an unlimited period with no affidavit required.
75
(5) Portable restrooms may be used as a means of sanitation for a Recreational
Vehicle (RV) used as a temporary dwelling where no pressurized water is
available to the RV. For any such portable restroom, a servicing contract
indicating that the service provider will report maintenance activities to the
Bayfield County Planning and Zoning Department shall be submitted with an
application for each County Sanitary Permit.
(6) Portable restrooms should meet all required setbacks. The Bayfield County
Planning and Zoning Department will make the final setback location
determinations based upon the site limitations.
(7) Portable restrooms must be pumped or inspected annually and such pumping or
inspection is to be reported to the Bayfield County Planning and Zoning
Department within 30 calendar days of the pumping or inspection.
(f) Camping Unit Transfer Containers (CUTCs)
(1) A County Sanitary Permit pursuant to Section 15-1-11 and fee will be required to
place CUTCs.
(2) Except in an approved campground or camping resort, CUTCs may be used as a
means for sanitation for a Recreational Vehicle (RV) used as a temporary
dwelling where no pressurized water is available to the RV. For any such CUTC,
a servicing contract indicating that the service provider will report maintenance
activities to the Bayfield County Planning and Zoning Department shall be
submitted with an application for each County Sanitary Permit.
(3) CUTCs must be state approved, installed pursuant to product specifications, and
shall have a minimum 200 gallon capacity. Only one (1) CUTC shall be allowed
with each RV and the CUTC shall only serve one (1) RV.
(4) CUTCs must be installed under the RV and meet all required setbacks as
described in Section 15-1-14 (b) CUTCs shall be placed no more than twelve (12)
inches horizontally from the RV body and shall be recessed no more than four
(4) inches into the finished grade. Adequate anchoring to prevent floatation
and adequate protection to prevent physical damage to the CUTC is required.
The Bayfield County Planning and Zoning Department will make the final setback
location determinations based upon the site limitations.
Section 2. Subsection (i) [Nonplumbing Sanitation System.] of Section 15-1-6
[Definitions.] of Article A [Introduction] of Chapter 1 [Sanitary and Private Sewage Code]
of Title 15 [Sanitary and Private Sewage Code] of the Code of Ordinances, Bayfield
County, Wisconsin is hereby amended to read as follows, with additions highlighted by the
76
double underline feature (additions) and deletions highlighted by the strike out feature
(deletions):
Sec. 15-1-6 Definitions.
The following terms shall have the meanings indicated:
(i) Nonplumbing Sanitation System. Sanitation systems and devices within the scope
of Comm 91, Wis. Adm. Code, which are alternatives to water carried waste
plumbing fixtures and drain systems; including, but not limited to, incinerating
toilets, composting toilets, and privies, and camping unit transfer containers.
Section 3. Subsections (bm) [Camping Unit Transfer Container.] and (jm) [Portable
Restroom.] of Section 15-1-6 [Definitions.] of Article A [Introduction] of Chapter 1
[Sanitary and Private Sewage Code] of Title 15 [Sanitary and Private Sewage Code] of the
Code of Ordinances, Bayfield County, Wisconsin are hereby created to read as follows:
Sec. 15-1-6 Definitions.
The following terms shall have the meanings indicated:
(bm) Camping Unit Transfer Container. A type of stationary holding tank used to
collect and hold wastewater discharges generated by an individual camping trailer
or recreational vehicle that is not served by water under pressure except in an
approved campground or camping resort.
(jm) Portable Restroom. Self-contained portable unit that includes fixtures,
incorporating holding tank facilities, designed to receive human wastes.
Section 4. Subdivision s. [County Sanitary Permit] of Paragraph (1) [Fee Schedule.] of
Subsection (e) [Fees.] of Section 13-1-21 [General Land Use Requirements.] of Article B
[General Provisions] of Chapter 1 [Zoning Code] of Title 13 [Zoning] of the Code of
Ordinances, Bayfield County, Wisconsin is hereby amended to read as follows, with
additions highlighted by the double underline feature (additions) and deletions highlighted
by the strike out feature (deletions):
Sec. 13-1-21 General Land Use Requirements.
(e) Fees.
(1) Fee Schedule. Unless otherwise noted, all fees are referenced to estimated
Fair Market Value (FMV) of the structure or land use and shall be interpreted
to mean the best reasonable estimate of the market value of the structure or
land use (including labor and material costs) when construction is completed or
the use becomes fully operational. Market value shall not be affected by virtue
77
of any reduced or donated actual costs for labor or materials. Municipalities are
subject to all applicable fees. When a permit has been denied any portion of a
fee (other than an application fee) paid over Fifty Dollars ($50.00) shall be
returned. Required fees are as follows:
s. Privy Permit (not including required soil verification) $ 150.00
s. County Sanitary Permit* (not including required soil verification for a pit
privy)
1 …………………………………………… $150.00
2-5 ………………………………………… $300.00
6-9 ………………………………………… $450.00
10+ ………………………………………… $600.00
Portable Restroom ………………………… $ 50.00
(*Cost applies to the initial or first phase of development.
Subsequent phases must start over with fee schedule.)
Section 5. Except as specifically modified and amended by this ordinance, the Bayfield
County Code of Ordinance shall remain in force and effect exactly as originally adopted
and previously amended. All ordinances or parts of ordinances inconsistent with or in
contravention of the provisions of this ordinance are hereby repealed.
Section 6. SEVERABILITY. If a court of competent jurisdiction adjudges any section,
clause, provision, or portion of this ordinance unconstitutional or invalid, the remainder of
this ordinance shall not be affected thereby.
Section 7. EFFECTIVE DATE. This ordinance shall take effect and be in full force from
and after its passage.
Date: July 21, 2011
BAYFIELD COUNTY PLANNING AND ZONING COMMITTEE
Kenneth Jardine, Harold Maki, Patricia Rantala, Shawn Miller, Brett Rondeau
A motion was made by Miller/Rondeau to receive and place on file the Report
of the Bayfield County Planning & Zoning Committee Regarding Amending Section 13-
1-21, 15-1-6, and 15-1-14, Code of Ordinances, Bayfield County, Wisconsin and
Regarding County Sanitary Permit Fees in the Zoning Code and the Regulation of
Privies, Portable Restrooms, and Camping Unit Transfer Containers by the Sanitary
and Private Sewage Code. The motion carried.
78
22. Bayfield County Zoning Amendatory Ordinance No. 2011-11, Regarding
Amending Sections 13-1-21, 15-1-6, and 15-1-14, Code of Ordinances, Bayfield
County, Wisconsin and Regarding County Sanitary Permit Fees in the Zoning Code and
the Regulation of Privies, Portable Restrooms, and Camping Unit Transfer Containers
by the Sanitary and Private Sewage Code. 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:
WHEREAS, Wisconsin Statutes § 59.70(1) authorizes the Bayfield County Board of
Supervisors to enact a sanitary code and to make necessary rules and regulations in
relation thereto; and
WHEREAS, it is deemed in the best interest of the County of Bayfield to amend
Sections 15-1-6 and 15-1-14 to include regulations and definitions regarding portable
restrooms and camping unit transfer containers; and
WHEREAS, Section 15-1-11 Code of Ordinances, Bayfield County, Wisconsin
provides that permit fees shall be set and amended by the Bayfield County Zoning
Committee; and
WHEREAS, it is deemed in the best interest of the County of Bayfield that the
fees for a County Sanitary Permit be set forth in the fee schedule contained in Section
13-1-21 Code of Ordinances, Bayfield County, Wisconsin; and
WHEREAS, it is deemed in the best interest of the County of Bayfield that the
Code of Ordinances, Bayfield County, Wisconsin be further modified and amended in the
manner hereinafter set forth;
NOW, THEREFORE, the Bayfield County Board of Supervisors does hereby ordain
as follows:
Section 1. Section 15-1-14 [Privies and Portable Restrooms.] of Article C [Permits and
Applications] of Chapter 1 [Sanitary and Private Sewage Code] of Title 15 [Sanitary and
Private Sewage Code] of the Code of Ordinances, Bayfield County, Wisconsin is hereby
amended to read as follows, with additions highlighted by the double underline feature
(additions) and deletions highlighted by the strike out feature (deletions):
Sec. 15-1-14 Privies and Portable Restrooms, and Camping Unit Transfer
Containers.
79
(a) Privies and portable restrooms shall be constructed and maintained in a clean
condition so that insects and rodents cannot enter the vault.
(b) Privies *, and portable restrooms, and camping unit transfer containers shall be
located at a minimum horizontal distance of:
- 15 feet from a dwelling(s) (where applicable)
- 5 feet from lot lines, except that where jurisdiction of the Bayfield County
Zoning Ordinance is in effect, the setback shall be according to that of an
accessory building as expressed in Section 13-1-60 of that Ordinance
- 50 feet from the water supply wells
- 75 ** feet from a stream, lake or other water course
- 20 feet from the edge of a 20% slope
* Composting composting and incinerating toilets located within the
dwelling served are not required to meet these setbacks.
** Setback setback shall be 100 feet from Class 3 lakes, rivers, and
navigable streams. Class I, II, or III Trout Streams as indicated in
the Department of Natural Resources publication “Wisconsin Trout
Streams.”
(c) Applicants wishing to construct a privy shall submit an affidavit stating that their
building will be served by a privy. Indoor plumbing; including water closets, sinks,
bathtubs or showers, facilities, or any other fixture or receptacle receiving
domestic waste; shall not be installed until a sanitary permit for a private sewage
system is issued.
(d) Privies shall be kept clean and sanitary.
(e) Portable Restrooms
(1) A County Sanitary Permit pursuant to Section 15-1-11 and fee will be required to
place portable restrooms.
(2) Portable restrooms may not be used for habitable buildings unless they have a
200 gallon capacity holding tank.
(3) Portable restrooms may be used at construction sites but must be removed upon
completion of construction. A County Sanitary Permit is not required for
portable restrooms located at construction sites.
(4) Portable restrooms located on property intended to be used by the public in
locations to which the public has access (i.e. boat landings, parks, campgrounds,
beaches, resorts, golf courses, road waysides, scenic overlooks, etc.) may be
placed on said property for an unlimited period with no affidavit required.
80
(5) Portable restrooms may be used as a means of sanitation for a Recreational
Vehicle (RV) used as a temporary dwelling where no pressurized water is
available to the RV. For any such portable restroom, a servicing contract
indicating that the service provider will report maintenance activities to the
Bayfield County Planning and Zoning Department shall be submitted with an
application for each County Sanitary Permit.
(6) Portable restrooms should meet all required setbacks. The Bayfield County
Planning and Zoning Department will make the final setback location
determinations based upon the site limitations.
(7) Portable restrooms must be pumped or inspected annually and such pumping or
inspection is to be reported to the Bayfield County Planning and Zoning
Department within 30 calendar days of the pumping or inspection.
(f) Camping Unit Transfer Containers (CUTCs)
(1) A County Sanitary Permit pursuant to Section 15-1-11 and fee will be required to
place CUTCs.
(2) Except in an approved campground or camping resort, CUTCs may be used as a
means for sanitation for a Recreational Vehicle (RV) used as a temporary
dwelling where no pressurized water is available to the RV. For any such CUTC,
a servicing contract indicating that the service provider will report maintenance
activities to the Bayfield County Planning and Zoning Department shall be
submitted with an application for each County Sanitary Permit.
(3) CUTCs must be state approved, installed pursuant to product specifications, and
shall have a minimum 200 gallon capacity. Only one (1) CUTC shall be allowed
with each RV and the CUTC shall only serve one (1) RV.
(4) CUTCs must be installed under the RV and meet all required setbacks as
described in Section 15-1-14 (b) CUTCs shall be placed no more than twelve (12)
inches horizontally from the RV body and shall be recessed no more than four
(4) inches into the finished grade. Adequate anchoring to prevent floatation
and adequate protection to prevent physical damage to the CUTC is required.
The Bayfield County Planning and Zoning Department will make the final setback
location determinations based upon the site limitations.
Section 2. Subsection (i) [Nonplumbing Sanitation System.] of Section 15-1-6
[Definitions.] of Article A [Introduction] of Chapter 1 [Sanitary and Private Sewage Code]
of Title 15 [Sanitary and Private Sewage Code] of the Code of Ordinances, Bayfield
County, Wisconsin is hereby amended to read as follows, with additions highlighted by the
81
double underline feature (additions) and deletions highlighted by the strike out feature
(deletions):
Sec. 15-1-6 Definitions.
The following terms shall have the meanings indicated:
(i) Nonplumbing Sanitation System. Sanitation systems and devices within the scope
of Comm 91, Wis. Adm. Code, which are alternatives to water carried waste
plumbing fixtures and drain systems; including, but not limited to, incinerating
toilets, composting toilets, and privies, and camping unit transfer containers.
Section 3. Subsections (bm) [Camping Unit Transfer Container.] and (jm) [Portable
Restroom.] of Section 15-1-6 [Definitions.] of Article A [Introduction] of Chapter 1
[Sanitary and Private Sewage Code] of Title 15 [Sanitary and Private Sewage Code] of the
Code of Ordinances, Bayfield County, Wisconsin are hereby created to read as follows:
Sec. 15-1-6 Definitions.
The following terms shall have the meanings indicated:
(bm) Camping Unit Transfer Container. A type of stationary holding tank used to
collect and hold wastewater discharges generated by an individual camping trailer
or recreational vehicle that is not served by water under pressure except in an
approved campground or camping resort.
(jm) Portable Restroom. Self-contained portable unit that includes fixtures,
incorporating holding tank facilities, designed to receive human wastes.
Section 4. Subdivision s. [County Sanitary Permit] of Paragraph (1) [Fee Schedule.] of
Subsection (e) [Fees.] of Section 13-1-21 [General Land Use Requirements.] of Article B
[General Provisions] of Chapter 1 [Zoning Code] of Title 13 [Zoning] of the Code of
Ordinances, Bayfield County, Wisconsin is hereby amended to read as follows, with
additions highlighted by the double underline feature (additions) and deletions highlighted
by the strike out feature (deletions):
Sec. 13-1-21 General Land Use Requirements.
(e) Fees.
(1) Fee Schedule. Unless otherwise noted, all fees are referenced to estimated
Fair Market Value (FMV) of the structure or land use and shall be interpreted
to mean the best reasonable estimate of the market value of the structure or
land use (including labor and material costs) when construction is completed or
the use becomes fully operational. Market value shall not be affected by virtue
82
of any reduced or donated actual costs for labor or materials. Municipalities are
subject to all applicable fees. When a permit has been denied any portion of a
fee (other than an application fee) paid over Fifty Dollars ($50.00) shall be
returned. Required fees are as follows:
s. Privy Permit (not including required soil verification) $ 150.00
s. County Sanitary Permit* (not including required soil verification for a pit
privy)
1 …………………………………………… $150.00
2-5 ………………………………………… $300.00
6-9 ………………………………………… $450.00
10+ ………………………………………… $600.00
Portable Restroom ………………………… $ 50.00
(*Cost applies to the initial or first phase of development.
Subsequent phases must start over with fee schedule.)
Section 5. Except as specifically modified and amended by this ordinance, the Bayfield
County Code of Ordinance shall remain in force and effect exactly as originally adopted
and previously amended. All ordinances or parts of ordinances inconsistent with or in
contravention of the provisions of this ordinance are hereby repealed.
Section 6. SEVERABILITY. If a court of competent jurisdiction adjudges any section,
clause, provision, or portion of this ordinance unconstitutional or invalid, the remainder of
this ordinance shall not be affected thereby.
Section 7. EFFECTIVE DATE. This ordinance shall take effect and be in full force from
and after its passage.
Adopted this 26th day of July, 2011
By Action of the Bayfield County Board of Supervisors
William D. Kacvinsky, Chair
A motion was made by Rondeau/Jardine to adopt Bayfield County Zoning
Amendatory Ordinance No. 2011-11, Regarding Amending Sections 13-1-21, 15-1-
6, and 15-1-14, Code of Ordinances, Bayfield County, Wisconsin and Regarding
County Sanitary Permit Fees in the Zoning Code and the Regulation of Privies,
Portable Restrooms, and Camping Unit Transfer Containers by the Sanitary and
Private Sewage Code. The motion carried.
83
24. Administrator’s Report:
a) Budget Update: Budgets are due from departments and committees
on August 19th Abeles-Allison updated Board on new construction
figures and are looking at a levy of approximately .62% with a
possible increase of 1.2%.
b) Transition Committee Report. A 2nd Transition Committee meeting
will be held on Thursday, July 28th . The Committee is presently
working on the grievance procedure which is due in September.
c) Jail Captain, Larry Weber, will be retiring from Bayfield County on
August 5th. There will be a party and small program for him on that
Friday.
d) Bayfield County Fair Update. Fair is scheduled for August 25-28th.
If Board members come to the fair, tell them at the entrance that
you are a Board member.
e) Brownstone Project Update. Work is progressing, excavated old
stairway and poured new foundation. The company has almost
completed all of the tuck pointing in front of the building. A change
order was done with the Executive Committee’s approval.
f) Reminder, next meeting date is August 30th.
There being no further business, Chairman Kacvinsky adjourned the meeting at 7:25 p.m.
Respectfully submitted,
Scott S. Fibert,
Bayfield County Clerk