HomeMy WebLinkAboutCounty Board of Supervisors - Minutes - 1/31/2012
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Minutes of the
Bayfield County Board of Supervisors’ Meeting
Of January 31, 2012 – 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: Maki-present; Kittleson-present; Bennett-present;
Kacvinsky-present; Rantala-present; Williams-present; Bichanich-present; Miller-
present; Crandall-present; Rondeau-present; Meyers-present; Bussey-present;
Jardine-present: Total 13: 13 present, 0 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; Karl Kastrosky, Zoning Director; Kay
Cederberg, Clerk of Circuit Court; and community residents.
The Pledge of Allegiance was recited by all in attendance.
Chairman informed the Board members that he would like to rearrange the agenda,
moving Items 12 and 13 to the end of the agenda, as we have people here who would like to
speak on an item and they would not have to wait. The Board was in agreement to do this.
1. Motion Regarding Minutes of December 13, 2011 Bayfield County Board
of Supervisors’ Meeting. The Board dispensed with the reading of the minutes. A motion
was made by Williams/Bennett to adopt the minutes of the December 13, 2011,
Bayfield County Board of Supervisors’ Meeting. The motion carried.
2. Public Comment.
Roger Dreher, Drummond, WI. Dreher wanted to address items #22 and #23 on
the agenda regarding the Town of Lincoln Overlay District. He stated he was surprised it
was denied without any discussion. He was also surprised that it was denied as it is
basically the same as was approved for the Town of Barnes. He stated that these are
legal and effective ways for towns to implement zoning where the County does not. He is
concerned over the action that was taken. He would like to know what the issues were,
both positive and negative, so that they may correct whatever was done wrong, to
hopefully have the Zoning Committee rethink their decision.
Roland Wolff, Town of Lincoln. He asked the Board that since the Town of Lincoln
Overlay District was denied, he would like to ask why so that they can seek modifications
to hopefully have it approved in the near future. He would like something in writing.
Chairman asked if there was any further input from the public and being none,
closed public comment.
3. Northern Waters Library Board Appointment. Abeles-Allison explained
that Bill Bruen is one of the current citizen members whose term is expiring. He is asking
that the Board reappoint Mr. Bruen to the Northern Waters Library Board. A motion was
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made by Rondeau/Williams to reappoint Bill Bruen to the Northern Waters Library
Board. The motion carried.
4. Bayfield County Resolution No. 2012-01, Authorizing Participation in
Outdoor Motorized Recreational Trail Aids, Stewardship Local Assistance Grant
Programs and Federal Recreation Trails Act. Abeles-Allison explained the purpose of
the Resolution to the Board. The Board dispensed with the reading of the Resolution,
which reads as follows:
WHEREAS, Bayfield County is interested in maintaining, acquiring, and insuring
developing lands for public outdoor purposes as described in the application: and
WHEREAS, financial aid is required to carry out the project; and
WHEREAS, Bayfield County has budgeted a sum sufficient to complete the project
or acquisition.
NOW, THEREFORE, BE IT RESOLVED, that the Bayfield County Board of
Supervisors, assembled this 31st day of January, 2012, 2012, hereby authorizes Mary D.
Motiff, Bayfield County Tourism & Recreation Director to:
Submit an application to the State of Wisconsin Department of Natural
Resources for any financial aid that may be available; file reimbursement
claims along with necessary supporting documentation within 6 months of
project completion date; sign documents; and take necessary action to
undertake, direct and complete the approved project.
By Action of the
Bayfield County Board of Supervisors
William D. Kacvinsky, Chair
A motion was made by Rondeau/Kittleson to adopt Bayfield County Resolution
No. 2012-01, Authorizing Participation in Outdoor Motorized Recreational Trail Aids,
Stewardship Local Assistance Grant Programs and Federal Recreation Trails Act. The
motion carried.
5. Approval of Bayfield County Forest Annual Work Plan. Abeles-Allison
explained that the 2012 Work Plan provides direction and meaning to the Forestry & Parks
Department budget and emphasizes current needs of the County Forest. He touched base
on a few items presently being worked on in the Forestry Department. The Board
dispensed with the reading of the Annual Work Plan, which reads as follows:
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BAYFIELD COUNTY FOREST ANNUAL WORK PLAN
January 1, through December 31, 2012
The Bayfield County Forest Work Plan for the 2012 calendar year gives direction and
meaning to the Forestry and Parks budget, further defines and supplements the
Comprehensive Fifteen Year Land Use Plan, and emphasizes current needs of the County
Forest. This plan complies with Chapter NR47 Wisconsin Administrative Rules for the
administration of the County Forest Administrator Grant Program.
SUSTAINABLE TIMBER HARVEST
The primary mission of the Bayfield County Forestry and Parks Department is to manage,
conserve, and protect the natural resources of the County Forest. Multiple use and
sustainable forest management practices will be utilized to provide a wide variety of
forest products and amenities for current and future generations.
Timber harvests are important for the economic well-being of Bayfield County, as well as
for the health and vigor of the forest. One of the objectives of timber management is to
produce a perpetual sustained yield of forest products. In part, this is realized through
the analysis and scheduling of forest stands and, ultimately, the development of
sustainable annual harvest goals. Professional implementation of proper forest
management and harvesting techniques is essential. Existing reconnaissance data, along
with thorough field inspections conducted by department and DNR foresters, will be used
to determine which stands are ready for treatment. In addition, the long term monitoring
of stands that have received treatment is crucial in determining the success of past
management practices, as well as the development and implementation of future
prescriptions.
The sustainable allowable harvest goal for the Bayfield County Forest in the calendar year
2012 is 5,328 acres. This represents a 220 acre increase (roughly 4.5%) over the harvest
goal for 2011 and a 1,043 acre increase (roughly 24%) over the goal set for 2010. Table 1
displays the sustainable harvest goal (acres) per primary timber type for 2012. The goal
for 2011 is also included for comparison:
Table 1: 2012 Sustainable Harvest Goal (acres)
Timber Type 2011 2012
Aspen 1,189 1,235
Northern Hardwood 914 1,185
Red Oak 808 763
Paper Birch 200 100
Scrub Oak 85 140
Red Pine 978 991
Jack Pine 516 504
White Pine 50 100
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Swamp Conifer 142 130
Swamp Hardwood 126 120
Fir/Spruce 100 60
Total 5,108 5,328
One of the goals in managing the forest is to strive for a regulated, even flow of
treatments, equally distributed over the landscape. However, sustainable harvest goals
typically fluctuate slightly from year to year. Most fluctuations are explained by the
irregular distribution of age classes over the entire forest and, subsequently, when they
are ready for management. Among other things, fluctuations are also a result of a change
in management direction for individual timber types, responses to natural disturbances or
other unforeseen natural events, a relatively poor response in growth from previous
management, or modifications in response to accomplishments from the previous year(s).
On the Bayfield County Forest, the primary annual differences in sustainable harvest goals
are a result of a variety of factors, some of which include: improved reconnaissance
information, a significant increase in the number of stands reaching management age
(particularly in the aspen and red pine types), the inclusion of harvest goals for the swamp
hardwood and swamp conifer timber types, adjustments in the management approaches of
the aspen, red oak and northern hardwood timber types, and modifications as a result of
accomplishments from 2009 through 2011.
Figure 1 displays the sustainable harvest goals over the past seven years. Since 2006, the
sustainable harvest goal has increased approximately 70%; from 3,134 acres in 2006 to
5,328 acres in 2012. Note: in 2011, one full time forester position was added to the
staff, in part, to assist in the management of the increase in the sustainable harvest
acres, thus better maximizing the full potential of the forest.
Figure 1:
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FOREST INVENTORY
Correct, up-to-date stand information is imperative in the development of accurate short
and long term sustainable harvest goals. There is a direct correlation between the quality
and accuracy of the reconnaissance data and the ability for forest managers to
confidently develop precise short and long term sustainable harvest goals. The accuracy
of any sustainable harvest goal is only as good as the data from which it was derived.
Therefore, it is important to update a certain level of stand information on an annual basis.
In 2012, approximately 10,000 acres of County Forest will be re-inventoried. Most will be
in the form of entire compartment updates, but priority stands will also be identified.
Prior to 2010, the direction was to re-inventory approximately 10% of the forest each
year, or roughly 17,000 acres. The new direction will to establish a 15 year re-inventory
cycle. Since 2001, 141 of 202 compartments, totaling over 113,000 acres have been
updated. The goal is to re-inventory the remaining 61 compartments over the next 5 to 6
years. Once completed, it will put the department on pace to achieve the 15 year re-
inventory goal. At which time, a 15 year, modified re-inventory cycle will be put in place.
In the meantime, inventory priorities will be placed on forest compartments that contain a
larger percentage of old data (≥20 years old), as well as compartments that contain a
larger percentage of stands prescribed for management in the near future.
Individual timber types or stands of certain priority types may take precedence over the
inventory of an entire compartment. In timber types such as red oak, where a significant
portion of the type occurs within the 80 to 90 year age class, it will become increasingly
important to determine which stands are in greater need of management. Obtaining good
reconnaissance information and the development of a priority management system on all
mature red oak will be a priority in 2012.
REFORESTATION
Reforestation, be it natural or artificial, is a core building block of forest sustainability
and a fundamental component of any forest management program. A successful
reforestation program provides numerous benefits, some of which include: the restoration
of forest productivity, fertility and environmental function; the assurance of a perpetual,
sustainable supply of forest resources and amenities for future generations; the
protection of soil and water quality; and the establishment and development of quality
wildlife habitat. Table 2 displays the reforestation efforts that are planned for 2012:
Table 2: Bayfield County Forest 2012 Reforestation
Program (acres)
Year
Planting Seeding Site Preparation Maintenance Monitoring
Red
Pine
Jack
Pine
White
Pine
Jack
Pine Trench
Fire
Plow Scarify Spray
Rx
Fire Spray
Survival
Counts
2012 279 107 274 0 0 120 69 728 113 100 3,000
5 yr
avg. 368 226 34 0 588 79 28 385 36 269 2,111
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Spring Planting: Tree species planted during the 2012 season will be as follows:
approximately 215,000 Red Pine, 107,000 Jack Pine, and 274,000 White Pine on 660 acres.
All seedlings are containerized stock and will be hand planted by contract planters.
Site Preparation and Release: Site preparation will take a slightly different direction in
2012 when compared to the 5 year average. In 2012, a majority of the emphasis will be on
aerial spraying and fire plowing, with 0 acres scheduled for disc trenching. The primary
reasons for the changes are as follows: In 2011, disc trenching was increased by almost
100%, in part, to incorporate the economy of scale (the larger the contract, the cheaper
the cost per acre); also, the department is starting to move towards the seeding of Jack
Pine, instead of planting. Essentially, there are three primary steps to seeding jack pine:
site preparation, spraying and the aerial distribution of seed. All three of these steps are
typically contracted.
Approximately 120 acres will be fire-plowed for eventual planting to Red Pine and 69 acres
will be Bracke scarified for planting to Jack Pine. Approximately 560 acres will be aerial
sprayed for eventual aerial Jack Pine seeding (most will occur in the Barnes Barrens
Management Area). Approximately 168 acres will be aerial sprayed for future planting to
Red Pine, while approximately 100 acres will be aerial sprayed for red pine release.
Natural Regeneration: Thousands of acres of natural regeneration will occur on a variety
of forest types. The exact amount is solely dependent on the total number of acres
harvested in previous years. Forest types such as northern hardwoods and aspen
regenerate naturally via seed, stump sprouting and/or coppicing (vegetative sprouting from
existing root system) and require very little additional input from the department.
However, the natural regeneration of hardwood forest types such as red oak and paper
birch do require additional departmental maintenance efforts. Examples of additional
inputs include: pre or post sale site scarification to prepare a favorable seed bed and
reduce competition, pre or post sale burning to reduce competition from undesirable tree
seedlings and prepare favorable seedbeds, and deer browse protection i.e. fencing,
repellents, etc. to improve the tree seedlings chance of survival. These additional inputs
occur when opportunities arise and are treated on a case by case basis.
Seedling Counts: All planting sites and many areas that were regenerated naturally
require survival counts. Data collected from the counts are used to determine stocking
levels of desired tree species and, ultimately, to evaluate the success rate of the
reforestation attempt. Seedling counts are administered at one, two, three and five years
after the regeneration attempt on most planted sites. Seedling counts on naturally
regenerating hardwood stands are administered beginning at years two or three and may
include an additional count at year seven. In 2012, seedling counts will be administered on
roughly 3,000 acres of planted and naturally regenerated sites.
Prescribed Fire: Prescribed fires will be used to maintain portions of the Pine Barrens in
the Township of Barnes. Approximately 240 acres will be treated, half in the spring and
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half in the fall. Prescribed fires will also be used to facilitate oak regeneration on
approximately 113 acres. Seedling counts are administered prior to burning and will
provide important baseline information used to determine the effectiveness of the
treatment.
WILDLIFE
A number of wildlife projects will again be undertaken in 2012. The majority of wildlife
habitat improvement work conducted on County Forest land will be accomplished utilizing
funding from Wisconsin DNR grant programs, specifically, the County Conservation Aids
and Nickel-an-Acre programs. The Nickel-an-Acre program reflects a change from the
previous Dime-an-Acre funding. As indicated in the name, the program funding was cut in
half starting in 2010 and will continue to be funded at a nickel an acre into the foreseeable
future. The County Conservation Aid grant requires a 50% County match on eligible
projects.
The Conservation Aids project for 2012 have yet to be determined. There is
approximately $4,218 available for eligible projects. Additional monies may also be
available, as determined by the total amount of unallocated funds.
The Nickel-an-Acre grant totals $8,467. This grant has been used to fund a variety of
County Forest wildlife projects in the past. Potential projects for 2012 could include, but
are not limited to:
Hunter walking trail repair, clearing, and mowing.
Site prep and seeding for jack pine in the Barnes Barrens Management Area.
Herbicide for wildlife opening maintenance.
Wildlife habitat development/improvement.
Mechanical site prep for white birch regeneration.
Prescribed burning of wildlife openings and oak regeneration areas.
Fish habitat projects.
Habitat projects on old homesteads.
Wildlife monitoring.
Breeding bird surveys.
Land acquisition.
Invasive species eradication.
Deer exclosures for red oak regeneration (fencing).
ACCESS MANAGEMENT
The Access Management Plan will continue to be implemented in accordance with the
Bayfield County Forest Comprehensive Land Use Plan. Criteria for classification of roads
will be clarified and then applied when designating existing and planned transportation
networks. The access management plans for the Cable and South Barnes blocks are
complete. Access management for the remainder of the County Forest will begin in 2012,
for eventual incorporation into the plan.
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The Forestry Department will continue to maintain 36.09 miles of Primary Forest roads,
for which we receive DOT County Forest Road Aids. The Department will also continue
identify, plan and/or develop additional forest roads and trails, as the need arises, for
later entry into the County Forest Road program.
BAYFIELD COUNTY FOREST PLAN
The existing County Forest Comprehensive Land Use Plan for the period 2006 – 2020 will
be amended to reflect changes and/or updates. Some items that may require updating in
2012 include, but are not limited to:
Access management.
Integrated Resource Management Unit (IRMU) summaries.
IRMU boundaries.
Barnes Barrens Management Plan summary.
Timber sale contract language.
Firewood permit language.
Timber sale rutting policy.
Forest certification (addition of FSC).
Camping permit.
OTHER ACTIVITIES
Recreation:
The department will continue to work with the County Tourism and Recreation Department
and interested user groups regarding recreational activities occurring on the County
Forest. The demand for recreational use on County Forest land continues to increase. In
2011, the Committee approved numerous re-routes of snowmobile and ATV trails, the
construction of a new mountain bike trail network and improvements to existing cross
country ski trails. Requests for new, or improvements to existing, motorized and non-
motorized trail systems are expected to increase in 2012 and beyond. Requests for
additional trails will be treated on a case by case basis, as per the Access Management
Plan.
Trail counters and a voluntary donation tube were placed on the Jerry J. Jolly/Pike’s Creek
trail. The counters were strategically placed in an attempt to acquire information on how
often the trail is being used. The data received from these counters will provide the
County with valuable information needed to determine future direction. Counters will also
be used to monitor other recreational locations in 2012.
The lost creek falls trail will need some minor attention. The trail needs to be better
defined and signed, including some brush work and the removal of a few hazard trees, and
possibly re-routed in areas to avoid sensitive soils.
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Insects and Disease:
The reforestation of areas killed by the Two-lined Chestnut Borer and Jack Pine Budworm
were completed in 2011. The Department is continuing to monitor the effects of forest
insects such as the Jack Pine Budworm, Two-Lined Chestnut borer, Emerald Ash borer, and
Gypsy Moth. If any additional sites containing a significant amount of damage are
discovered, they will be promptly managed. Also, as new threats are encountered, the
Department may need to alter management plans accordingly.
The most notable “new” potential future threat regarding the overall health of the forest
is the discovery of the Gypsy Moth. Gypsy Moth numbers have been observed in very high
numbers in the Bayfield Peninsula. The greatest numbers have been found along higher
elevations located in the general vicinity of Jammer Hill and Echo Valley Roads. Red Oak
and Aspen are their preferred primary food sources and are the most susceptible to
potential mortality, especially the suppressed and over mature individuals. The high egg
mass numbers indicate that a severe defoliation event is expected to occur in 2012, and,
potentially, into the next few years (unless Mother Nature intervenes). As a result, all
Red Oak management may be suspended in this area (IRMU 8), until the defoliation event
has been reduced to a manageable level (most likely a 3 year furlough). In response to
reducing oak management in IRMU 8, the sustainable goal in all other units may be
adjusted accordingly.
The Department is currently working with the DNR to determine the best course of action
regarding general forest management practices in the face of a threatening Gypsy Moth
defoliation event, in particular, the management of the red oak type.
Land Acquisition:
The department will continue efforts to acquire private properties on a willing seller,
willing buyer basis when advantageous to the long term goals of Bayfield County.
Submitted by Jason Bodine, Bayfield County Forest Administrator, December 14, 2011.
By Action of the
Bayfield County Board of Supervisors
William D. Kacvinsky, Chair
A motion was made by Miller/Bichanich to approve the Bayfield County Forest
Annual Work Plan, January 1st through December 13, 2012. The motion carried.
6. Courthouse Restoration Grant and State Historical Society of Wisconsin
Historic Preservation Covenant. Abeles-Allison explained that Bayfield County was
awarded a Department of Interior Save America’s Treasurers Grant in the amount of
$150,000.00. This was put towards the brownstone restoration project which was
completed this fall. The funding required a submittal of a covenant for the State
Historical Society of Wisconsin. (A copy of the covenant was given to the Board for their
review). The Executive Committee reviewed the covenant on January 12th and
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recommended approval by the full Board. The covenant requires coordination with the
State Historical Society for any future modifications to the original courthouse structure.
The Board dispensed with the reading of the Covenant, which reads as follows:
Bayfield County, Wisconsin (hereafter, OWNER), in consideration of the sum of One
Dollar ($1) plus other valuable consideration, covenants specifically to the State Historical
Society of Wisconsin (hereafter, SOCIETY), an agency of the State of Wisconsin, and any
successor to said state agency and to the public generally that the real estate described
herein and any improvements thereon (hereafter, PROPERTY), will be subject to certain
covenants, as hereafter described, which will be real covenants binding on the heirs,
successors, assignees, of the OWNER, and on any subsequent purchasers, and will be
considered as running with the land in perpetuity. The PROPERTY is located in the City of
Washburn, County of Bayfield, Wisconsin. The PROPERTY is listed in the National and
State Registers of Historical Places as Bayfield County Courthouse and is more fully
described as:
Original Bayfield County Courthouse, 1894
And further described as being located on the following parcel:
N½ of Lots Six (6) & Seven (7), Block 64, Original
Townsite of Washburn and Block 5, Vaughn’s Addition
to Washburn described as follows: Commencing at the
NW corner of Lot Seven (7), Block 64, thence NWo 70’,
then NE 48o100’, then SE 44o70’ to the NE corner of
Lot Six (6), Block 64, thence SW to the NW corner of
Lot Seven (7), block 64 and the place of beginning.
Unless otherwise indicated, all authorizations or written actions of the SOCIETY
stipulated herein must be executed in writing by the Director of the SOCIETY or by the
State Historic Preservation Officer designated under Wisconsin Statutes, and all
notifications to the SOCIETY must be to the Director of the SOCIETEY or to the State
Historic Preservation Officer.
The OWNER agrees to protect, preserve, and maintain all historic features of the
PROPERTY, except those listed below, which are excepted as specific exclusions from
these covenants:
Minor interior remodeling improvements that will not
alter the exterior façade of this facility.
The OWNER hereby covenants to the SOCIETY the following:
1) The OWNER agrees to assume the cost of continued maintenance and repair of the
PROPERTY in accordance with the recommended approaches in the Secretary of
Interior’s standards for rehabilitation and associated guidelines, or substantially
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similar standards of the SOCIETY, so as to preserve the architectural and
historical integrity of the features, materials, appearance, and workmanship, and
environment in order to protect and enhance those qualities that made the property
eligible for listing in the National Register and/or State Register.
2) The OWNER agrees that any alterations that may affect the architectural or
historical integrity of the PROPERTY must have the prior written approval of the
SOCIETY. The OWNER shall neither construct, demolish, alter, nor remodel any
portion of the PROPERTY, including any structures, buildings, or objects thereon
that are not named herein as specific exclusions. The OWNER shall not construct
any new building or structure on or move any existing building or structure to the
PROPERTY, nor erect fences or signs on the PROPERTY, nor remove furnishings
from the property, nor disturb the ground surface of the PROPERTY, without the
express written approve of the SOCIETY.
3) The OWNER agrees to notify the SOCIETY, in writing, of any proposed actions to
be undertaken by the OWNER, or any other party known to the OWNER, that may
affect the architectural or historical integrity of the PROPERTY. The OWNER
furthermore agrees that the SOCIETY will be allowed thirty (30) days to respond
with a written approval or refusal of such proposed actions, except that the
SOCIETY may extend this period up to an additional sixty (60) days upon written
notice to the OWNER. In the event of refusal, the OWNER may request a written
statement of the reasons for refusal.
4) The OWNER agrees to notify the SOCIETY, in writing, of any substantial damage
to the property by accidental, natural, or deliberate causes within thirty (30) days
of the date on which the damage was incurred. The OWNER further agrees that
no repairs or reconstruction of any type, other than public safety, shall be
undertaken by the OWNER without prior written approval of the work by the
SOCIETY, in accordance with paragraph (3) above.
5) The OWNER agrees to give access to the interior and exterior of the premises to
the SOCIETY, its personal representatives, successors, or assigns of purposes of
monitoring the OWNER’S compliance with this covenant upon reasonable verbal or
written notice. Nothing in this instrument shall require the SOCIETY to conclude
regular or irregular on-site inspection of the PROPERTY.
6) The OWNER agrees that the failure of the SOCIETY to exercise any right or
remedy granted under this instrument, or to conduct on-site inspections of the
PROPERTY, shall not have the effect of waiving or limiting the exercise of any right
or remedy or the use of such right or remedy at any other time.
7) The OWNER agrees to insert the covenants contained herein, either verbatim or by
express reference, in any deed or other legal instrument by which the OWNER
divests himself (or herself or itself) of either the fee simple title or any lesser
estate in the PROPERTY.
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8) The OWNER agrees that, in the event of a violation of this Historic Preservation
Covenant, and in addition to any remedy now or hereafter provided by law, the
SOCIETY may, following reasonable notice to the OWNER, institute suit to enjoin
said violation or to require specific performance and/or the restoration of those
portions of the PROPERTY that were effected.
9) The OWNER agrees that he (or she or it) shall indemnify and hold the SOCIETY
and its successors and assigns harmless for any liability, costs, attorney’s fees,
judgments, or expenses to the SOCIETY, or any officer, employee, agent, or
independent contractor of the SOCIETY, resulting from actions or claims of any
nature by third parties arising from defaults under this Historic Preservation
Covenant by the OWNER, or arising out of the conveyance of, possession of, or
exercise rights under this Historic Preservation Covenant, excepting any such
matters arising sole from the negligence of the SOCIETY, and that it shall be
considered negligence on the part of the SOCIETY should the SOCIETEY conduct
neither regular nor irregular on-site inspections of the PROPERTY.
10) The OWNER agrees that the SOCIETY may, at its discretion, without prior notice
to the OWNER, convey and assign all or part of the SOCIETY’S rights and
responsibilities contained herein to a third party.
11) The OWNER agrees that the SOCIETY, at its discretion, shall have the right to
install a plaque of suitable design at a point easily visible by the public, from a
public way, which plaque shall give information regarding the property determined
appropriate by the SOCIETY and that the PROPERTY is subject to a Preservation
Covenant held by the SOCIETY. The OWNER shall take reasonable measures for
the duration of the term of this Preservation Covenant to protect and maintain the
visibility of any such plaque as may be installed.
12) The OWNER agrees that he (or she or it) shall generate Baseline Documentation
for the PROPERTY to the standards established by the SOCIETY for such work.
This Preservation Covenant may be amended or released by the OWNER and the director
of the SOCIETY, in writing, and such amendment or release shall become effective upon
its recordation by the OWNER at the Register of Deeds in the County in which the
PROPERTY is located.
The covenants contained herein are enforceable by the SOCIETY by an action in the
Circuit Court of Bayfield, Wisconsin, or any other court of competent jurisdiction.
A motion was made by Meyers/Bennett to approve the Historic Preservation
Covenant. The motion carried.
7. Bayfield County Resolution No. 2012-03, Authorization for County
Administrator to Sign Contracts on Behalf of Bayfield County. Abeles-Allison explained
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that this is identical to what has been done in the past, whereby it allows himself and/or
the County Board Chair to work with other agencies. The Board dispensed with the
reading of the Resolution, which reads as follows:
WHEREAS, the County of Bayfield employs a County Administrator; and
WHEREAS, Wisconsin Statute 59.18 (2)(a), states that the County Administrator
shall coordinate and direct all administrative and management functions of the county
government not otherwise vested by law in boards or commissions, or in other elected
officers; and
WHEREAS, the Wisconsin County Mutual Insurance Corporation offers to provide
legal expense coverage for matters for which coverage is not otherwise available under
the liability policy.
NOW, THEREFORE, BE IT RESOLVED, that the Bayfield County Board of
Supervisors assembled this 31st day of January, 2012, hereby authorizes the County
Administrator to review and approve contracts which represent the best interest of
Bayfield County; and
BE IT FURTHER RESOLVED, that the Bayfield County Board of Supervisors does
hereby authorize the request for coverage under the legal expense endorsement, per the
endorsement form number WCMIC-END-3024 (10/10), from the Wisconsin County Mutual
Insurance Corporation to be requested as needed by the County Board Chair or County
Administrator.
By Action of the
Bayfield County Board of Supervisors
William D. Kacvinsky, Chair
A motion was made by Crandall/Rondeau to adopt Bayfield County Resolution
No. 2012-03, Authorization for County Administrator to Sign Contracts on Behalf of
Bayfield County. The motion carried.
8. Discussion and Possible Action Regarding Claim for Damage Caused by
Dogs in the Town of Mason. Abeles-Allison explained that an animal claim was received
Larry and Ursula Tutland based on Wisconsin Statute 174.11. The Tutlands are claiming
that a dog got into their Hereford cattle, which are fenced, in on December 17, 2011. The
dog chased the animals around subsequently one of the heifers was attacked and died.
The Tutlands contacted their own Town Clerk on December 17, 2011 regarding the matter
and the issue was then forwarded to the Town Board for their meeting on January 10,
2012. The Town dismissed the issue and approved forwarded the matter to the County
Board. The Executive Committee held their meeting prior to this evening’s County Board
meeting, and after review of the documents provided regarding the incident, are making a
recommendation to the County Board to deny the claim of the Tutlands for the following
reasons: While it can be seen that an animal forcibly entered an enclosed area of a
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domestic animal, a determination cannot be made on whether the tracks came from a dog
or a coyote. There were no witnesses to the claim, however, dogs have been running at
large in the neighborhood, which was written in several documents and documented by
conversations held. The Tutlands do have a dog of their own which is licensed. The
Tutlands are asking for $2,800 plus, which covers the cost of the animal and vet charges.
They have comparables for how the price determined for their polled heifer. The
Executive Committee met prior to this evening’s meeting and after review of the
information provided, they came to the conclusion that there wasn’t enough information
that the damage caused was in deed caused by a dog at large. Discussion took place on the
information supplied to the Board. A motion was made by Rondeau/Meyers to uphold
the Executive Committee’s decision, to deny the claim of Larry and Ursala Tutland.
The motion carried with 2 no votes.
9. Report of the Bayfield County Planning & Zoning Committee Regarding
Changes to Section 13-1-62(a) (Classification of Uses) of Article D (Zoning Districts)
of Chapter 1 (Zoning Code) of Title 13 (Zoning), Bayfield County Code of Ordinances.
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 bylaw; and having been duly informed of the facts pertinent
to the following changes; hereby recommends the following action on said petition:
AN ORDINANCE REGARDING DEFINITIONS
WHEREAS, Wisconsin Statutes §59.69 (4)(e) authorizes the County Board to designate
certain areas, uses or purposes which may be subjected to special regulations; and
WHEREAS, Wisconsin Statutes §59.69(5)(e) authorizes the County Board to amend an
ordinance; and
WHEREAS, Section 13-1-104 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 the table
listed under Section 13-1-62(a) Code of Ordinances, Bayfield County, Wisconsin to include
the permissible use of a trailhead; 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;
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NOW, THEREFORE, the Bayfield County Board of Supervisors does hereby ordain as
follows:
Section 1. The table listed under Section 13-1-62(a) [Classification of Uses] of Article D
[Zoning Districts] of Chapter 1 [Zoning Code] or Title 13 [Zoning] of the Code of
Ordinances, Bayfield County, Wisconsin is hereby amended to include the following:
PERMISSIBLE USES R-4 R-2 R-RB C I M A-1 A-2 F-1 F-2 W
R-3
R-1
Trailhead SB SB SB SB SB SB SB
Section 2. 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 3. 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 4. EFFECTIVE DATE. This ordinance shall take effect and be in full force
from and after its passage.
The Bayfield County Planning & Zoning Committee recommendation is: Be Approved.
Dated: January 19, 2012
BAYFIELD COUNTY PLANNING & ZONING COMMITTEE
Kenneth Jardine, Harold Maki(opposed), Patricia Rantala, 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 Changes to Section 13-
1-62(a) (Classification of Uses) of Article D (Zoning Districts) of Chapter 1 (Zoning
Code) of Title 13 (Zoning), Bayfield County Code of Ordinances. The motion carried.
10. Bayfield County Zoning Amendatory Ordinance No. 2012-01, Regarding
Changes to Section 13-1-62(a) (Classification of Uses) of Article D (Zoning Districts)
of Chapter 1 (Zoning Code) of Title 13 (Zoning), Bayfield County Code of Ordinances.
The Board dispensed with the reading of the Ordinance, which reads as follows:
The Bayfield County Board of Supervisors ordains as follows:
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That the Bayfield County Zoning Ordinance, adopted June 1, 1976, be and the same, is
hereby amended as follow:
AN ORDINANCE REGARDING DEFINITIONS
WHEREAS, Wisconsin Statutes §59.69 (4)(e) authorizes the County Board to designate
certain areas, uses or purposes which may be subjected to special regulations; and
WHEREAS, Wisconsin Statutes §59.69(5)(e) authorizes the County Board to amend an
ordinance; and
WHEREAS, Section 13-1-104 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 the table
listed under Section 13-1-62(a) Code of Ordinances, Bayfield County, Wisconsin to include
the permissible use of a trailhead; 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. The table listed under Section 13-1-62(a) [Classification of Uses] of Article D
[Zoning Districts] of Chapter 1 [Zoning Code] or Title 13 [Zoning] of the Code of
Ordinances, Bayfield County, Wisconsin is hereby amended to include the following:
PERMISSIBLE USES R-4 R-2 R-RB C I M A-1 A-2 F-1 F-2 W
R-3
R-1
Trailhead SB SB SB SB SB SB SB
Section 2. 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 3. 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.
177
Section 4. EFFECTIVE DATE. This ordinance shall take effect and be in full force
from and after its passage.
Adopted this 31st day of January, 2012.
By Action of the Bayfield County Board of Supervisors
William D. Kacvinsky, Chair
A motion was made by Jardine/Rantala to adopt Bayfield County Zoning
Amendatory Ordinance No. 2012-01, Regarding Changes to Section 13-1-62(a)
(Classification of Uses) of Article D (Zoning Districts) of Chapter 1 (Zoning Code) of
Title 13 (Zoning), Bayfield County Code of Ordinances. The motion carried.
11. Report of the Bayfield County Planning & Zoning Committee Regarding
Changes to Section 13-1-4(a) (Definitions) of Article A (Introduction and Definitions)
of Chapter 1 (Zoning Code) or Title 13 (Zoning), Bayfield County Code of Ordinances.
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 bylaw; and having been duly informed of the facts pertinent
to the following changes; hereby recommends the following action on said petition:
AN ORDINANCE REGARDING DEFINITIONS
WHEREAS, Wisconsin Statutes §59.69 (5) authorizes the County Board to adopt a zoning
ordinance; and
WHEREAS, Wisconsin Statutes §59.69(5)(e) authorizes the County Board to amend an
ordinance; and
WHEREAS, Section 13-1-104 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 the
definitions listed under Section 13-1-4(a) Code of Ordinances, Bayfield County, Wisconsin
to include the definition of a trailhead; 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;
178
NOW, THEREFORE, the Bayfield County Board of Supervisors does hereby ordain as
follows:
Section 1. The definitions listed under Section 13-1-4(a) [Definitions] of Article A
[Introduction and Definitions] of Chapter 1 [Zoning Code] or Title 13
[Zoning] of the Code of Ordinances, Bayfield County, Wisconsin is hereby
amended to include the following:
(67a) Trailhead. An access point to recreational trails which may include parking areas,
restrooms, warming buildings or shelters, concessions, and storage buildings. The access
point is for the purpose of recreational activities such as cross-country skiing, dog
sledding, riding of all-terrain vehicles, riding of snowmobiles, bicycling, hiking, and walking.
The Bayfield County Planning & Zoning Committee recommendation is: Be Approved.
Dated: January 19, 2012
BAYFIELD COUNTY PLANNING & ZONING COMMITTEE
Kenneth Jardine, Harold Maki(opposed), Patricia Rantala, Shawn Miller, Brett Rondeau
A motion was made by Rondeau/Kittleson to receive and place on file the
Report of the Bayfield County Planning & Zoning Committee Regarding Changes to
Section 13-1-4(a) (Definitions) of Article A (Introduction and Definitions) of Chapter
1 (Zoning Code) or Title 13 (Zoning), Bayfield County Code of Ordinances. Discussion
took place with Supervisor Bussey stating that it has been past practice not to include a
copy of the Report as the language is basically the same as in the Amendatory Ordinance,
however, the Report does show how the Zoning Committee voted. He would like to see this
put back into the Board packets and also would like to see an explanation as to how and
why the Committee voted. He also stated that receiving a letter like from Attorney
Fauerbach in this case, would be more helpful it all information would be sent out prior to
the meeting, and not given the night of. The motion carried.
12. Bayfield County Zoning Amendatory Ordinance No. 2012-02, Changes to
Section 13-1-4(a) (Definitions) of Article A (Introduction and Definitions) of Chapter
1 (Zoning Code) or Title 13 (Zoning), Bayfield County Code of Ordinances. 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 follow:
AN ORDINANCE REGARDING DEFINITIONS
WHEREAS, Wisconsin Statutes §59.69 (5) authorizes the County Board to adopt a zoning
ordinance; and
179
WHEREAS, Wisconsin Statutes §59.69(5)(e) authorizes the County Board to amend an
ordinance; and
WHEREAS, Section 13-1-104 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 the
definitions listed under Section 13-1-4(a) Code of Ordinances, Bayfield County, Wisconsin
to include the definition of a trailhead; 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. The definitions listed under Section 13-1-4(a) [Definitions] of Article A
[Introduction and Definitions] of Chapter 1 [Zoning Code] or Title 13 [Zoning] of the Code
of Ordinances, Bayfield County, Wisconsin is hereby amended to include the following:
(67a) Trailhead. An access point to recreational trails which may include parking areas,
restrooms, warming buildings or shelters, concessions, and storage buildings. The access
point is for the purpose of recreational activities such as cross-country skiing, dog
sledding, riding of all-terrain vehicles, riding of snowmobiles, bicycling, hiking, and walking
and ski-joring.
Section 2. 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 parts of ordinances inconsistent with or in
contravention of the provisions of this ordinance are hereby repealed.
Section 3. 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 4. EFFECTIVE DATE. This ordinance shall take effect and be in full force
from and after its passage.
Adopted this 31st day of January, 2012.
By Action of the Bayfield County Board of Supervisors
William D. Kacvinsky, Chair
180
A motion was made by Crandall/Bennett to adopt Bayfield County Zoning
Amendatory Ordinance No. 2012-02, Changes to Section 13-1-4(a) (Definitions) of
Article A (Introduction and Definitions) of Chapter 1 (Zoning Code) or Title 13
(Zoning), Bayfield County Code of Ordinances. Discussion took place, the motion
carried.
13. Report of the Bayfield County Planning & Zoning Committee Regarding
Changes to Subsection (h)(2) of Section 13-1-102A (Board of Adjustment Rules and
Procedure) of Article F (Administration and Enforcement) of Chapter 1 (Zoning Code)
or Title 13 (Zoning), Bayfield County Code of Ordinances. 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 bylaw; and having been duly informed of the facts pertinent
to the following changes; hereby recommends the following action on said petition:
WHEREAS, Wisconsin Statutes §59.694(1) authorizes the County Board to appoint and
grant power to a board of adjustment; and
WHEREAS, Wisconsin Statutes §59.69(5)(e) authorizes the County Board to amend an
ordinance; and
WHEREAS, Section 13-1-104 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
13-1-102A(h)(2) Code of Ordinances, Bayfield County, Wisconsin so reopening or rehearing
of board of adjustment cases may be done on a limited basis; 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 (h)(2) of Section 13-1-102A [Board of Adjustment Rules and
Procedure] of Article F [Administration and Enforcement] of Chapter 1
[Zoning Code] or Title 13 [Zoning] of the Code of Ordinances, Bayfield
County, Wisconsin is hereby amended to read as follows:
181
(2) Reopenings and Rehearings Limited. The Board, on its own motion, may not
reopen any case upon which a previous hearing has been held, except in the
following circumstances:
a. To correct a manifest error or when there is some ambiguity or
missing element in the decision that makes it impossible for the Planning and
Zoning Department to apply the decision(s). In such a situation, the Board
may reopen a case at its next scheduled meeting.
The Board, at the request of the Planning and Zoning Department, may also reopen a case
without regard to time limits if an interpretation of a prior decision is necessary, or if
interpretation, modification or enforcement of conditions of a board decision is necessary.
Nothing in this section c. should be interpreted as allowing a complete reopening of the
case, nor require or presume that the Board of Adjustment should make any substantial
change in their decision. There shall be a $100.00 filing fee assessed if the applicant is
the party seeking a partial reopening under this section c. for purposes of deleting or
substantially modifying a condition placed on a Board of Adjustment decision. There shall
be no filing fee if the request for reopening is solely at the request of the Planning and
Zoning Department. In any rehearing or reopening of a Board of Adjustment decision, the
criteria for decision shall be the same legal criteria as for the original decision.
The Bayfield County Planning & Zoning Committee recommendation is: BE APPROVED.
Dated: January 19, 2012
BAYFIELD COUNTY PLANNING & ZONING COMMITTEE
Kenneth Jardine, Patricia Rantala, Shawn Miller, Brett Rondeau
A motion was made Bussey/Rantala to receive and place on file the Report of
the Bayfield County Planning & Zoning Committee Regarding Changes to Subsection
(h)(2) of Section 13-1-102A (Board of Adjustment Rules and Procedure) of Article F
(Administration and Enforcement) of Chapter 1 (Zoning Code) or Title 13 (Zoning),
Bayfield County Code of Ordinances. Discussion took place about the letter received
from Attorney Fauerbach. The motion carried.
14. Bayfield County Zoning Amendatory Ordinance No. 2012-03 Regarding
Changes to Subsection (h)(2) of Section 13-1-102A (Board of Adjustment Rules and
Procedure) of Article F (Administration and Enforcement) of Chapter 1 (Zoning Code)
or Title 13 (Zoning), Bayfield County Code of Ordinances. 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 follow:
182
AN ORDINANCE REGARDING THE REOPENING AND REHEARING
OF BOARD OF ADJUSTMENT CASES
WHEREAS, Wisconsin Statutes §59.694(1) authorizes the County Board to appoint and
grant power to a board of adjustment; and
WHEREAS, Wisconsin Statutes §59.69(5)(e) authorizes the County Board to amend an
ordinance; and
WHEREAS, Section 13-1-104 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
13-1-102A(h)(2) Code of Ordinances, Bayfield County, Wisconsin so reopening or rehearing
of board of adjustment cases may be done on a limited basis; 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 (h)(2) of Section 13-1-102A [Board of Adjustment Rules and
Procedure] of Article F [Administration and Enforcement] of Chapter 1
[Zoning Code] or Title 13 [Zoning] of the Code of Ordinances, Bayfield
County, Wisconsin is hereby amended to read as follows:
(2) Reopenings and Rehearings Limited. The Board, on its own motion, may not
reopen any case upon which a previous hearing has been held, except in the
following circumstances:
a. To correct a manifest error or when there is some ambiguity or
missing element in the decision that makes it impossible for the
Planning and Zoning Department to apply the decision(s). In such a
situation, the Board may reopen a case at its next scheduled meeting.
b. The Board, at the request of the Planning and Zoning Department,
may also reopen a case without regard to time limits if an
interpretation of a prior decision is necessary, or if interpretation,
modification or enforcement of conditions of a board decision is
necessary. Nothing in this section c. should be interpreted as
allowing a complete reopening of the case, nor require or presume
that the Board of Adjustment should make any substantial change in
their decision. There shall be a $100.00 filing fee assessed if the
183
applicant is the party seeking a partial reopening under this section c.
for purposes of deleting or substantially modifying a condition placed
on a Board of Adjustment decision. There shall be no filing fee if the
request for reopening is solely at the request of the Planning and
Zoning Department. In any rehearing or reopening of a Board of
Adjustment decision, the criteria for decision shall be the same legal
criteria as for the original decision.
Section 2. 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 parts of ordinances inconsistent with or in
contravention of the provisions of this ordinance are hereby repealed.
Section 3. 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 4. EFFECTIVE DATE. This ordinance shall take effect and be in full force
from and after its passage.
Adopted this 31st day of January, 2012.
By Action of the Bayfield County Board of Supervisors
William D. Kacvinsky, Chair
A motion was made by Crandall/Maki to adopt Bayfield County Ordinance No.
2012-03, Regarding Changes to Subsection (h)(2) of Section 13-1-102A (Board of
Adjustment Rules and Procedure) of Article F (Administration and Enforcement) of
Chapter 1 (Zoning Code) or Title 13 (Zoning), Bayfield County Code of Ordinances.
Supervisor Bussey started discussion by stating that he had received some citizen input,
and while taking a look at the revisions, agrees with the letter Attorney Fauerbach
furnished and thinks that it is appropriate. The motion carried.
15. Report of the Bayfield County Planning & Zoning Committee Regarding
Changes to Subsection I of Section 13-1-22 (Setbacks) of Article B (General
Provisions) of Chapter 1 (Zoning Code) or Title 13 (Zoning), Bayfield County Code of
Ordinances. 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 bylaw; and having been duly informed of the facts pertinent
to the following changes; hereby recommends the following action on said petition:
184
AN ORDINANCE REGARDING
THE SETBACKS ON PROPERTIES SUBJECT TO EASEMENT
WHEREAS, Wisconsin Statutes §59.69(4)(i) authorizes the County Board to establish by
ordinance building setback lines; and
WHEREAS, Wisconsin Statutes §59.69(5)(e) authorizes the County Board to amend an
ordinance; and
WHEREAS, Section 13-1-104 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 create Section
13-1-22(l) Code of Ordinances, Bayfield County, Wisconsin so setbacks can be met for
buildings located on properties where there is a claim of adverse possession; 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 l of Section 13-1-22 [Setbacks] of Article B [General Provisions]
of Chapter 1 [Zoning Code] or Title 13 [Zoning] of the Code of Ordinances,
Bayfield County, Wisconsin is hereby created to read as follows:
Sec. 13-1-22 Setbacks.
(l) Easement Setbacks. In situations where there is a claim of adverse
possession, setback requirements may be met or complied with by obtaining
an easement from the adjacent property owner. Said easement shall
specifically describe the easement parcel with a map of survey attached.
Said easement does not eliminate any non-conforming status of the
structure and expansion requests must comply with any other requirements
of the Bayfield County Zoning Ordinance. For zoning purposes, any such
easement shall be deemed to run with the land unless otherwise specifically
stated or provided in the easement. The easement shall be reviewed and
approved by the Bayfield County Planning and Zoning Department and shall
be recorded in the Bayfield County Register of Deeds Office.
The Bayfield County Planning & Zoning Committee recommendation is: BE APPROVED.
Dated: January 19, 2012
185
BAYFIELD COUNTY PLANNING & ZONING COMMITTEE
Kenneth Jardine, Harold Maki, Patricia Rantala, Shawn Miller, Brett Rondeau
A motion was made by Rantala/Rondeau to receive and place on file the Report
of the Bayfield County Planning & Zoning Committee Regarding Changes to Subsection
I of Section 13-1-22 (Setbacks) of Article B (General Provisions) of Chapter 1
(Zoning Code) or Title 13 (Zoning), Bayfield County Code of Ordinances. The motion
carried.
16. Bayfield County Zoning Amendatory Ordinance No. 2012-04, Regarding
Changes to Subsection I of Section 13-1-22 (Setbacks) of Article B (General
Provisions) of Chapter 1 (Zoning Code) or Title 13 (Zoning), Bayfield County Code of
Ordinances. 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 follow:
AN ORDINANCE REGARDING
THE SETBACKS ON PROPERTIES SUBJECT TO EASEMENT
WHEREAS, Wisconsin Statutes §59.69(4)(i) authorizes the County Board to establish by
ordinance building setback lines; and
WHEREAS, Wisconsin Statutes §59.69(5)(e) authorizes the County Board to amend an
ordinance; and
WHEREAS, Section 13-1-104 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 create Section
13-1-22(l) Code of Ordinances, Bayfield County, Wisconsin so setbacks can be met for
buildings located on properties where there is a claim of adverse possession; 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:
186
Section 1. Subsection l of Section 13-1-22 [Setbacks] of Article B [General Provisions]
of Chapter 1 [Zoning Code] or Title 13 [Zoning] of the Code of Ordinances,
Bayfield County, Wisconsin is hereby created to read as follows:
Sec. 13-1-22 Setbacks.
(l) Easement Setbacks. In situations where there is a claim of adverse
possession, setback requirements may be met or complied with by obtaining
an easement from the adjacent property owner. Said easement shall
specifically describe the easement parcel with a map of survey attached.
Said easement does not eliminate any non-conforming status of the
structure and expansion requests must comply with any other requirements
of the Bayfield County Zoning Ordinance. For zoning purposes, any such
easement shall be deemed to run with the land unless otherwise specifically
stated or provided in the easement. The easement shall be reviewed and
approved by the Bayfield County Planning and Zoning Department and shall
be recorded in the Bayfield County Register of Deeds Office.
Section 2. 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 parts of ordinances inconsistent with or in
contravention of the provisions of this ordinance are hereby repealed.
Section 3. 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 4. EFFECTIVE DATE. This ordinance shall take effect and be in full force
from and after its passage.
Adopted this 31st day of January, 2012.
By Action of the Bayfield County Board of Supervisors
William D. Kacvinsky, Chair
A motion was made by Jardine/Rantala to adopt Bayfield County Zoning
Amendatory Ordinance No. 2012-04, Regarding Changes to Subsection I of Section
13-1-22 (Setbacks) of Article B (General Provisions) of Chapter 1 (Zoning Code) or
Title 13 (Zoning), Bayfield County Code of Ordinances. Discussion. Supervisors
Bussey/Kittleson made a motion that the heading language be changed to read “An
Ordinance Regarding the Setbacks on Properties Subject to Adverse Possession
Claims.” Bussey stated that the language in the ordinance is fine, but the heading should
read the right way. Kastrosky asked Bussey if because we are changing wording in the
ordinance, does his office need to send everything to the towns again via certified mail?
Bussey stated that since his amendment only changed the title and not the language in the
187
body of the ordinance, that notification to the towns via certified mail would not be
necessary.
The Board voted on the amendment and the motion carried. The Board voted on
the adoption of the Ordinance, and the motion carried.
17. Report of the Bayfield County Planning & Zoning Committee Regarding
Section 13-1-68, Town of Lincoln Overlay District Bayfield County Code of
Ordinances. 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 bylaw; and having been duly informed of the facts pertinent
to the following changes; hereby recommends the following action on said petition:
AMENDMENT TO BAYFIELD COUNTY ZONING ORDINANCE
SEC. 13-1-68 Town of Lincoln Overlay District
(a) Applicability. The Town of Lincoln Overlay District shall apply to and include all
lands within the Town of Lincoln.
(b) Intent of the Town of Lincoln 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 development; to protect property values and
the property tax base; to encourage uses of land, water and other natural
resources that are consistent with the Town of Lincoln Comprehensive Land Use
Plan; to maintain water clarity and quality in lakes, rivers and streams; to protect
soil and preserve wetlands; to protect groundwater and surface water; to protect
the beauties and amenities of landscape and man-made developments; and to
provide healthy surroundings for recreation, tourism and family life.
(c) Definitions. All terms used herein shall be as defined in Sec. 13-1-4.
(d) Shoreline Frontage Requirements for Multiple Unit Developments and
Conservation Subdivisions in the Town of Lincoln. Part of the purpose and intent
of the Town of Lincoln Overlay District shall be achieved by applying minimum
shoreline frontage requirements for both Multiple Unit Developments and
Conservation Subdivisions which equal to the minimum shoreline frontage
requirements for single unit dwellings as provided in Sec. 13-1-32(b)(1). All Multiple
Unit Developments and Conservation Subdivisions providing access to navigable
waters in the Town of Lincoln shall be subject to the following minimum shoreline
frontage requirements: Class 1 Lakes, 150 feet per unit, 600 feet minimum; Class
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2 Lakes, 200 feet per unit, 800 feet minimum; Class 3 Lakes, Rivers and Streams,
300 feet per unit, 1200 feet minimum. All other minimum dimensional requirements
for Multiple Unit Developments and Conservation Subdivisions which provide access
to navigable waters in the Town of Lincoln shall be as stated in, respectively, Sec.
13-1-32(e)(1) and Sec. 13-1-32(em)(1).
(e) Nonconforming Parcels. Notwithstanding Sec. 13-1-26(d), any parcel of land with
dimensions not conforming to the zoning district dimensions of this section that
was created by a county-approved certified survey map or plat prior to the
adoption of this section on the (date of adoption ) shall not be subject to the
dimensional requirements of this section. Further division of such parcels shall be
governed by this section.
(f) Preexisting Multiple Unit Developments and Conservation Subdivisions. All
Multiple Unit Developments and Conservation Subdivisions which are not defined as
described in (d) that were created prior to (date of adoption) of this section shall
not be subject to the dimensional requirements of this section. Further division of
such parcels shall be governed by this section.
(g) Expansion of Multiple Unit Developments and Conservation Subdivisions. The
dimensional requirements of this section shall apply to all contiguous parcels added
to Multiple Unit Developments and Conservation Subdivisions defined in (d) or (e)on
or after (date of adoption) and to those created after (date of adoption). An
additional unit may be constructed for each parcel or portion of parcel which meets
the per unit dimensional requirements of this section. The additional unit may be
located on the existing Multiple Unit Development or Conservation Subdivision
parcel or on the added parcel in conformance with the dimensional requirements of
this section. Structures on the added parcel which are nonconforming to the
Multiple Unit Development or Conservation Subdivision dimensional requirements
shall be removed and the vegetated shoreline buffer restored.
The Bayfield County Planning & Zoning Committee recommendation is: DENIED.
BAYFIELD COUNTY PLANNING & ZONING COMMITTEE
Kenneth Jardine, Harold Maki, Patricia Rantala, 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 Section 13-1-68, Town
of Lincoln Overlay District Bayfield County Code of Ordinances. Discussion took place
about zoning overlays. Supervisor Jardine stated that if you have a County Ordinance,
there is no need to have overlays. There are good and bad concerns with town overlays.
Supervisor Bussey informed the Board that State Statutes specifically state that reasons
for the denial must be stated, and in this case, we haven’t seen the reasons. We need
something from the Zoning Committee stating reasons for the denial. the December
Zoning Committee minutes, the reasons for such denial were not stated. A public hearing
was held, questions were asked, it was postponed for a month giving the people of the
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Town of Lincoln more time to put their information together. The Board has approved
other town overlays in the past, why not this one? It was discussed to send this back to
the Zoning committee to have them state the reasons for denial. Kastrosky spoke on the
overlay stating that the County has a good product, but a broken process. He believes
Zoning has a fix, but it is taking time to get there. He would support bringing this back to
the Zoning Committee. Supervisor Rantala stated that there had been many discussion on
this issue and she had believed this to be resolved. The motion carried with two no
votes.
18. Bayfield County Zoning Ordinance No. 2012-05, Regarding Section 13-
1-68, Town of Lincoln Overlay District Bayfield County Code of Ordinances. 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 follow:
SEC. 13-1-68 Town of Lincoln Overlay District
(a) Applicability. The Town of Lincoln Overlay District shall apply to and include all
lands within the Town of Lincoln.
(b) Intent of the Town of Lincoln 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 development; to protect property values and
the property tax base; to encourage uses of land, water and other natural
resources that are consistent with the Town of Lincoln Comprehensive Land Use
Plan; to maintain water clarity and quality in lakes, rivers and streams; to protect
soil and preserve wetlands; to protect groundwater and surface water; to protect
the beauties and amenities of landscape and man-made developments; and to
provide healthy surroundings for recreation, tourism and family life.
(c) Definitions. All terms used herein shall be as defined in Sec. 13-1-4.
(d) Shoreline Frontage Requirements for Multiple Unit Developments and
Conservation Subdivisions in the Town of Lincoln. Part of the purpose and intent
of the Town of Lincoln Overlay District shall be achieved by applying minimum
shoreline frontage requirements for both Multiple Unit Developments and
Conservation Subdivisions which equal to the minimum shoreline frontage
requirements for single unit dwellings as provided in Sec. 13-1-32(b)(1). All Multiple
Unit Developments and Conservation Subdivisions providing access to navigable
waters in the Town of Lincoln shall be subject to the following minimum shoreline
frontage requirements: Class 1 Lakes, 150 feet per unit, 600 feet minimum; Class
2 Lakes, 200 feet per unit, 800 feet minimum; Class 3 Lakes, Rivers and Streams,
300 feet per unit, 1200 feet minimum. All other minimum dimensional requirements
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for Multiple Unit Developments and Conservation Subdivisions which provide access
to navigable waters in the Town of Lincoln shall be as stated in, respectively, Sec.
13-1-32(e)(1) and Sec. 13-1-32(em)(1).
(e) Nonconforming Parcels. Notwithstanding Sec. 13-1-26(d), any parcel of land with
dimensions not conforming to the zoning district dimensions of this section that
was created by a county-approved certified survey map or plat prior to the
adoption of this section on the (date of adoption ) shall not be subject to the
dimensional requirements of this section. Further division of such parcels shall be
governed by this section.
(f) Preexisting Multiple Unit Developments and Conservation Subdivisions. All
Multiple Unit Developments and Conservation Subdivisions which are not defined as
described in (d) that were created prior to (date of adoption) of this section shall
not be subject to the dimensional requirements of this section. Further division of
such parcels shall be governed by this section.
(g) Expansion of Multiple Unit Developments and Conservation Subdivisions. The
dimensional requirements of this section shall apply to all contiguous parcels added
to Multiple Unit Developments and Conservation Subdivisions defined in (d) or (e)on
or after (date of adoption) and to those created after (date of adoption). An
additional unit may be constructed for each parcel or portion of parcel which meets
the per unit dimensional requirements of this section. The additional unit may be
located on the existing Multiple Unit Development or Conservation Subdivision
parcel or on the added parcel in conformance with the dimensional requirements of
this section. Structures on the added parcel which are nonconforming to the
Multiple Unit Development or Conservation Subdivision dimensional requirements
shall be removed and the vegetated shoreline buffer restored.
Adopted this 31st day of January, 2012.
By Action of the Bayfield County Board of Supervisors
William D. Kacvinsky, Chair
A motion was made by Rondeau/Miller to send back Bayfield County Zoning
Amendatory Ordinance No. 2012-05, Regarding Section 13-1-68, Town of Lincoln
Overlay District Bayfield County Code of Ordinances to the Zoning Committee.
Discussion took place on the timeline for which the Zoning Committee should have this
returned to the County Board and it is noted that there was not a timeline put on it. The
motion carried with 1 no vote.
A motion was made by Meyers/Kittleson to move into Executive Session
pursuant to §19.85(1)(e), deliberating or negotiating the purchasing of public
properties, the investing of public funds, or conducting other specified public
business, whenever competitive or bargaining reasons require a closed session. The
motion carried.
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Supervisor Bichanich left the meeting at this time.
There being no further business to conduct in Executive Session, a motion was
made by Crandall/Meyers to move out of closed session and reconvene in open session.
The motion carried.
19. Bayfield County Resolution No. 2012-02, Regarding Approving the Sales
Agreement with Ashland County for Bayfield County to Purchase Ashland County’s
Interest in the Agricultural Research Station. The Board dispensed with the reading of
the Resolution, which reads as follows:
WHEREAS, the State of Wisconsin transferred ownership of the Agricultural
Research Station located in Bayfield County to Ashland County and Bayfield County, jointly
on November 20, 2006; and
WHEREAS, Bayfield County and Ashland County have been operating the
Agricultural Research Station under an operating agreement, and
WHEREAS, Bayfield County has made an offer to purchase Ashland County’s
interest in the Agricultural Research Station; and
WHEREAS, the Bayfield County Executive Committee approved the sales
agreement and recommended forwarding the agreement to the Bayfield County Board of
Supervisors; and;
WHEREAS, at a meeting on December 15, 2011, the Ashland County Board of
Supervisors approved the sale of Ashland County’s interest in the Agricultural Research
Station to Bayfield County.
NOW, THEREFORE, BE IT RESOLVED, that the Bayfield County Board of
Supervisors assembled this 31st day of January, 2012; approves the purchase by Bayfield
County of Ashland County’s interest in the Agricultural Research Station for $175,000.00
with Bayfield County retaining the Agricultural Station working fund with a balance of
approximately $20,000.00; and
BE IT FURTHER RESOLVED, that the Bayfield County Board of Supervisors
approves the acquisition of said interest and authorizes the County Board Chairperson or
County Vice Chairperson and the County Clerk to sign all necessary documents to execute
this transaction; and
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BE IT FURTHER RESOLVED, that the Bayfield County 2012 budget be amended as
follows to include the use of Fund Balance to finance the aforementioned purchase:
Increase revenue account # 100-00-49301 by $175,000
Increase expense account # 100-00-59770-50998 by $175,000
Increase revenue account #770-77-49201 by $175,000
Increase expense account # 770-77-56130-50820 by $175,000
By Action of the
Bayfield County Board of Supervisors
William D. Kacvinsky, Chair
A motion was made by Bussey/Meyers to adopt Bayfield County Resolution No.
2012-02, Approving the Sales Agreement with Ashland County for Bayfield County to
Purchase Ashland County’s Interest in the Agricultural Research Station, with the
additional wording: In the Now, Therefore, Be it resolved paragraph, after the
words Research Station, add, for $175,000.00 with Bayfield County retaining the
Agricultural Station working fund with a balance of approximately $20,000.00 in the
working fund. A roll call vote was taken as follows: Kittleson-yes; Bennett-yes;
Kacvinsky-yes; Rantala-yes; Williams-yes; Bichanich-absent; Miller-yes; Crandall-
yes; Rondeau-yes; Meyers-yes; Bussey-yes; Jardine-yes; Maki-yes. Total 13: 13
present, 1 absent. The motion carried.
20. Administrator’s Report:
a) Update on Superior Days. Next week there will be regional training
with approximately 40 groups of 4 to 5 people in each who will meet
with our Senators. Out area has specified 2 topics for discussion,
those being 911 fee increase and a continued push for US Hwy 2
expansion.
b) Discussion Regarding Transition Committee Report. The Transition
Committee met on January 18th; discussed different topics and public
comment is now being allowed and we heard from 3 individuals as well
as receiving letters from others, including Supervisor Crandall. We
are trying to address the concerns raised. His comments and
concerns are being taken under advisement. The Highway
Department was concerned about switching from Teamsters
insurance to the County’s insurance.
The Personnel Policies and Procedures Manual contains many items
and needs to be updated. We plan to update the County Board on the
progress at every County Board meeting until January 1, 2013. A
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calendar will be given to everyone which will outline topics that are
going to be discussed at each meeting and when.
The Committee did, however, change the number of days that a
person can carry over time off leave from 20 days to 40.
The uniform and clothing allowance is another topic that needs to be
discussed. Other topics up for discussion would be whether
professional employees should be hourly or salaried. Discussed those
who are exempt from the fair labors standards. Job descriptions
need to be modified.
Discussed how long the Transition Committee will be in effect. It was
stated that the Committee will be in place for the entire year of
2012 until they make their final recommendation to the full County
Board in 2013, when the manual will be approved and the Transition
Committee will be dissolved and the Personnel Committee will take
over.
Discussion also took place about employees taking less pay, the County
Board Supervisors should also. It was noted that the Chair is also
paying for his one-half of the retirement just like the employees.
The Court ruled that elected officials rate has changed and that per
Statutes, the rate of pay cannot change as it has to be set prior to
elected officials taking out papers to run for office. We are waiting
to see what is going to happen. Papers will be taken out soon and will
have to be filed by April 15th , so we have to set wages by the end of
March.
Discussion took place as to when County Board Supervisors can see an
increase in their per diems.
Discussion about having other Board Supervisors being part of the
Transition Committee, so that they can hear first hand what is being
discussed and that accurate decisions can be made. The next
Transition Committee meeting is scheduled for February 15th. The
Board discussed this and a concern was that if they show up for the
meetings will they be allowed to speak.
Also discussed pto time vs. sick leave, vacation and other leave.
When all of this is said and done, will we have 3 sets of rules? What
is this going to do to our bookkeeping department? There should be
one set of rules for everyone.
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c) Election Report. There will be a primary election in February for the
City of Washburn for District 2, Wards 2 & 3. There will be a recall
election for Governor Walker, guestimating in May or June.
d) Bayfield County Visitor’s Guide. The Visitor’s Guides are out, feel
free to take one from the pamphlet rack by the Tourism office. This
year’s front cover photo was taken by one of our employees, Lynn
Frechette.
e) Paralympics Report: Supervisor Rondeau reported that if you missed
seeing the Paralympics, you missed an outstanding opportunity to see
athletes at their finest. The event was very spectator friendly and
the athletes are phenomenal. The athletes commissioned to have the
event again in 2 years at Telemark.
f) Sled Dog Races. Just an FYI that there will be sled dog races this
weekend between Bayfield and Red Cliff for anyone who would like to
partake in the event.
There being no further business to come before the Bayfield County Board of
Supervisors, Chairman Kacvinsky adjourned the meeting at 7:37 p.m.
Respectfully submitted,
Scott S. Fibert,
Bayfield County Clerk