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Minutes of the
Bayfield County Board of Supervisors’ Meeting
Of March 27, 2011 – 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:
Williams-present; Bichanich-present; Miller-present; Crandall-present; Rondeau-present; Meyers-
present; Bussey-present; Jardine-present; Maki-present; Kittleson-present; Bennett-present; Kacvinsky-
present; Rantala-absent: Total 13: 12 present, 1 absent. There was a quorum 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; Paul Susienka, Bayfield County
Sheriff; Patricia Olson, Registrar of Deeds; Jack Olson, Child Support Director; Kay Cederberg, Clerk
of Circuit Court; Mary Motiff, Tourism Director; Tim Kane, UW-Extension Educator; Barbara Wanda
Moeller, Editor for The Daily Press; and community residents.
The Pledge of Allegiance was recited by all in attendance.
1. Motion Regarding Minutes of the February 28, 2012 Bayfield County Board of
Supervisors’ Meeting. The Board dispensed with the reading of the minutes. A motion was made by
Jardine/Kittleson to adopt the minutes of the February 28, 2012 Bayfield County Board of
Supervisors’ Meeting. The motion carried.
2. Public Comment. None.
3. Bayfield County Resolution No. 2012-18, Waiver to Section 7.13 Rate Covenant for
the Fiscal Year 2011 Amended and Restated Lease Agreement Between Bayfield County, WI
(Lessor) and Northern Lights Service, Inc. (Lessee). Abeles-Allison explained to the Board that the
Executive Committee had met earlier this week on this issue. The request is for a waiver of the lease
covenant required which is the same we had approved several years ago. Northern Lights would still be
responsible for payments, however, this reduces their reserve. The waiver is temporary, allowing
Northern Lights to use these funds in lieu of borrowing funds and paying additional interest. The
Executive Committee approved the request and is forwarding it to the full Board for hopeful approval.
The Resolution reads as follows:
WHEREAS, Bayfield County issued $5,9100,000 in bond for the Northern Lights Services, Inc.
in 2007;
WHEREAS, the debt service coverage ratio in Section 7.13 of the Lease Agreement between
lessee and lessor was established at 125% for the entire life of the bonds; and
WHEREAS, the borrowed construction interest cannot be used in the ratio calculation;
WHEREAS, the bond payments are being made by lessee even at reduced revenue; and
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WHEREAS, the Bayfield County Board previously authorized a Waiver to Section 7.13 Rate
Covenant for Fiscal Year 2010 to debt service coverage of 25%;
WHEREAS, Northern Lights Services, Inc. has requested to use up to $112,000 in depreciation
reserves to keep bills current;
NOW, THEREFORE, BE IT RESOLVED, that the Bayfield County Board of Supervisors
assembled this 27th day of March, 2012, approve an amended and Restated Lease Agreement between
Bayfield County, Wisconsin (Lessor) and Northern Lights Services, Inc. (Lessee) including a waiver to the
2011 rate covenants in Northern Lights Services’ Lease Agreement as follows:
Northern Lights Health Care Center shall maintain Net Revenue in Fiscal Year 2011 which shall
equal at least 20% of the Total Principal and Interest Requirements.
BE IT FURTHER RESOLVED that Bayfield County grants approval for Northern Lights Services,
Inc. to use up to $112,000 of the depreciation reserves if the Northern Lights Board authorizes them as
needed to keep bills current. The depreciation fund shall be restored to at least $220,000 by
December, 2012, $250,000 by July 2013 and $320,000 by July 2014 and will continue to build to
$400,000 by July, 2015.
By Action of the
BAYFIELD COUNTY BOARD OF SUPERVISORS
William D. Kacvinsky, Chair
A motion was made by Miller/Jardine to adopt Bayfield County Resolution No. 2012-18,
Waiver to Section 7.13 Rate Covenant for the Fiscal Year 2011 Amended and Restated Lease
Agreement Between Bayfield County, WI (Lessor) and Northern Lights Service, Inc. (Lessee).
Discussion took place as to why the payments cannot be met now and what types of remedies are being
taken to ensure that they will be able to make them in the future. Abeles-Allison explained the changes
that are presently taking place and what they are doing to their business plans to meet the payments. A
roll call vote was taken as follows: Bichanich-yes; Miller-yes; Crandall-yes; Rondeau-yes;
Meyers-yes; Bussey-yes; Jardine-yes; Maki-yes; Kittleson-yes; Bennett-yes; Kacvinsky-yes;
Rantala-absent; Williams-yes: Total 13: 12 yes, 1 absent. The motion carried.
At this time, Chairman Kacvinsky asked permission from the Board to move agenda items #35 and
#38 next after #7 and then proceed with the rest of the agenda afterwards. The Board gave their
approval.
4. Bayfield County Resolution No. 2012-15, Commemorating the 100th Anniversary of
UW-Cooperative Extension. Tim Kane, UW-Extension Educator, was present to give a brief background
on the 100th anniversary and also passed out an observance booklet. The Board dispensed with the
reading of the Resolution, which reads as follows:
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WHEREAS, Ernest L. Luther was appointed the state’s first county extension agent in Oneida
County on February 12, 1912, and
WHEREAS, 2012 marks the 100th anniversary of this unique educational partnership between the
counties of the state and Cooperative Extension, and
WHEREAS, this partnership as pioneered in Wisconsin embodies the true meaning of the
“Wisconsin Idea” — that the resources and knowledge of the university shall be extended to the people
of the state wherever they live and work, and
WHEREAS, the 100th anniversary of Mr. Luther’s appointment commemorates the contributions
of all Cooperative Extension educators to the growth and development of the entire state, and
WHEREAS, Cooperative Extension’s purpose is to teach, learn, lead and serve, connecting the
people with the University of Wisconsin, and engaging with them in transforming lives and communities,
and
WHEREAS the vitality of today’s Cooperative Extension programs can be credited to the men and
women of vision who accepted the challenge in 1912 to create the Wisconsin county extension system.
NOW, THEREFORE, BE IT RESOLVED by the Bayfield County Board of Supervisors that the
board hereby commends the UW-Extension, its division of Cooperative Extension, and its local county
extension educators for their cooperation and support, which allows the people of Bayfield County to
apply the research and knowledge of the University of Wisconsin in their lives, homes, farms, schools
and businesses.
By Action of the
BAYFIELD COUNTY BOARD OF SUPERVISORS
William D. Kacvinsky, Chair
A motion was made by Crandall/Bichanich to adopt Bayfield County Resolution No. 2012-15,
Commemorating the 100th Anniversary of UW-Cooperative Extension. A brief discussion took place
that the Wisconsin Counties Association had a very nice article in their magazine reflecting on the 100th
Anniversary of UW-Cooperative Extension. The motion carried.
5. Bayfield County Resolution No. 2012-13, Establishing Total Annual Compensation for
County Elected Officials Pursuant to Wis. Stat. §59.22. Supervisor Kittleson declared her
abstention from discussion on this issue. Abeles-Allison explained that this was been discussed in
length. He also mentioned that the County used the Wisconsin Counties Association template for putting
together this Resolution, and there is also present here this evening, a representative from the
Wisconsin Counties Association. Abeles-Allison also explained that there had been a lawsuit in Eau Claire
County which pertained to elected officials wages. This resolution sets wages for the County Clerk,
Treasurer and Register of Deeds for their upcoming term. State law states that wages must be set
prior to papers being circulated which is April 15th. The Executive Committee has met several times to
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discuss this topic and the proposal they have come up with would be a 0% increase for the years 2013
and 2014 and then a $1200 per year increase (approximately 2%) for years 2015 and 2016.
Supervisor Maki brought up the topic of why there is such a gap between the County Clerk’s
wages versus the Treasurer and Register of Deeds. He went on to state that when County Clerk Gordon
was here as our administrator was gone, he assumed the duties of personnel director and administrative
coordinator until we found a new one. Since the County hired Abeles-Allison, the wages have not gone
back to the original amount that they should have. Discussion on this took place that they wages did
drop taking off the personnel director portion of the wages. Maki went on to state that there needs to
be accountability and reconciliation of wages amongst these positions again, there is too much of a
spread that shouldn’t be there in the first place.
The Board dispensed with the reading of the Resolution, which reads as follows:
WHEREAS, pursuant to Wis. Stat. § 59.22(1), the Board must establish the total annual
compensation for services to be paid to county elected officials (other than supervisors and circuit
judges) prior to the earliest time for filing nomination papers for the county elective office; and
WHEREAS, the Board desires to establish the total annual compensation for county elected
officials, which is separate and distinct from the fringe benefits offered by the County to elected
officials, and which fringe benefits are subject to increase or decrease during the officer’s term at the
discretion of the Board and in accordance with state and federal law; and
WHEREAS, as part of the County’s fringe benefit program, county elected officials may
participate in the Wisconsin Retirement System in accordance with state law; and
WHEREAS, as part of the County’s fringe benefit program, county elected officials may elect to
receive health insurance coverage under the same terms and conditions as the health insurance coverage
offered to non-represented managerial county employees who are not law enforcement managerial
employees or non-represented managerial employees described in Wis. Stat. §111.70(1)(mm)2;
NOW, THEREFORE, BE IT RESOLVED by the Bayfield County Board of Supervisors, assembled
this 27th day of March, 2012, that the total annual compensation for county elected officers under Wis.
Stat. §59.22(1) shall be as follows, effective on the first day of a term of office that begins after the
date of this Resolution:
Elected Official Compensation:
2013 2014 2015 2016
County Clerk $62,256 $62,256 $63,456 $64,656
County Treasurer $54,985 $54,985 $56,185 $57,385
Register of Deeds $54,985 $54,985 $56,185 $57,385
Sheriff $62,256 $62,256 X X
Clerk of Court $54,985 $54,985 X X
Coroner $5,546 $5,546 X X
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BE IT FURTHER RESOLVED that the aforementioned county elected officials are entitled to
participate in the Wisconsin Retirement System in accordance with law and the County shall pay only its
share of contributions required by law; and
BE IT FURTHER RESOLVED that the aforementioned county elected officials are entitled to
participate in the County’s health insurance program subject to the terms and conditions of the program,
which may be modified from time to time, under the same terms and conditions as the health insurance
coverage offered to non-represented managerial county employees who are not law enforcement
managerial employees or non-represented managerial employees described in Wis. Stat. §111.70(1)(mm)2.
By Action of the
BAYFIELD COUNTY BOARD OF SUPERVISORS
William D. Kacvinsky, Chair
A motion was made by Rondeau/Williams to adopt Bayfield County Resolution No. 2012-13,
Establishing Total Annual Compensation for County Elected Officials Pursuant to Wis. Stat.
§59.22. Supervisor Jardine stated that he like the way the percentage was taken away and a dollar
amount was put on the wages instead. Supervisor Miller stated that pretty soon there is going to have
to be a cap put on wages. A roll call vote was taken as follows: Miller-yes; Crandall-yes; Rondeau-
yes; Meyers-yes; Bussey-yes; Jardine-yes; Maki-no; Kittleson-abstained; Bennett-yes;
Kacvinsky-yes; Rantala-absent; Williams-yes; Bichanich-no: Total 13: 1 abstention, 9 yes, 2 no,
1 absent. The motion carried.
6. Bayfield County Resolution No. 2012-19, Supporting State Highway 13 Scenic By-
Ways Designation. Motiff and Kane were present to explain the By-way Designation. An
intergovernmental group is being formed that would be the administrators of the plan if a designation
does happen. Kane stated that an application was presented US 2 and 13, Barksdale to the Town of
Clover, Intersection of County Road A. It includes 9 towns, 2 cities, and 2 tribal communities along the
corridor. The 2nd step for the application wos a resolution by all of the governments involved along the
corridor, and after this step would be the corridor management plan.
Supervisor Maki stated that he is against this as he felt we didn’t need another government
agency to tell us what to do with our land. We have a Zoning Department which regulates our property
now and we don’t need the State involved too. Supervisor Jardine stated that this Scenic By-Way does
not have restrictions on it and have stated that it will just be an enhancement to the existing highways.
The Scenic By-Way program is not a regulatory program. It uses the zoning governing the existing
property. A lengthy discussion took place regarding regulations .
The Board dispensed with the reading of the Resolution, which reads as follows:
WHEREAS, the Wisconsin Legislature in s.84.106 Wisconsin Statutes, created a statewide
scenic byways program in an effort to identify, promote, and preserve Wisconsin's scenic roads; and
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WHEREAS, the subject road meets the guidelines for Scenic Byways as set forth in Trans 202,
the formal rules of the Wisconsin Scenic Byways Program; and
WHEREAS, the Scenic Byways Advisory Committee has evaluated the application materials for
State Highway 13 and made the recommendation that the overall route has medium to high scenic or
historic characteristics needed for designation as a Wisconsin State Scenic Byway; and
WHEREAS, the County of Bayfield supports the designation of the candidate corridor as a
Wisconsin State Scenic Byway; and
WHEREAS, the County of Bayfield acknowledges and recognizes that per Trans 202.05 (3a) that
in order to include business area(s) as defined in Trans 202.05 (3) (c) as part of the formally designated
scenic byways route, the local municipal governments along the proposed corridor must specifically
include said area(s) as part of their individual resolutions.
NOW, THEREFORE, BE IT RESOLVED that the Bayfield County Board of Supervisors
assembled this 27th day of March, 2012, acknowledges and recognizes that the subject road has met all
of the requirements for designation as a State Scenic Byway and we, the undersigned board of
supervisors of the identified County of Bayfield, do support and request approval for the designation of
the subject road as a Wisconsin State Scenic Byway.
By Action of the
BAYFIELD COUNTY BOARD OF SUPERVISORS
William D. Kacvinsky, Chair
A motion was made by Jardine/Rondeau to adopt Bayfield County Resolution No. 2012-19,
Supporting State Highway 13 Scenic By- Ways Designation. The motion carried with 2
oppositions.
7. Bayfield County Resolution No. 2012-12, Working Agreement Memorandum of
Understanding between Bayfield County and the Red Cliff Band of Lake Superior Chippewa. Abeles-
Allison explained that over the past 3-4 months, representatives from the Bayfield School, Red Cliff
Band of Lake Superior Chippewa and Bayfield County, the Sheriff and Kacvinsky have met regarding
specific issues. This agreement is non-binding, but an agreement in good faith that stresses
communication and meetings on many items that are currently in place.
Supervisor Maki asked why we are getting involved in a resolution pertaining to the Bayfield
School District. If it is non-binding that what is the purpose. Sheriff Susienka was present to answer
these questions and others stating that there are other entities mentioned in the agreement that
pertain to both Human Services and Child Support which involve the County. The Sheriff felt the
agreement gives a better working relationship and dialogue with the Tribe. Further discussion took
place amongst the Board and Susienka regarding referrals. Supervisor Meyers felt this agreement was
good and stated that it is anticipated that the Tribe will also be signing shortly. Supervisor Bussey
stated that we have a good Tribal Communication Committee which meets periodically and this
agreement is consistent with that.
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The Board dispensed with the reading of the Resolution, which reads as follows:
This Memorandum of Understanding and Mutual Support [hereinafter referred to as the MOU]
addresses issues of mutual interest of the Red Cliff Band of Lake Superior Chippewa, Bayfield County,
Wisconsin & the Bayfield School District [also known as “the Parties”]
Whereas, the issues of mutual interest to the parties include promoting positive perceptions and
improving the nature and scope of interactions between Red Cliff Nation tribal members, employees and
law enforcement of Bayfield County and the Bayfield School District; —the school-age members and all
of the Red Cliff Nation; and,
Whereas, the intention of this MOU is to provide a framework for respectful and cooperative
communication that utilizes consensus building for improving agreements, programs and relations that
affect Red Cliff Nation tribal members; and,
Whereas, primary outcome intended by this MOU is to improve the planning and coordination of
agreements programs and relations between Bayfield County, The Bayfield School District and the Red
Cliff Nation, affecting law enforcement, tribal county relations and the education of Students and
members of the Red Cliff Nation; and,
Whereas, the parties intend to clarify their relationship in order to establish a common
understanding regarding their roles, responsibilities, and procedures that will facilitate best practices
between their agencies; and,
Whereas, Bayfield County and the Bayfield School District are political bodies, duly incorporated,
organized and operated pursuant to federal and Wisconsin State Statutes, responsible for governance,
education, law enforcement and possession, care, control and management of the property and affairs of
the school district, with the statutory authority to do all things reasonable within the comprehensive
meaning of the terms of its duties and powers; and,
Whereas, the Red Cliff Nation’s mission is to promote, plan and provide for the health, welfare,
education ,environmental protection, cultural preservation and economic well-being of tribal members and
to protect treaty rights now and in the future; and,
Whereas, both Bayfield County and the Bayfield School District and the Red Cliff Nation have a
responsibility for the provision of governance, mutual law enforcement and education to school-age tribal
members, it is critical to the quality of services that staff and representatives from each party
understand and consult with one another to ensure that needed services are provided in a manner that is
efficient, timely, culturally appropriate and effective; and,
Whereas representatives of the Red Cliff Nation and Bayfield County and the School District of
Bayfield, Wisconsin have met on five occasions, June 22, 2011, July 28, 2011, September 2, 2011,
January 26, 2012 and February 29, 2012 to discuss matters affecting county governance, mutual law
enforcement, quality education and issues of mutual concern to the parties; and,
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Therefore, the Parties hereby resolve and agree that, in going forward; they will mutually support
and adhere to the following principles, and exert their best efforts in doing so:
I. Parties
School District of Bayfield
300N 4th Street
Bayfield, Wisconsin 54814
Phone No. 715-779-3201
----And----
Bayfield County
PO Box 878
117 East Fifth Street
Washburn, WI 54891
Phone No. 715-373-6181
-----And-----
Red Cliff Tribe
88385 Pike Rd., Hwy 13
Bayfield, WI 54814
Phone No. 715-779-3700
II. Meetings and Consultations
A. Participation and Use - All Parties agree to participate at regular meetings related to
issues of mutual concern. A minimum of quarterly county meetings or a meeting every other month in
each annual school year for the school district will constitute the term of regular meetings between the
parties as mutually scheduled.
B. County Government – The Red Cliff Tribe and the Bayfield County Government agree to
participate in periodic meetings with the Bayfield County Board Chairperson, the Red Cliff Chairperson,
tribal and county law enforcement chiefs. The Tribe and County also agree to strive to have a joint
Tribal / County Council / Board meeting.
C. Tribal County Relations Committee - A four member committee made up of two Bayfield
County and two Red Cliff tribal members, appointed by the respective chairs, shall meet quarterly to
discuss issues of mutual concern including but not limited to law enforcement and human services. The
County Board Chair and Tribal and Council Chair shall attend these meetings as often as possible.
III. Employment and Recruitment
Bayfield County and the Red Cliff Nation agree to work collaboratively to improve diverse representation
of employees in Bayfield County government departments and agencies. The objective of this effort is
to work towards a racial balance in employment to reduce the perception and/ or the reality of bias and
to achieve equity in the delivery of education, programs and services.
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The parties also agree to share information about employment opportunities as they become available.
Communication about such opportunities shall be mutually shared within 48 hours of job postings via e-
mail, fax or internet.
IV. Law Enforcement
A. The Bayfield County Sheriff and the Red Cliff Tribal Police Chief agree to meet on a
quarterly basis to discuss county-tribal relations including but not limited to issues and items in the
County / Tribal Law Enforcement Agreement.
B. The Bayfield County Tribal County Relations Committee shall meet and discuss to the point
of resolve the annual County tribal Law Enforcement Agreement Funding. Decisions of the committee
shall be recommended to the Bayfield County Board and Tribal Council for approval.
C. The Bayfield County Sheriff and the Red Cliff Tribal Police Chief agree to jointly explore
funding and grant opportunities to mutually benefit crime prevention and to improve law enforcement
relations between the Tribe, County and the constituents that they serve.
D. Bayfield County agrees to meet with the The Education Division of the Red Cliff Tribe
which will recommend consultants to discuss and schedule training opportunities on presenting Ojibwa RC
Culture and Spirituality Awareness training to Bayfield County personnel.
V. Red Cliff Child and Family Services Department (Social Services)
A. Social Services Intervention. Bayfield County Human Services and the Bayfield School
District recognizes the authority of the Red Cliff Nation Family Services Division under the Federal
Indian Child Welfare Act and the Red Cliff Children’s Code when construed consistently with federal and
state law, to investigate allegations of child abuse and neglect of Red Cliff children when jurisdiction is
retained by the Red Cliff Nation. Bayfield County Human Services and the Bayfield School District
agree to work cooperatively with the Red Cliff Family Services Division investigating allegations of child
abuse and neglect under their jurisdiction.
B. Training. To improve awareness and understanding of tribal protocol on the issue of the
investigation of child abuse and neglect, the Bayfield School District agrees to offer its staff and
teachers training on topics related to Ojibwa RC children, including, but not limited to:
Cultural Sensitivity & Tribal Sovereignty
Confidentiality Requirements
Indian Child Welfare Act and Placement Preferences
Red Cliff Nation Children and Families Act
Training About this MOU
Communication and Notification
Enrollment Rights of Red Cliff Children and Parents
C. The parties acknowledge that the State of Wisconsin requires child protective service
workers to get training on confidentiality and Indian Child Welfare. Bayfield County agrees to provide
new staff orientation training on the Memorandum of Understanding. Red Cliff agrees to provide
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Bayfield County Social Work staff annual training specific to Ojibwa RC Culture and Spirituality
Awareness and Tribal Sovereignty, and the Red Cliff Nation Children’s Code.
D. Confidentiality. The Parties also agree that the confidentiality and privacy of the student
and their families shall be protected at all times during investigations of child abuse or neglect
consistent with Wisconsin, federal, and Red Cliff Nation laws. A written protocol from the Bayfield
School District for conducting investigations, which will include Red Cliff Nation Social Services
investigators, during the school day at the Bayfield School District, will be jointly developed by the
Parties and their attorneys. This protocol will be completed by January 1, 2012.
VI. Truancy Representatives from Red Cliff Education Division, the Bayfield County Family Services
and Bayfield County Circuit Court and the Bayfield School District agree to work together at meetings
as prescribed in this MOU toward developing uniform protocols, practices and policies on truancy for all
students in the Bayfield School District. These uniform truancy policies shall be consistent with or will
enhance the current State of Wisconsin statute 118.163 (1) (a) to accommodate the needs and interest
of the parties herein appearance of a discriminatory impact while encouraging compliance through trust.
VII. Dispute Resolution
The parties agree to utilize every means necessary to resolve disputes through mutually respectful
dialogue to avoid polarization, resentment, and tension. The parties may seek assistance from the U.S.
Department of Justice Community Relations Service, Wisconsin Department of Public Instruction, or any
recognized formal dispute resolution service in Wisconsin. Each party reserves its right to pursue any
and all remedies available under the law in the event the other party fails to comply with any legal
obligation.
VIII. Voluntary Agreement and Ethics Disclaimer
This MOU is the result of voluntary mediation between the parties and is not a result of duress,
coercion, or undue influence. Nothing in this MOU should be taken as an admission of wrongdoing by
either party and the terms and conditions contained herein are non-contractual and create no
independent contractual obligation and/or duties upon any of the parties hereto. It being distinctly
understood and agreed that no party to this MOU shall institute or prosecute any judicial or
administrative proceedings of any kind or nature to enforce any of the terms and conditions.
IX. Terms of Agreement
All of the aforementioned tenets of this agreement shall be reviewed after five years from the date of
signing. Signatory parties of this MOU at that time may choose to amend, extend or dissolve the
agreement based on evidence of good faith, mutual compliance and benefits to the Red Cliff Nation and
Bayfield School District resulting from this relationship.
It is also understood that the parties of this MOU agree to work in earnest and convene
themselves regularly during the annual terms specified to uphold the tenants of the MOU as described
herein.
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X. Party and Third Party Rights
Nothing in this MOU is intended to create, nor shall anything in it be construed as creating, any rights in
any third party entity or person that would not exist independently of this MOU.
XI. Consummation and Ratification
IN WITNESS WHEREOF, the parties have executed and delivered this Agreement as of this
____________day of April, 2012, and the signatories hereto personally represent that this agreement
is executed pursuant to legal authorization by the organizations on behalf of which they are signing:
School District of Bayfield: The Red Cliff Nation
By: _______________________________ ___________________________________
By Action of the
BAYFIELD COUNTY BOARD OF SUPERVISORS
William D. Kacvinsky, Chair
Witnessed By: ____________________________________
Kenith R. Bergeron
U.S. Department of Justice
A motion was made by Crandall/Meyers to adopt Bayfield County Resolution No. 2012-12,
Working Agreement Memorandum of Understanding Between Bayfield County and the Red Cliff Band
of Lake Superior Chippewa. The motion carried with one opposition.
8. Bayfield County Resolution No. 2012-14, Designating the Ashland Daily Press as
Bayfield County’s Newspaper of Record. Abeles-Allison briefly explained that a survey was taken
amongst the County’s departments inquiring as to needed publication dates for various meetings and
publications and for necessary requirements. A meeting was held with Daily Press and County Journal
representatives who informed us of the circulation for Bayfield County residents who receive the Daily
Press and the County Journal. Currently circulation for Bayfield County residents who receive the Daily
Press is 1,400 and those who receive the County Journal are about 700. The cost for the advertising is
about the same.
The Board dispensed with the reading of the Resolution, which reads as follows:
WHEREAS, Bayfield County will increase circulation four fold by changing the newspaper of
record from The County Journal to the Ashland Daily Press; and
WHEREAS, Bayfield County will increase circulation in Bayfield County two fold; and
WHEREAS, The Daily Press and The County Journal are owned by the same company; and
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WHEREAS, The owners of the papers have assured Bayfield County that designating the Ashland
Daily Press as the newspaper of record will not impact continued publication of The County Journal; and
WHEREAS, costs for advertising are expected to be very similar.
NOW, THEREFORE, BE IT RESOLVED, that the Bayfield County Board of Supervisors
assembled this 27th day of March, 2012, designates the Ashland Daily Press as its newspaper of record
effective May 1, 2012.
By Action of the
BAYFIELD COUNTY BOARD OF SUPERVISORS
William D. Kacvinsky, Chair
A motion was made by Meyers/Rondeau to adopt Bayfield County Resolution No. 2012- 14,
Designating the Ashland Daily Press as Bayfield County Newspaper of Record. The motion carried.
9. Bayfield County Resolution No. 20120-16, To Increase both the Revenue and
Expenditure of the Tourism & Recreation Department’s Budget. Motiff was present to explain the
Resolution to the Board. The Board dispensed with the reading of the Resolution, which reads as
follows:
WHEREAS, the Bayfield County Tourism & Recreation Department is entering into a
cooperative advertising arrangement; and
WHEREAS, the Bayfield County Tourism & Recreation Department requests a revenue and
expenditure increase of $6,000 in the Tourism & Recreation Department budget; and
NOW, THEREFORE, BE IT RESOLVED, that the Bayfield County Board of Supervisors,
assembled this 27th day of March, 2012, authorizes the increase in the 2012 Tourism & Recreation
Department budget of $6,000 in expenditure account 100-23-55301-50315 and $6,000 in revenue
account 100-23-48970.
By Action of the
BAYFIELD COUNTY BOARD OF SUPERVISORS
William D. Kacvinsky, Chair
A motion was made by Jardine/Rondeau to adopt Bayfield County Resolution No. 2012-16,
To Increase Both the Revenue and Expenditure of the Tourism & Recreation Department’s Budget.
A roll call vote was taken as follows: Crandall-yes; Rondeau-yes; Meyers-yes; Bussey-yes;
Jardine-yes; Maki-yes; Kittleson-abstained; Bennett-yes; Kacvinsky-yes; Rantala-absent;
Williams-yes; Bichanich-yes; Miller-yes: Total 13: 12 yes, 0 no, 1 absent. The motion carried.
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10. Bayfield County Resolution No. 2012-17, Adopting the Amended Bayfield County
Outdoor Recreation Plan. The Board dispensed with the reading of the Resolution, which reads as
follows:
WHEREAS, Bayfield County, has developed a comprehensive outdoor recreation plan; and
WHEREAS, this plan outlines foreseeable outdoor recreation facility needs of Bayfield County
that can be adequately maintained; and
WHEREAS, both the Town of Bayfield and the City of Washburn have requested that we amend
our Outdoor Recreation Plan to include the following changes and improvements so that the projects will
be eligible for grant funding:
Town of Bayfield
Salmo Station Trail:
Existing facilities: there is currently no public access to Lake Superior other than through the National
Park Service, which requires a fee
Recommended improvements: Parking area, Boardwalk, Walking trail, 2 bridges, Kiosk w/interpretive
signage, Donation fee tube
City of Washburn
Thompson West End Park:
Add to Existing Facilities: Campsite Cable Hook-ups/Electrical sites, Shower and restroom facilities in
ADA compliance
Add to Recommended Improvements: Development of additional campsites, Development of additional
camping areas, Landscaping of current and any additional camping areas, Development of bathroom
facilities to include flush toilets, flush urinals and showers, Extension of municipal utilities to additional
campsites and restrooms, Development of additional picnic and recreation facilities e.g. playground
equipment, disc golf course and public pavilions , Purchase of additional lands for park development, Bury
or remove existing overhead power lines
Remove from Recommended Improvements: Renovation of existing campground restrooms to increase
ADA compliance and conform to green building techniques.
West End Boat Landing:
Add to Recommended Improvements: Dredging of the boat ramp area
NOW THEREFORE, BE IT RESOLVED that the Bayfield County Board of Supervisors assembled
this 27th day of March, 2012, hereby formally adopts the AMENDED Bayfield County Outdoor
Recreation Plan as the official policy statement for the development of outdoor recreation programs and
facilities in Bayfield County.
By Action of the
BAYFIELD COUNTY BOARD OF SUPERVISORS
William D. Kacvinsky, Chair
208
A motion was made by Bussey/Jardine to adopt Bayfield County Resolution No. 2012-17,
Adopting the Amended Bayfield County Outdoor Recreation Plan with the following change: In the
Now, Therefore paragraph, after assembled this 27th day of March, 2012, add: “amends the
Bayfield County Outdoor Recreation Plan to include the above changes and improvements” and then
continue on. Discussion took place on where the property in question is located. Motiff explained that
the modified plan is being made to update the plan and make specific projects in the Town of Bayfield
and City of Washburn eligible for grant funding. The specific projects include, Salmo Station Trail,
Thompson West End Park and West End Board Landing. Discussion was held on the Salmo Station Trail
and what property the Park Service owns. The motion carried.
11. Zoning Petitions Filed. None to Report.
12. Report of the Bayfield County Planning and Zoning Committee Regarding the Petition
to Amend Title 13 (13-1-4(a) of the 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 by law; 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
Subsection (a) of Section 13-1-4 [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 read as follows, with additions highlighted by the underline feature (additions) and deletions
highlighted by the strike out feature (deletions):
Sec. 13-1-4 Definitions.
(9m) Comprehensive Plan. For a county, a development plan that is prepared or amended under
§59.69(2) or (3). For a city or a village, or for a town with a master plan that is adopted or amended
under §62.23(2) or (3). Contents of a comprehensive plan shall contain all of the following elements:
issues and opportunities element; housing element; transportation element; utilities and community
facilities element; agricultural, natural and cultural resources element; economic development element;
intergovernmental cooperation element; land use element; and implementation element. Wis. Stat. §
66.1001(1), (2).
(11m) Consistent With. Furthers or does not contradict the objectives, goals and policies contained in
the comprehensive plan. Wis. Stat. §66.1001(1)(am).
The Bayfield County Planning and Zoning Committee recommendation is: Be Approved.
209
Dated: March 15, 2012
BAYFIELD COUNTY PLANNING AND ZONING COMMITTEE
Kenneth Jardine, Harold A. Maki, Patricia Rantala, Brett T. Rondeau
A motion was made by Maki/Bennett to receive and place on file the Report of the Bayfield
County Planning and Zoning Committee the Petition to Amend Title 13 (13-1-4(a) of the Bayfield
County Code of Ordinances. The motion carried.
13. Bayfield County Zoning Amendatory Ordinance No. 2012-07 Regarding the Petition to
Amend Title 13 (13-1-4(a) of the 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 follows:
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 Comprehensive Plan and Consistent With; 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 (a) of Section 13-1-4 [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 read as follows, with additions highlighted by the underline feature (additions) and
deletions highlighted by the strike out feature (deletions):
210
(9m) Comprehensive Plan. For a county, a development plan that is prepared or amended under
§59.69(2) or (3). For a city or a village, or for a town with a master plan that is adopted or amended
under §62.23(2) or (3). Contents of a comprehensive plan shall contain all of the following elements:
issues and opportunities element; housing element; transportation element; utilities and community
facilities element; agricultural, natural and cultural resources element; economic development element;
intergovernmental cooperation element; land use element; and implementation element. Wis. Stat. §
66.1001(1), (2).
(11m) Consistent With. Furthers or does not contradict the objectives, goals and policies
contained in the comprehensive plan. Wis. Stat. §66.1001(1)(am).
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.
Adopted by the Board of Supervisors of the County of Bayfield on the 27th day of March, 2012.
By Action of the
BAYFIELD COUNTY BOARD
William D. Kacvinsky, Chair
A motion was made by Rondeau/Miller to adopt Bayfield County Zoning Amendatory
Ordinance No. 2012-07 Regarding the Petition to Amend Title 13 (13-1-4(a) of the Bayfield
County Code of Ordinances. The motion carried.
14. Report of the Bayfield County Planning and Zoning Committee Regarding the Petition
to Amend Title 13 (13-1-21(c) of the 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 by law; and having been duly informed of the facts pertinent to the following
changes; hereby recommends the following action on said petition:
211
AN ORDINANCE AMENDING SECTION 13-1-21(c), CODE OF ORDINANCES, BAYFIELD
COUNTY, WISCONSIN AND REGARDING RULES AND PROCEDURES OF THE PLANNING AND
ZONING COMMITTEE IN MAKING DECISIONS UPON APPLICATIONS FOR LAND USE
PERMITS.
Section 13-1-21 [General Land Use Requirements] of Article B [General Provisions] of Chapter 1
[Zoning Code] or Title 13 [Zoning] of the Code of Ordinances, Bayfield County, Wisconsin is hereby
amended to read as follows, with additions highlighted by the underline feature (additions) and
deletions highlighted by the strike out feature (deletions):
Sec. 13-1-21 General Land Use Requirements.
(c) Application for Permit. All applications for a land use permit shall be submitted to the Planning
and Zoning Department, which shall issue a permit if the application conforms with this Chapter.
If a determination cannot be made by the Zoning Department to either issue or deny a permit,
the Department shall state the facts upon which it bases the conclusions of unsuitability in
writing. The applicant may appeal the Zoning Department's and/or Zoning Committee's decision in
denying the application as provided under Section 13-1-102. An incomplete application shall expire
four (4) months after written notice from the Department to the applicant that the application is
incomplete, if it is not completed within such time period.)
(1) Use of Bayfield County land Use Plan and Comprehensive Plan. The Bayfield County
Land Use Plan and Comprehensive Plan will be used as a guide, tool in making informed
Zoning decisions by Department personnel.
(2) Decision Making Considerations. Review and base decision on the following:
a. Zoning Ordinance and all other applicable laws.
b. Consistency with Town Comprehensive Plan (more specific detail)
c. Consideration of Town Board Recommendation if applicable or if any.
d. Consistency with County Comprehensive and Land Use Plan (general overview).
(3) If a determination cannot be made by the Planning and Zoning Department to either issue
or deny a permit, the Department shall state the facts upon which it bases the conclusions
of unsuitability in writing. The applicant may appeal the Planning and Zoning Department's
and/or the Planning and Zoning Committee's decision in denying the application as provided
under Section 13-1-102. An incomplete application shall expire four (4) months after
written notice from the Department to the applicant that the application is incomplete, if
it is not completed within such time period.
The Bayfield County Planning and Zoning Committee recommendation is: Be Approved
Date: March 15, 2012
212
BAYFIELD COUNTY PLANNING AND ZONING COMMITTEE
Kenneth Jardine, Harold A. Maki, Patricia Rantala, Brett T. Rondeau
A motion was made by Rondeau/Kittleson to receive and place on file the Report of Bayfield
County Planning and Zoning Committee Regarding the Petition to Amend Title 13 (13-1-21(c) of the
Bayfield County Code of Ordinances. The motion carried.
15. Bayfield County Zoning Amendatory Ordinance No. 2012-08 Regarding the Petition to
Amend Title 13 (13-1-21(c) of the 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 follows:
AN ORDINANCE AMENDING SECTION 13-1-21(c), CODE OF ORDINANCES, BAYFIELD
COUNTY, WISCONSIN AND REGARDING RULES AND PROCEDURES OF THE PLANNING AND
ZONING COMMITTEE IN MAKING DECISIONS UPON APPLICATIONS FOR LAND USE
PERMITS.
WHEREAS, Wisconsin Statutes §59.69(4)(e) authorizes the County Board to adopt an ordinance
to determine, establish, regulate and restrict uses or purposes which may be subjected to special
regulation; 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-
21(c) Code of Ordinances, Bayfield County, Wisconsin to clarify the rules and procedures of the Planning
and Zoning Committee in making decisions upon applications for land use permits; 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 13-1-21 [General Land Use Requirements] of Article B [General Provisions] of
Chapter 1 [Zoning Code] or Title 13 [Zoning] of the Code of Ordinances, Bayfield County,
Wisconsin is hereby amended to read as follows, with additions highlighted by the
213
underline feature (additions) and deletions highlighted by the strike out feature
(deletions):
Sec. 13-1-21 General Land Use Requirements.
(c) Application for Permit. All applications for a land use permit shall be submitted to the Planning
and Zoning Department, which shall issue a permit if the application conforms with this Chapter.
If a determination cannot be made by the Zoning Department to either issue or deny a permit,
the Department shall state the facts upon which it bases the conclusions of unsuitability in
writing. The applicant may appeal the Zoning Department's and/or Zoning Committee's decision in
denying the application as provided under Section 13-1-102. An incomplete application shall expire
four (4) months after written notice from the Department to the applicant that the application is
incomplete, if it is not completed within such time period. (A)9/26/2000)
(1) Use of Bayfield County Land Use Plan and Comprehensive Plan. The Bayfield County
Land Use Plan and Comprehensive Plan will be used as a guide, tool in making informed
Zoning decisions by Department personnel.
(2) Decision Making Considerations. Review and base decision on the following:
a. Zoning Ordinance and all other applicable laws.
b. Consistency with Town Comprehensive Plan (more specific detail)
c. Consideration of Town Board Recommendation if applicable or if any.
d. Consistency with County Comprehensive and Land Use Plan (general overview).
(3) If a determination cannot be made by the Planning and Zoning Department to either issue
or deny a permit, the Department shall state the facts upon which it bases the conclusions
of unsuitability in writing. The applicant may appeal the Planning and Zoning Department's
and/or the Planning Zoning Committee's decision in denying the application as provided
under Sections 13-1-102 and 13-1-102A. An incomplete application shall expire four (4)
months after written notice from the Department to the applicant that the application is
incomplete, if it is not completed within such time period.
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.
214
Section 4. EFFECTIVE DATE. This ordinance shall take effect and be in full force from and after
its passage.
Adopted by the Board of Supervisors of the County of Bayfield on the 27th day of March, 2012.
By Action of the
BAYFIELD COUNTY BOARD
William D. Kacvinsky, Chair
A motion was made by Maki/Rondeau to adopt Bayfield County Zoning Amendatory Ordinance
No. 2012-08 Regarding the Petition to Amend Title 13 (13-1-21(c) of the Bayfield County Code
of Ordinances. The motion carried.
16. Report of the Bayfield County Planning & Zoning Committee Regarding the Petition to
Amend Title 13 (13-1-41(a)-(b); of the 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 by law; and having been duly informed of the facts pertinent to the following
changes; hereby recommends the following action on said petition:
AN ORDINANCE AMENDING SECTION 13-1-41(a)-(b), CODE OF ORDINANCES, BAYFIELD
COUNTY, WISCONSIN AND REGARDING CONDITIONAL USES AND THE PROCEDURE FOR
DECISION BY THE PLANNING AND ZONING COMMITTEE UPON APPLICATIONS FOR
CONDITIONAL USES.
Subsection a [Purpose] and Subsection b [Procedure] of Section 13-1-41 [Conditional Uses] of
Article C [Nonconforming Uses; Conditional Uses; Environmental Impact Analysis] of Chapter 1
[Zoning Code] or Title 13 [Zoning] of the Code of Ordinances, Bayfield County, Wisconsin are
hereby amended to read as follows, with additions highlighted by the underline feature (additions)
and deletions highlighted by the strike out feature (deletions):
Sec. 13-1-41 Conditional Uses.
(a) General Provisions. Purpose. Some uses may be necessary or desirable in a particular zoning
district, but certain conditions may need to be imposed to make them compatible with the basic
uses in that district or an adjoining district. Uses classified as conditional uses are allowed only
after consideration by the Zoning Committee and by meeting conditions that make the use
compatible with other allowable uses within the district.
215
(1) Purpose. Some uses may be necessary or desirable in a particular zoning district, but
certain conditions may need to be imposed to make them compatible with the basic
uses in that district or an adjoining district. Uses classified as conditional uses are
allowed only after consideration by the Planning and Zoning Committee and by meeting
conditions that make the use compatible with other allowable uses within the district.
(2) Authority. The Planning and Zoning Committee has been established pursuant to
Section 59.69 (2) of the Wisconsin Statutes and assumes thereby, all responsibilities,
duties and powers as provided therein.
(b) Procedure.
(1) Notice of Application. Upon receipt of an application for a conditional use permit, the
Planning and Zoning Department shall give written notice thereof to all adjoining
landowners and owners of land within 300 feet of the proposed use (whose names and
addresses shall be included in the application) and the town clerk of the town in which the
property is located, and the town clerk of any other town within 300 feet of the proposed
use, and shall request the town board’s recommendation with respect to the application on
a form provided by the Planning and Zoning Department for that purpose. Such notice shall
be sent by first class mail at least seven (7) days prior to a regularly scheduled town board
meeting to be held prior to the Planning and Zoning Committee hearing and/or meeting at
which the application is to be considered, Adjoining landowners and owners of land within
300 feet of the proposed use shall be given a deadline of noon of the day prior to the next
regularly scheduled Planning and Zoning Committee Meeting to respond thereto. the The
Town shall be given a deadline of noon of the day of the next regularly scheduled Planning
and Zoning Committee Meeting following such town board meeting to respond thereto. For
good cause shown, the Planning and Zoning Committee may grant the town additional time
to respond.
(2) Additional Information. At the request of the Planning and Zoning Department the
applicant may be required to provide such additional information as the Planning and Zoning
Department deems necessary for adequate review and consideration of the application by
the Planning and Zoning Committee, and may be required to meet with the Planning and
Zoning Department for such purpose prior to consideration of the application by the
Planning and Zoning Committee. Such additional information may include, without limitation:
a. A plan of the area showing contours, soil types, normal high water mark,
groundwater conditions, bedrock, slope and vegetative cover.
b. Location of buildings, parking areas, traffic access, driveways, walkways, piers, open
spaces, and landscaping.
216
c. Site plans of buildings, sewage disposal facilities, water supply systems and
arrangements of operations thereof.
d. The estimated number of persons to be living near or using the site, the estimated
cost for providing public services.
e. Specifications for areas of proposed filling, grading, lagooning or dredging.
f. Other pertinent information necessary to determine if the proposed use meets the
requirements of this Chapter.
(3) Hearing. After the deadline specified in paragraph 1 above and prior to acting upon an
application, the Planning and Zoning Committee shall hold a public hearing on an application;
notice of which shall be given by Class 2 notice.
(4) Decision of the Planning and Zoning Committee.
a. The Planning and Zoning Committee shall act upon an application at a public
meeting of the Planning and Zoning Committee following the public hearing thereon. In
making its decision the committee shall evaluate the effect of the proposed use upon:
1. The maintenance of safe and healthful conditions.
2. The prevention and control of water pollution (including sedimentation),
air pollution and noise.
3. Existing topographic, drainage features and vegetative cover on the site.
4. The location of the site with respect to floodplains and floodways of
rivers or streams.
5. The erosion potential of the site based upon degree and direction of
slope, soil type, and vegetative cover.
6. The location of the site with respect to existing or future access roads.
7. The amount of liquid wastes to be generated and the adequacy of the
proposed waste disposal systems and water supply systems.
8. The demand for public services, such as police and fire protection, solid
waste disposal, schools, road maintenance, sewer and water facilities,
etc., which would be affected by the proposed use and the adequacy of
existing services to meet the increased demand.
217
9. The prevention of the overcrowding of a natural resource, such as a
lake, river or stream.
10. The potential impact of the proposed use on other lands and land uses in
the vicinity and the extent to which it would be compatible or
incompatible therewith.
11. The extent to which the proposed use would be compatible or
incompatible with the land use plan, if any, of the Town in which the
proposed use would be located and the Bayfield County Land Use Plan, if
any.
12. The community or general welfare.
b. Use of Bayfield County Land Use Plan and Comprehensive Plan. The Bayfield
County Land Use Plan and Comprehensive Plan will be used as a guide and tool in
making informed zoning decisions, by the Planning and Zoning Committee. Upon
consideration of the factors listed in subparagraph b, the Planning and Zoning
Committee may grant the application, deny the application, grant the application
with or without conditions that it deems necessary in furthering the purpose of
this Chapter, or grant the application in part, with or without conditions, and deny it
in part.. Any conditions in addition to those required elsewhere in this Chapter, may
include, duration, property ownership, hours of operation, parking restrictions,
limits regarding; equipment, product lines, livestock, employees, etc. without
limitation, requirements for type of shorecover, increased setbacks and yards,
specified sewage disposal and water supply facilities, parking and signs, type of
construction, granting or denial of lake access and boat docks to off-lake
developments, The Planning and Zoning Committee may also require that any permit
or license required for the proposed use from another governmental entity or
agency be obtained before the issuance of a conditional use permit. The Planning
and Zoning Department shall notify the applicant in writing of the Planning and
Zoning Committee’s decision within fifteen (15) days thereafter.
c. Decision Making Considerations. The Planning and Zoning Committee shall act
upon an application and review and base its decision on the following:
1. Zoning Ordinance and all other applicable laws.
2. Consistency with Town Comprehensive Plan (more specific detail)
3. Consideration of the Town Board Recommendation
4. Consistency with County Comprehensive and Land Use Plan (general
overview)
218
5. Relevant Public Input
6. Consideration of the Departmental file report and site specifics
7. The maintenance of safe and healthful conditions.
8. The community or general welfare and economic impacts of the proposal.
9. The prevention of the overcrowding of a natural resource, such as a
lake, river or stream.
10. The prevention and control of water pollution (including sedimentation),
air pollution and noise.
11. Existing topographic, drainage features and vegetative cover on the site.
12. The location of the site with respect to floodplains and floodways of
rivers or streams.
13. The erosion potential of the site based upon degree and direction of
slope, soil type, and vegetative cover.
14. The location of the site with respect to existing or future access roads.
15. The amount of liquid wastes to be generated and the adequacy of the
proposed waste disposal systems and water supply systems.
16. The demand for public services, such as police and fire protection, solid
waste disposal, schools, road maintenance, sewer and water facilities,
etc., which would be affected by the proposed use and the adequacy of
existing services to meet the increased demand.
17. The potential impact of the proposed use on other lands and land uses in
the vicinity and the extent to which it would be compatible or
incompatible therewith.
d. Upon consideration of the factors listed in subparagraph c, the Planning and Zoning
Committee may grant the application, deny the application, grant the application
with or without conditions that it deems necessary in furthering the purpose of
this Chapter, or grant the application in part, with or without conditions, and deny it
in part.. Any conditions in addition to those required elsewhere in this Chapter, may
include, duration, property ownership, hours of operation, parking restrictions,
limits regarding; equipment, product lines, livestock, employees, etc. without
limitation, requirements for type of shorecover, increased setbacks and yards,
specified sewage disposal and water supply facilities, parking and signs, type of
219
construction, granting or denial of lake access and boat docks to off-lake
developments, The Planning and Zoning Committee may also require that any permit
or license required for the proposed use from another governmental entity or
agency be obtained before the issuance of a conditional use permit. The Planning
and Zoning Department shall notify the applicant in writing of the Planning and
Zoning Committee’s decision within fifteen (15) days thereafter.
e. The Planning and Zoning Committee shall state its reasons and rationale for its
decision in writing.
The Bayfield County Planning and Zoning Committee recommendation is: Be Approved
Date: March 15, 2012
BAYFIELD COUNTY PLANNING AND ZONING COMMITTEE
Kenneth Jardine, Harold A. Maki, Patricia Rantala, Brett T. Rondeau
A motion was made by Bennett/Jardine to receive and place on file the Report of the
Bayfield County Planning and Zoning Committee Regarding the Petition to Amend Title 13 (13-1-
41(a)-(b) of the Bayfield County Code of Ordinances. The motion carried.
17. Bayfield County Zoning Amendatory Ordinance No. 2012-09 Regarding the Petition to
Amend Title 13 (13-1-41(a)-(b) of the 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 follows:
AN ORDINANCE AMENDING SECTION 13-1-41(a)-(b), CODE OF ORDINANCES, BAYFIELD
COUNTY, WISCONSIN AND REGARDING CONDITIONAL USES AND THE PROCEDURE FOR
DECISION BY THE PLANNING AND ZONING COMMITTEE UPON APPLICATIONS FOR
CONDITIONAL USES.
WHEREAS, Wisconsin Statutes §59.69(4)(e) authorizes the County Board to adopt an ordinance
to determine, establish, regulate and restrict uses or purposes which may be subjected to special
regulation; 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
220
WHEREAS, it is deemed in the best interest of the County of Bayfield to amend Section 13-1-
41(a)-(b) Code of Ordinances, Bayfield County, Wisconsin to clarify the rules and procedures of the
Planning and Zoning Committee in making decisions upon applications for conditional uses; 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 a [Purpose] and Subsection b [Procedure] of Section 13-1-41 [Conditional Uses]
of Article C [Nonconforming Uses; Conditional Uses; Environmental Impact Analysis] of
Chapter 1 [Zoning Code] or Title 13 [Zoning] of the Code of Ordinances, Bayfield County,
Wisconsin are hereby amended to read as follows, with additions highlighted by the
underline feature (additions) and deletions highlighted by the strike out feature
(deletions):
Sec. 13-1-41 Conditional Uses.
(a) General Provisions. Purpose. Some uses may be necessary or desirable in a particular zoning
district, but certain conditions may need to be imposed to make them compatible with the basic
uses in that district or an adjoining district. Uses classified as conditional uses are allowed only
after consideration by the Zoning Committee and by meeting conditions that make the use
compatible with other allowable uses within the district.
(1) Purpose. Some uses may be necessary or desirable in a particular zoning district, but
certain conditions may need to be imposed to make them compatible with the basic
uses in that district or an adjoining district. Uses classified as conditional uses are
allowed only after consideration by the Planning and Zoning Committee and by meeting
conditions that make the use compatible with other allowable uses within the district.
(2) Authority. The Planning and Zoning Committee has been established pursuant to
Section 59.69 (2) of the Wisconsin Statutes and assumes thereby, all responsibilities,
duties and powers as provided therein.
(b) Procedure.
(1) Notice of Application. Upon receipt of an application for a conditional use permit, the
Planning and Zoning Department shall give written notice thereof to all adjoining
landowners and owners of land within 300 feet of the proposed use (whose names and
addresses shall be included in the application) and the town clerk of the town in which the
property is located, and the town clerk of any other town within 300 feet of the proposed
use, and shall request the town board’s recommendation with respect to the application on
a form provided by the Planning and Zoning Department for that purpose. Such notice shall
221
be sent by first class mail at least seven (7) days prior to a regularly scheduled town board
meeting to be held prior to the Planning and Zoning Committee hearing and/or meeting at
which the application is to be considered, Adjoining landowners and owners of land within
300 feet of the proposed use shall be given a deadline of noon of the day prior to the next
regularly scheduled Planning and Zoning Committee Meeting to respond thereto. the The
Town shall be given a deadline of noon of the day of the next regularly scheduled Planning
and Zoning Committee Meeting following such town board meeting to respond thereto. For
good cause shown, the Planning and Zoning Committee may grant the town additional time
to respond.
(2) Additional Information. At the request of the Planning and Zoning Department the
applicant may be required to provide such additional information as the Planning and Zoning
Department deems necessary for adequate review and consideration of the application by
the Planning and Zoning Committee, and may be required to meet with the Planning and
Zoning Department for such purpose prior to consideration of the application by the
Planning and Zoning Committee. Such additional information may include, without limitation:
a. A plan of the area showing contours, soil types, normal high water mark,
groundwater conditions, bedrock, slope and vegetative cover.
b. Location of buildings, parking areas, traffic access, driveways, walkways, piers, open
spaces, and landscaping.
c. Site plans of buildings, sewage disposal facilities, water supply systems and
arrangements of operations thereof.
d. The estimated number of persons to be living near or using the site, the estimated
cost for providing public services.
e. Specifications for areas of proposed filling, grading, lagooning or dredging.
f. Other pertinent information necessary to determine if the proposed use meets the
requirements of this Chapter.
(3) Hearing. After the deadline specified in paragraph 1 above and prior to acting upon an
application, the Planning and Zoning Committee shall hold a public hearing on an application;
notice of which shall be given by Class 2 notice.
(4) Decision of the Planning and Zoning Committee.
a. The Planning and Zoning Committee shall act upon an application at a public
meeting of the Planning and Zoning Committee following the public hearing thereon. In
making its decision the committee shall evaluate the effect of the proposed use upon:
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1. The maintenance of safe and healthful conditions.
2. The prevention and control of water pollution (including sedimentation),
air pollution and noise.
3. Existing topographic, drainage features and vegetative cover on the site.
4. The location of the site with respect to floodplains and floodways of
rivers or streams.
5. The erosion potential of the site based upon degree and direction of
slope, soil type, and vegetative cover.
6. The location of the site with respect to existing or future access roads.
7. The amount of liquid wastes to be generated and the adequacy of the
proposed waste disposal systems and water supply systems.
8. The demand for public services, such as police and fire protection, solid
waste disposal, schools, road maintenance, sewer and water facilities,
etc., which would be affected by the proposed use and the adequacy of
existing services to meet the increased demand.
9. The prevention of the overcrowding of a natural resource, such as a
lake, river or stream.
10. The potential impact of the proposed use on other lands and land uses in
the vicinity and the extent to which it would be compatible or
incompatible therewith.
11. The extent to which the proposed use would be compatible or
incompatible with the land use plan, if any, of the Town in which the
proposed use would be located and the Bayfield County Land Use Plan, if
any.
12. The community or general welfare.
b. Use of Bayfield County Land Use Plan and Comprehensive Plan. The Bayfield
County Land Use Plan and Comprehensive Plan will be used as a guide and tool in
making informed zoning decisions, by the Planning and Zoning Committee. Upon
consideration of the factors listed in subparagraph b, the Planning and Zoning
Committee may grant the application, deny the application, grant the application
with or without conditions that it deems necessary in furthering the purpose of
this Chapter, or grant the application in part, with or without conditions, and deny it
223
in part.. Any conditions in addition to those required elsewhere in this Chapter, may
include, duration, property ownership, hours of operation, parking restrictions,
limits regarding; equipment, product lines, livestock, employees, etc. without
limitation, requirements for type of shorecover, increased setbacks and yards,
specified sewage disposal and water supply facilities, parking and signs, type of
construction, granting or denial of lake access and boat docks to off-lake
developments, The Planning and Zoning Committee may also require that any permit
or license required for the proposed use from another governmental entity or
agency be obtained before the issuance of a conditional use permit. The Planning
and Zoning Department shall notify the applicant in writing of the Planning and
Zoning Committee’s decision within fifteen (15) days thereafter.
c. Decision Making Considerations. The Planning and Zoning Committee shall act
upon an application and review and base its decision on the following:
1. Zoning Ordinance and all other applicable laws.
2. Consistency with Town Comprehensive Plan (more specific detail)
3. Consideration of the Town Board Recommendation
4. Consistency with County Comprehensive and Land Use Plan (general
overview)
5. Relevant Public Input
6. Consideration of the Departmental file report and site specifics
7. The maintenance of safe and healthful conditions.
8. The community or general welfare and economic impacts of the proposal.
9. The prevention of the overcrowding of a natural resource, such as a
lake, river or stream.
10. The prevention and control of water pollution (including sedimentation),
air pollution and noise.
11. Existing topographic, drainage features and vegetative cover on the site.
12. The location of the site with respect to floodplains and floodways of
rivers or streams.
13. The erosion potential of the site based upon degree and direction of
slope, soil type, and vegetative cover.
224
14. The location of the site with respect to existing or future access roads.
15. The amount of liquid wastes to be generated and the adequacy of the
proposed waste disposal systems and water supply systems.
16. The demand for public services, such as police and fire protection, solid
waste disposal, schools, road maintenance, sewer and water facilities,
etc., which would be affected by the proposed use and the adequacy of
existing services to meet the increased demand.
17. The potential impact of the proposed use on other lands and land uses in
the vicinity and the extent to which it would be compatible or
incompatible therewith.
d. Upon consideration of the factors listed in subparagraph c, the Planning and Zoning
Committee may grant the application, deny the application, grant the application
with or without conditions that it deems necessary in furthering the purpose of
this Chapter, or grant the application in part, with or without conditions, and deny it
in part.. Any conditions in addition to those required elsewhere in this Chapter, may
include, duration, property ownership, hours of operation, parking restrictions,
limits regarding; equipment, product lines, livestock, employees, etc. without
limitation, requirements for type of shorecover, increased setbacks and yards,
specified sewage disposal and water supply facilities, parking and signs, type of
construction, granting or denial of lake access and boat docks to off-lake
developments, The Planning and Zoning Committee may also require that any permit
or license required for the proposed use from another governmental entity or
agency be obtained before the issuance of a conditional use permit. The Planning
and Zoning Department shall notify the applicant in writing of the Planning and
Zoning Committee’s decision within fifteen (15) days thereafter.
e. The Planning and Zoning Committee shall state its reasons and rationale for its
decision in writing.
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.
225
Adopted by the Board of Supervisors of the County of Bayfield on the 27th day of March, 2012.
By Action of the
Bayfield County Board of Supervisors
Attested to by:
William D. Kacvinsky, Chair
A motion was made by Rondeau/Kittleson to adopt Bayfield County Zoning Amendatory
Ordinance No. 2012-09, Regarding the Petition to Amend Title 13 (13-1-41(a)-(b) of the Bayfield
County Code of Ordinances. Supervisor Bussey stated that he was in disagreement with Karl regarding
the number of days this leaves either the town boards to reply back to the Zoning committee. He
believed the problem is that there is not enough time for everything to take place with proper
notification to all involved. We have to give those involved time to work on the documents. This
primarily deals with conditional use permits. This may bump notifications back a month, but it would also
allow proper notification and can take advantage of all of the efforts needed.
A motion was made by Bussey/Meyers to modify the motion to read as follows:
Section 13-1-41 Conditional Uses (b) Procedure (1) Notice of Application. “Insert the following”
or; if the town has an active Planning Commission, at least 14 days prior to each Town Board
meeting. Supervisor asked to have the rules suspended to allow Kastrosky to come up to speak to the
Board. The Board agreed. Kastrosky stated that he and Bussey agree on the problem but neither have
a solution to it. All town boards meet on different days. The State Statutes state 10 days needed, and
with all of the work that we have done, I would hope some of the towns could amend their meeting days.
If not, hopefully they could state they need more time on a matter. Kastrosky stated that he would like
the wording to stay “as is.” A very lengthy discussion took place regarding the time frame concerned.
The Board voted on the Amendment first: 1 in favor, 11 against. The motion failed.
The Board voted on the original motion and the motion carried.
18. Report of the Bayfield County Planning & Zoning Committee Regarding the Petition to
Amend Title 13 (13-1-101A); of the 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 by law; and having been duly informed of the facts pertinent to the following
changes; hereby recommends the following action on said petition:
226
AN ORDINANCE CREATING SECTION 13-1-101A, CODE OF ORDINANCES, BAYFIELD
COUNTY, WISCONSIN AND REGARDING THE PLANNING AND ZONING COMMITTEE RULES
AND PROCEDURES FOR CONFLICTS OF INTERESTS.
Section 13-1-101A [Planning and Zoning Committee] 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 created to read as follows, with additions highlighted by the underline feature
(additions) and deletions highlighted by the strike out feature (deletions):
Sec. 13-1-101A. Planning and Zoning Committee
(a) Authority. The Planning and Zoning Committee has been established pursuant to Section 59.69
(2) of the Wisconsin Statutes and assumes thereby, all responsibilities, duties and powers as
provided therein.
(b) Conflicts of Interest. Members of the Planning and Zoning Committee shall avoid conflicts of
interest. As used here, a conflict of interest shall include, but not necessarily be limited to, the
following:
(1) Reviewing, deliberating upon, or voting on an application concerning oneself or work on land
owned by oneself.
(2) Reviewing, deliberating upon, or voting on an application concerning a property located
adjacent to or within 1000 feet of one’s property.
(3) Reviewing, deliberating upon, or voting on an application involving a corporation, company,
partnership, or any other entity in which the person is a part owner, or has any other
relationship where the person may stand to have a financial gain or loss.
(4) Reviewing, deliberating upon, or voting on an application, if such action results in a
pecuniary benefit to oneself.
(5) Reviewing, deliberating upon, or voting on an application concerning one’s spouse, child,
stepchild, grandchild, brother, sister, parent, grandparent, or member of one’s household.
(6) Reviewing, deliberating upon, or voting on an application where an employee or employer of
the member is:
a. an applicant or agent for an applicant, or
b. has a direct interest in the outcome.
(7) When a conflict of interest exists, the member shall do all of the following upon
determining that a conflict exists:
227
a. declare that a conflict exists at the next meeting of the Planning and Zoning
Committee,
a)
b. cease to participate at the Planning and Zoning Committee meetings pertaining to
the matter, until the matter giving rise to the conflict has been decided; and
refrain from representing oneself before the Planning and Zoning Committee or its
staff.
The Bayfield County Planning and Zoning Committee recommendation is: Be Approved.
Date: March 15, 2012
BAYFIELD COUNTY PLANNING AND ZONING COMMITTEE
Kenneth Jardine, Harold A. Maki, Patricia Rantala, Brett T. Rondeau
A motion was made by Bennett/Maki to receive and place on file the Report of the Bayfield
County Planning and Zoning Committee Regarding the Petition to Amend Title 13 (13-1-101A); of
the Bayfield County Code of Ordinances. The motion carried.
19. Bayfield County Zoning Amendatory Ordinance No. 2012-10 Regarding the Petition to
Amend Title 13 (13-1-101A); of the 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 follows:
AN ORDINANCE CREATING SECTION 13-1-101A, CODE OF ORDINANCES, BAYFIELD
COUNTY, WISCONSIN AND REGARDING THE PLANNING AND ZONING COMMITTEE RULES
AND PROCEDURES FOR CONFLICTS OF INTERESTS.
WHEREAS, Wisconsin Statutes §59.69 (2) authorizes the County Board to create a Planning and
Zoning Committee; and
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
228
WHEREAS, it is deemed in the best interest of the County of Bayfield to create Section 13-1-
101A Code of Ordinances, Bayfield County, Wisconsin to establish rules and procedures concerning
conflicts of interests for the Planning and Zoning Committee; 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 13-1-101A [Planning and Zoning Committee] 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 created to read as follows, with additions highlighted
by the underline feature (additions) and deletions highlighted by the strike out feature
(deletions):
Sec. 13-1-101A. Planning and Zoning Committee
(a) Authority. The Planning and Zoning Committee has been established pursuant to Section 59.69
(2) of the Wisconsin Statutes and assumes thereby, all responsibilities, duties and powers as
provided therein.
(b) Conflicts of Interest. Members of the Planning and Zoning Committee shall avoid conflicts of
interest. As used here, a conflict of interest shall include, but not necessarily be limited to, the
following:
(1) Reviewing, deliberating upon, or voting on an application concerning oneself or work on land
owned by oneself.
(2) Reviewing, deliberating upon, or voting on an application concerning a property located
adjacent to or within 1000 feet of one’s property.
(3) Reviewing, deliberating upon, or voting on an application involving a corporation, company,
partnership, or any other entity in which the person is a part owner, or has any other
relationship where the person may stand to have a financial gain or loss.
(4) Reviewing, deliberating upon, or voting on an application, if such action results in a
pecuniary benefit to oneself.
(5) Reviewing, deliberating upon, or voting on an application concerning one’s spouse, child,
stepchild, grandchild, brother, sister, parent, grandparent, or member of one’s household.
(6) Reviewing, deliberating upon, or voting on an application where an employee or employer of
the member is:
229
a. an applicant or agent for an applicant, or
b. has a direct interest in the outcome.
(7) When a conflict of interest exists, the member shall do all of the following upon
determining that a conflict exists:
a. declare that a conflict exists at the next meeting of the Planning and Zoning
Committee,
b. cease to participate at the Planning and Zoning Committee meetings pertaining to
the matter, until the matter giving rise to the conflict has been decided; and
refrain from representing oneself before the Planning and Zoning Committee or its
staff.
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.
Adopted by the Board of Supervisors of the County of Bayfield on the 27th day of
March, 2012.
By Action of the
Bayfield County Board of Supervisors
Attested to by:
William D. Kacvinsky, Chair
A motion was made by Rondeau/Kittleson to adopt Bayfield County Zoning Amendatory
Ordinance No. 2012-10 Regarding the Petition to Amend Title 13 (13-1-101A); of the Bayfield
County Code of Ordinances. The motion carried.
20. Report of the Bayfield County Planning and Zoning Committee Regarding the Petition
to Amend Title 13 (13-1-105) of the Bayfield County Code of Ordinances. The Board dispensed
with the reading of the report, which reads as follows:
230
TO: The County Board of Supervisors of Bayfield County on the hearing of petitions to amend the
Bayfield County Zoning Ordinance.
The Planning and Zoning Committee of the Bayfield County Board of Supervisors, having held a
public hearing pursuant to Section 59.69(5)(e), Wisconsin Statutes; notice thereof having been
given as provided by law; and having been duly informed of the facts pertinent to the following
changes; hereby recommends the following action on said petition:
AN ORDINANCE AMENDING SECTION 13-1-105, CODE OF ORDINANCES, BAYFIELD COUNTY,
WISCONSIN AND REGARDING THE PROCEDURE FOR REVIEW OF PETITIONS TO CHANGE
DISTRICT BOUNDARIES.
Section 13-1-105 [Rezoning] 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, with additions highlighted by the underline feature (additions) and
deletions highlighted by the strike out feature (deletions):
Sec. 13-1-105 Petition to Change District Boundaries. Rezoning.
The rezoning of a parcel of land, i.e. changing the zoning district boundaries on the county zoning map to
include the parcel in a different zoning district than that in which it is currently located, constitutes an
amendment of this ordinance, and accordingly, the procedure for amending county zoning ordinances set
forth in Section 59.69(5)(e) of the Wisconsin Statutes must be followed in making and considering any
rezoning request. The provisions of Section 104 of this Chapter also apply to such requests.
(a) Use of Bayfield County Land Use Plan and Comprehensive Plan. The Bayfield County Land Use
Plan and Comprehensive Plan will be used as a guide and tool in making informed zoning decisions
by the Planning and Zoning Committee.
(b) Decision Making Considerations. The review and recommendation of the Planning and Zoning
Committee and the decision of the County Board shall be based on the following:
(1) Zoning Ordinance
(2) Consistency with Town Comprehensive Plan.
(3) Review future land use map for future land use designation and narrative
(4) Review goals and objectives of the comprehensive plan
(5) Consideration of the Town Board Recommendation or resolution of disapproval
(6) Consistency with County Comprehensive and Land Use Plan
a. Proposed zoning is consistent with surrounding zoning districts and does not result
231
in spot zoning.
b. Proposed use is consistent with surrounding land uses
c. Rezoning is consistent with the county certified farmland preservation and managed
forest plan(s).
(7) Relevant Public Input
(8) The community or general welfare and economic impacts of the proposal.
(9) Consideration of the Departmental file report and site specific findings
The Planning and Zoning Committee shall state its reasons and rationale for its recommendation of
approval or denial of the petition in writing as required by Wis. Stat. § 59.69(5)(e)(4).
The Bayfield County Planning and Zoning Committee recommendation is: Be Approved
Date: March 15, 2012
BAYFIELD COUNTY PLANNING AND ZONING COMMITTEE
Kenneth Jardine, Harold A. Maki, Patricia Rantala, Brett T. Rondeau
A motion was made by Maki/Jardine to receive and place on file the Report of the Bayfield
County Planning and Zoning Committee Regarding the Petition to Amend Title 13 (13-1-105) of the
Bayfield County Code of Ordinances. The motion carried.
21. Bayfield County Zoning Amendatory Ordinance No. 2012-11, Regarding the Petition
to Amend Title 13 (13-1-105) of the 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 follows:
AN ORDINANCE AMENDING SECTION 13-1-105, CODE OF ORDINANCES, BAYFIELD COUNTY,
WISCONSIN AND REGARDING THE PROCEDURE FOR REVIEW OF PETITIONS TO CHANGE
DISTRICT BOUNDARIES.
WHEREAS, Wisconsin Statutes §59.69(4) authorizes the Bayfield County Board to establish
districts and adopt regulations for said districts; and
WHEREAS, Wisconsin Statutes §59.69(5)(e) authorizes the County Board to amend an ordinance;
and
232
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 13-1-105
Code of Ordinances, Bayfield County, Wisconsin so that the review, recommendation, and decision on
petitions to change district boundaries conform to the requirements of Wisconsin Statutes § 66.1001(3)
so that zoning ordinance amendments are consistent with Comprehensive Plans; 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 13-1-105 [Rezoning] 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, with additions highlighted by the underline feature
(additions) and deletions highlighted by the strike out feature (deletions):
Sec. 13-1-105 Petition to Change District Boundaries. Rezoning.
The rezoning of a parcel of land, i.e. changing the zoning district boundaries on the county zoning map to
include the parcel in a different zoning district than that in which it is currently located, constitutes an
amendment of this ordinance, and accordingly, the procedure for amending county zoning ordinances set
forth in Section 59.69(5)(e) of the Wisconsin Statutes must be followed in making and considering any
rezoning request. The provisions of Section 104 of this Chapter also apply to such requests.
(a) Use of Bayfield County Land Use Plan and Comprehensive Plan. The Bayfield County Land Use
Plan and Comprehensive Plan will be used as a guide and tool in making informed zoning decisions
by the Planning and Zoning Committee.
(b) Decision Making Considerations. The review and recommendation of the Planning and Zoning
Committee and the decision of the County Board shall be based on the following:
Zoning Ordinance
(a) Consistency with Town Comprehensive Plan.
(b) Review future land use map for future land use designation and narrative
(c) Review goals and objectives of the comprehensive plan
(d) Consideration of the Town Board Recommendation or resolution of disapproval
233
(e) Consistency with County Comprehensive and Land Use Plan
i. Proposed zoning is consistent with surrounding zoning districts and does not result
in spot zoning.
ii. Proposed use is consistent with surrounding land uses
iii. Rezoning is consistent with the county certified farmland preservation and managed
forest plan(s).
(f) Relevant Public Input
(g) The community or general welfare and economic impacts of the proposal.
(h) Consideration of the Departmental file report and site specific findings
(i) The Planning and Zoning Committee shall state its reasons and rationale for its recommendation
of approval or denial of the petition in writing as required by Wis. Stat. § 59.69(5)(e)(4).
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.
Adopted by the Board of Supervisors of the County of Bayfield on the 27th day of March,
2012.
By Action of the
Bayfield County Board of Supervisors
Attested to by:
William D. Kacvinsky, Chair
A motion was made by Crandall/Rondeau to adopt Bayfield County Zoning Ordinance No.
2012-11 Regarding the Petition to Amend Title 13 (13-1-105) of the Bayfield County Code of
Ordinances. The motion carried.
234
22. Report of the Bayfield County Planning and Zoning Committee Regarding the Town of
Clover Rezone from Agricultural-One (Ag-1) to Municipal (M); Agricultural-One (Ag-1) to Municipal
(M); Forestry-One (F-1) to Municipal (M); Forestry-One (F-1) to Municipal (M); Forestry-One (F-
1) to Municipal (M), Town of Clover, Bayfield County, WI. Supervisor Rondeau explained. The
Board dispensed with the reading of the Report, which reads as follows:
TO: The County Board of Supervisors of Bayfield County on the hearing of petitions to amend the
Bayfield County Zoning Ordinance.
The Planning and Zoning Committee of the Bayfield County Board of Supervisors, having held a
public hearing pursuant to Section 59.69(5)(e), Wisconsin Statutes; notice thereof having been
given as provided by law; and having been duly informed of the facts pertinent to the following
changes; hereby recommends the following action on said petition:
The Zoning of Town of Clover, owner and Jane Bucy, agent 126-acre parcel(s) described as follows:
A 1-acre parcel (ID #04-014-2-50-07-10-1 04-000-40000), described as a parcel of land located
in the Southeast Corner of the Southeast Quarter of the Northeast Quarter (SE, SE ¼ NE ¼ ),
Section 10, Township 50 North, Range 07 West, Town of Clover, Bayfield County, WI be changed
from Agricultural-One (Ag-1) to Municipal (M).
A 5-acre parcel (ID #04-014-2-50-07-10-4-04-000-30000), located in part of the Southeast
Quarter of the Northeast Quarter (SE¼ NE¼), further described as: commencing on the
Southeast corner of the Northeast Quarter of Section 10, in Township 50 North, Range 07
West; thence running North three hundred thirteen and one-half feet; thence running in a
Westerly direction, along the highway five hundred twenty-two and one-half feet; thence South
to the quarter line three hundred thirteen and one-half feet; thence East to the commencing
point; excepting therefrom one acre already deeded for cemetery in the corner; Town of Clover,
Bayfield County, WI be changed from Agricultural-One (Ag-1) to Municipal (M).
A 40-acre parcel (ID #04-014-2-50-07-10-4-01-000-10000), located in Northeast Quarter of
the Southeast Quarter (NE¼, SE¼), Section 10, Township 50 North, Range 07 West, Town of
Clover, Bayfield County, WI be changed from Forestry-One (F-1) to Municipal (M).
A 40-acre parcel (ID #04-014-2-50-07-10-4-04-000-10000), located in Southeast Quarter of
the Southeast Quarter (SE¼ SE¼), Section 10, Township 50 North, Range 07 West, Town of
Clover, Bayfield County, WI be changed from Forestry-One (F-1) to Municipal (M).
A 40-acre parcel (ID #04-014-2-50-07-11-3-03-000-10000), located in Southwest Quarter of
the Southwest Quarter (SW¼ SW¼), Section 11, Township 50 North, Range 07 West, Town of
Clover, Bayfield County, WI be changed from Forestry-One (F-1) to Municipal (M).
The Bayfield County Planning and Zoning Committee recommendation is: Be Approved
235
Date: March 15, 2012
BAYFIELD COUNTY PLANNING AND ZONING COMMITTEE
Kenneth Jardine, Harold A. Maki, Patricia Rantala, Brett T. Rondeau
A motion was made by Rondeau/Jardine to receive and place on file the Report of the
Bayfield County Planning and Zoning Committee Regarding the Town of Clover Rezone from
Agricultural-One (Ag-1) to Municipal (M); Agricultural-One (Ag-1) to Municipal (M); Forestry-One
(F-1) to Municipal (M); Forestry-One (F-1) to Municipal (M); Forestry-One (F-1) to Municipal (M),
Town of Clover, Bayfield County, WI. The motion carried.
23. Bayfield County Zoning Amendatory Ordinance No. 2012-12 Regarding the Town of
Clover Rezone from Agricultural-One (Ag-1) to Municipal (M); Agricultural-One (Ag-1) to Municipal
(M); Forestry-One (F-1) to Municipal (M); Forestry-One (F-1) to Municipal (M); Forestry-One (F-
1) to Municipal (M), Town of Clover, Bayfield County, WI. 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:
The Zoning of Town of Clover, owner and Jane Bucy, agent 126-acre parcel(s) described as follows:
A 1-acre parcel (ID #04-014-2-50-07-10-1 04-000-40000), described as a parcel of land located
in the Southeast Corner of the Southeast Quarter of the Northeast Quarter (SE, SE ¼ NE ¼ ),
Section 10, Township 50 North, Range 07 West, Town of Clover, Bayfield County, WI be changed
from Agricultural-One (Ag-1) to Municipal (M).
A 5-acre parcel (ID #04-014-2-50-07-10-4-04-000-30000), located in part of the Southeast
Quarter of the Northeast Quarter (SE¼ NE¼), further described as: commencing on the
Southeast corner of the Northeast Quarter of Section 10, in Township 50 North, Range 07
West; thence running North three hundred thirteen and one-half feet; thence running in a
Westerly direction, along the highway five hundred twenty-two and one-half feet; thence South
to the quarter line three hundred thirteen and one-half feet; thence East to the commencing
point; excepting therefrom one acre already deeded for cemetery in the corner; Town of Clover,
Bayfield County, WI be changed from Agricultural-One (Ag-1) to Municipal (M).
A 40-acre parcel (ID #04-014-2-50-07-10-4-01-000-10000), located in Northeast Quarter of
the Southeast Quarter (NE¼, SE¼), Section 10, Township 50 North, Range 07 West, Town of
Clover, Bayfield County, WI be changed from Forestry-One (F-1) to Municipal (M).
A 40-acre parcel (ID #04-014-2-50-07-10-4-04-000-10000), located in Southeast Quarter of
the Southeast Quarter (SE¼ SE¼), Section 10, Township 50 North, Range 07 West, Town of
Clover, Bayfield County, WI be changed from Forestry-One (F-1) to Municipal (M).
236
A 40-acre parcel (ID #04-014-2-50-07-11-3-03-000-10000), located in Southwest Quarter of
the Southwest Quarter (SW¼ SW¼), Section 11, Township 50 North, Range 07 West, Town of
Clover, Bayfield County, WI be changed from Forestry-One (F-1) to Municipal (M).
Adopted by the Board of Supervisors of the County of Bayfield on the 27th day of March,
2012.
By Action of the
Bayfield County Board of Supervisors
Attested to by:
William D. Kacvinsky, Chair
A motion was made by Jardine/Bennett to adopt Bayfield County Zoning Amendatory
Ordinance No. 2012-12, Regarding the Town of Clover Rezone from Agricultural-One (Ag-1) to
Municipal (M); Agricultural-One (Ag-1) to Municipal (M); Forestry-One (F-1) to Municipal (M);
Forestry-One (F-1) to Municipal (M); Forestry-One (F-1) to Municipal (M), Town of Clover,
Bayfield County, WI. The motion carried.
24. Report of the Bayfield County Planning and Zoning Committee Regarding the Town of
Clover Rezone from Residential-Recreational Business (R-RB) to Municipal (M), Town of Clover,
Bayfield County, WI. The Board dispensed with the reading of the Report, which reads as follows:
TO: The County Board of Supervisors of Bayfield County on the hearing of petitions to amend the
Bayfield County Zoning Ordinance.
The Planning and Zoning Committee of the Bayfield County Board of Supervisors, having held a
public hearing pursuant to Section 59.69(5)(e), Wisconsin Statutes; notice thereof having been
given as provided by law; and having been duly informed of the facts pertinent to the following
changes; hereby recommends the following action on said petition:
The Zoning of Town of Clover, owner and Jane Bucy, agent 50.45-acre parcel (ID# 04-014-2-50-07-
04-3 05-004-10000), located in Government Lot Four (GL 4), less the part described in Volume 114 of
Deeds, Page 487, Section Four (4), Township Fifty (50) North, Range Seven (7) West, Town of Clover,
Bayfield County, Wisconsin be changed from Residential-Recreational Business (R-RB) to Municipal
(M). (* Note: parcels within one thousand (1,000) feet landward of the ordinary high water mark of
navigable lakes, ponds or flowages or within three hundred (300) feet landward of the ordinary high
water mark of navigable rivers or streams or to the landward side of the floodplain, whichever distance
is greater is deemed a shoreland and/or wetland zone).
The Bayfield County Planning and Zoning Committee recommendation is: Be Approved
Date: March 15, 2012
BAYFIELD COUNTY PLANNING AND ZONING COMMITTEE
Kenneth Jardine, Harold A. Maki, Patricia Rantala, Brett T. Rondeau
237
A motion was made by Rondeau/Bennett to receive and place on file the Report of the
Bayfield County Planning and Zoning Committee Regarding the Town of Clover Rezone from
Residential-Recreational Business (R-RB) to Municipal (M), Town of Clover, Bayfield County, WI.
The motion carried.
25. Bayfield County Zoning Amendatory Ordinance No. 2012-13, Regarding the Town of
Clover Rezone from Residential-Recreational Business (R-RB) to Municipal (M), Town of Clover,
Bayfield County, WI. 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:
The Zoning of Town of Clover, owner and Jane Bucy, agent 50.45-acre parcel (ID# 04-014-2-50-07-
04-3 05-004-10000), located in Government Lot Four (GL 4), less the part described in Volume 114 of
Deeds, Page 487, Section Four (4), Township Fifty (50) North, Range Seven (7) West, Town of Clover,
Bayfield County, Wisconsin be changed from Residential-Recreational Business (R-RB) to Municipal
(M). (* Note: parcels within one thousand (1,000) feet landward of the ordinary high water mark of
navigable lakes, ponds or flowages or within three hundred (300) feet landward of the ordinary high
water mark of navigable rivers or streams or to the landward side of the floodplain, whichever distance
is greater is deemed a shoreland and/or wetland zone).
Adopted by the Board of Supervisors of the County of Bayfield on the 27th day of March,
2012.
By Action of the
Bayfield County Board of Supervisors
Attested to by:
William D. Kacvinsky, Chair
A motion was made by Rondeau/Maki to adopt Bayfield County Zoning Amendatory Ordinance
No. 2012-13 Regarding the Town of Clover Rezone from Residential-Recreational Business (R-RB)
to Municipal (M), Town of Clover, Bayfield County, WI. The motion carried.
26. Report of the Bayfield County Planning and Zoning Committee Regarding the Town of
Clover Rezone from Residential-Recreational Business (R-RB) to Municipal (M), Town of Clover,
Bayfield County, WI. 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
238
given as provided by law; and having been duly informed of the facts pertinent to the following
changes; hereby recommends the following action on said petition:
The Zoning of Town of Clover, owner and Jane Bucy, agent 6.07-acre parcel(s) (ID#’s: #04-004-2-
50-07-08-1-00-125-15000 & #04-014-2-50-07-08-1-00-322-03000 and #04-014-2-50-07-08-1-00-
322-07000), located in:
Lot Fifteen (15) and the West Half of Lot Sixteen (16) of the subdivision of Lot Two (2) of
Robert Bartlett Jr’s Second Addition to Orchard City;
Lot Three (3) of Robert Bartlett Jr’s Second Addition to Orchard City, lying East of Town Road;
and
Lot Six (6) of Robert Bartlett Jr’s Second Addition to Orchard City, lying East of the Town Road.
All in Section Eight (08), Township Fifty (50) North, Range Seven (07) West, Town of Clover, Bayfield
County, Wisconsin be changed from Residential-Recreational Business (R-RB) to Municipal (M).
The Bayfield County Planning and Zoning Committee recommendation is: Be Approved
Date: March 15, 2012
BAYFIELD COUNTY PLANNING AND ZONING COMMITTEE
Kenneth Jardine, Harold A. Maki, Patricia Rantala, Brett T. Rondeau
A motion was made by Crandall/Rondeau to receive and place on file the Report of the
Bayfield County Planning and Zoning Committee Regarding the Town of Clover Rezone from
Residential-Recreational Business (R-RB) to Municipal (M), Town of Clover, Bayfield County, WI.
The motion carried.
27. Bayfield County Zoning Amendatory Ordinance No. 2012-14 Regarding the Town of
Clover Rezone from Residential-Recreational Business (R-RB) to Municipal (M), Town of Clover,
Bayfield County, WI. 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:
The Zoning of Town of Clover, owner and Jane Bucy, agent 6.07-acre parcel(s) (ID#’s: #04-004-2-
50-07-08-1-00-125-15000 & #04-014-2-50-07-08-1-00-322-03000 and #04-014-2-50-07-08-1-00-
322-07000), located in:
Lot Fifteen (15) and the West Half of Lot Sixteen (16) of the subdivision of Lot Two (2) of
Robert Bartlett Jr’s Second Addition to Orchard City;
239
Lot Three (3) of Robert Bartlett Jr’s Second Addition to Orchard City, lying East of Town Road;
and
Lot Six (6) of Robert Bartlett Jr’s Second Addition to Orchard City, lying East of the Town Road.
All in Section Eight (08), Township Fifty (50) North, Range Seven (07) West, Town of Clover, Bayfield
County, Wisconsin be changed from Residential-Recreational Business (R-RB) to Municipal (M).
Adopted by the Board of Supervisors of the County of Bayfield on the 27th day of March,
2012.
By Action of the
Bayfield County Board of Supervisors
Attested to by:
William D. Kacvinsky, Chair
A motion was made by Crandall/Rondeau to adopt Bayfield County Amendatory Zoning
Ordinance No. 2012-14, Regarding the Town of Clover Rezone from Residential-Recreational
Business (R-RB) to Municipal (M), Town of Clover, Bayfield County, WI. The motion carried.
28. Report of the Bayfield County Planning and Zoning Committee Regarding the Town of
Clover Rezone from Commercial (C) to Municipal (M), Town of Clover, Bayfield County, WI. The
Board dispensed with the reading of the Report, which reads as follows:
TO: The County Board of Supervisors of Bayfield County on the hearing of petitions to amend the
Bayfield County Zoning Ordinance.
The Planning and Zoning Committee of the Bayfield County Board of Supervisors, having held a
public hearing pursuant to Section 59.69(5)(e), Wisconsin Statutes; notice thereof having been
given as provided by law; and having been duly informed of the facts pertinent to the following
changes; hereby recommends the following action on said petition:
The Zoning of Town of Clover, owner and Jane Bucy, agent 0.32-acre parcel(s) (ID#’s: #04-014-2-
50-07-08-1-00-238-52000 & 04-014-2-50-07-08-1-00-238-53000), described as: Lot(s) Seven (7) and
Eight (8); Block Nine (9), Plat of Orchard City, Section Eight (08), Township Fifty (50) North, Range
Seven (07) West, Town of Clover, Bayfield County, Wisconsin be changed from Commercial (C) to
Municipal (M).
The Bayfield County Planning and Zoning Committee recommendation is: Be Approved.
Date: March 15, 2012
BAYFIELD COUNTY PLANNING AND ZONING COMMITTEE
240
Kenneth Jardine, Harold A. Maki, Patricia Rantala, Brett T. Rondeau
A motion was made by Maki/Jardine to receive and place on file the Report of the Bayfield
County Planning and Zoning Committee Regarding the Town of Clover Rezone from Commercial (C) to
Municipal (M), Town of Clover, Bayfield County, WI. The motion carried.
29. Bayfield County Zoning Amendatory Ordinance No. 2012-15, Regarding the Town of
Clover Rezone from Commercial (C) to Municipal (M), Town of Clover, Bayfield County, WI. 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:
The Zoning of Town of Clover, owner and Jane Bucy, agent 0.32-acre parcel(s) (ID#’s: #04-014-2-
50-07-08-1-00-238-52000 & 04-014-2-50-07-08-1-00-238-53000), described as: Lot(s) Seven (7) and
Eight (8); Block Nine (9), Plat of Orchard City, Section Eight (08), Township Fifty (50) North, Range
Seven (07) West, Town of Clover, Bayfield County, Wisconsin be changed from Commercial (C) to
Municipal (M).
Adopted by the Board of Supervisors of the County of Bayfield on the 27th day of March,
2012.
By Action of the
Bayfield County Board of Supervisors
Attested to by:
William D. Kacvinsky, Chair
A motion was made by Rondeau/Kittleson to adopt Bayfield County Zoning Amendatory
Ordinance No. 2012-15, Regarding the Town of Clover Rezone from Commercial (C) to Municipal
(M), Town of Clover, Bayfield County, WI. The motion carried.
30. Report of the Bayfield County Planning and Zoning Committee Regarding the Town of
Clover Rezone from Residential-Recreational Business (RRB) to Municipal (M), Town of Clover,
Bayfield County, WI. The Board dispensed with the reading of the Report, which reads as follows:
TO: The County Board of Supervisors of Bayfield County on the hearing of petitions to amend the
Bayfield County Zoning Ordinance.
The Planning and Zoning Committee of the Bayfield County Board of Supervisors, having held a
public hearing pursuant to Section 59.69(5)(e), Wisconsin Statutes; notice thereof having been
given as provided by law; and having been duly informed of the facts pertinent to the following
changes; hereby recommends the following action on said petition:
241
The Zoning of Town of Clover, owner and Jane Bucy, agent; 0.94-acre parcel(s) (ID #’s: #04-014-2-
50-07-05-4-00-122-19000; #04-014-2-50-07-05-4-00-122-20000; #04-014-2-50-07-05-4-00-122-
2100; and #04-014-2-50-07-05-4-00-122-22000), located in:
Lot(s): Two (2); Three (3); Four (4); and Five (5), Block Three (3) of Robert Bartlett Jr. Addition
to Orchard City,
All located in Section Five (05), Township Fifty (50) North, Range Seven (07) West, Town of Clover,
Bayfield County, WI be changed from Residential-Recreational Business (R-RB) to Municipal (M). (*
Note: parcels within one thousand (1,000) feet landward of the ordinary high water mark of
navigable lakes, ponds or flowages or within three hundred (300) feet landward of the ordinary high
water mark of navigable rivers or streams or to the landward side of the floodplain, whichever
distance is greater is deemed a shoreland and/or wetland zone).
The Bayfield County Planning and Zoning Committee recommendation is: Be Approved
Date: March 15, 2012
BAYFIELD COUNTY PLANNING AND ZONING COMMITTEE
Kenneth Jardine, Harold A. Maki, Patricia Rantala, Brett T. Rondeau
A motion was made by Rondeau/Bennett to receive and place on file the Report of the
Bayfield County Planning and Zoning Committee Regarding the Town of Clover Rezone from
Residential-Recreational Business (RRB) to Municipal (M), Town of Clover, Bayfield County, WI.
The motion carried.
31. Bayfield County Zoning Amendatory Ordinance No. 2012-16, Regarding the Town of
Clover Rezone from Residential-Recreational Business (RRB) to Municipal (M), Town of Clover,
Bayfield County, WI. 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:
The Zoning of Town of Clover, owner and Jane Bucy, agent; 0.94-acre parcel(s) (ID #’s: #04-014-2-
50-07-05-4-00-122-19000; #04-014-2-50-07-05-4-00-122-20000; #04-014-2-50-07-05-4-00-122-
2100; and #04-014-2-50-07-05-4-00-122-22000), located in:
Lot(s): Two (2); Three (3); Four (4); and Five (5), Block Three (3) of Robert Bartlett Jr. Addition
to Orchard City,
All located in Section Five (05), Township Fifty (50) North, Range Seven (07) West, Town of Clover,
Bayfield County, WI be changed from Residential-Recreational Business (R-RB) to Municipal (M). (*
Note: parcels within one thousand (1,000) feet landward of the ordinary high water mark of
242
navigable lakes, ponds or flowages or within three hundred (300) feet landward of the ordinary high
water mark of navigable rivers or streams or to the landward side of the floodplain, whichever
distance is greater is deemed a shoreland and/or wetland zone).
Adopted by the Board of Supervisors of the County of Bayfield on the 27th day of March,
2012.
By Action of the
Bayfield County Board of Supervisors
Attested to by:
William D. Kacvinsky, Chair
A motion was made by Rondeau/Crandall to adopt Bayfield County Zoning Amendatory
Ordinance No. 2012-16 Regarding the Town of Clover Rezone from Residential-Recreational
Business (RRB) to Municipal (M), Town of Clover, Bayfield County, WI. The motion carried.
32. 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 by law; 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.
243
(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 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) Pre-existing 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 and Zoning Committee recommendation is: To Be Denied.
Date: December 15, 2011
BAYFIELD COUNTY PLANNING AND ZONING COMMITTEE
Kenneth Jardine, Harold A. Maki, Patricia Rantala, Shawn Miller, Brett T. Rondeau
244
A motion was made by Miller/Maki to receive and place on file the Report of the Bayfield
County Planning and Zoning Committee Regarding Section 13-1-68, Town of Lincoln Overlay District
Bayfield County Code of Ordinances. The motion carried.
33. Bayfield County Zoning Amendatory 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 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:
SEC. 13-1-68 Town of Lincoln Overlay District
(h) Applicability. The Town of Lincoln Overlay District shall apply to and include all lands within the
Town of Lincoln.
(i) 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.
(j) Definitions. All terms used herein shall be as defined in Sec. 13-1-4.
(k) 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 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).
(l) 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
245
adoption ) shall not be subject to the dimensional requirements of this section. Further division
of such parcels shall be governed by this section.
(m) Pre-existing 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.
(n) 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.
By Action of the
Bayfield County Board of Supervisors
Attested to by:
William D. Kacvinsky, Chair
A motion was made by Rondeau/Maki to uphold the recommendation of the Zoning Committee
which was to deny the Town of Lincoln Overlay District. Discussion took place regarding the fact
that this had been sent back to the Zoning Committee for further explanation as to why it was denied in
the first place. The reasons are explained as such:
1) Protection already exists in Ordinance requirements, specifically, Section 13-1-29(b)(4) of
the zoning Code.
2) The overlay contradicts land use plans, comprehensive plans and the Bayfield County
Ordinance requirements for Multiple Use Developments and Conservation Subdivisions. The
County Land Use Plan encourages Multiple Use Developments and Conservation Subdivisions
by virtue of cluster development, and maintenance of open spaces. Such developments may
be impeded if density requirements of Multiple Unit Developments and Conservation
Subdivisions are too restrictive.
3) The Committee gave careful consideration of testimony from land owners speaking in
support and opposition to the proposed overlay.
4) Impact has not been measured or identified; however, it is believed that there is limited
property subject to Multiple Unit Developments in the town.
5) There is no actual requires or immediate threat of this occurring and no existing Multiple
Unit Developments in the Town.
246
6) Overlay zoning was a land use tool that pre-existed comprehensive planning and
requirements for consistency. The need of overlay districts is diminished by virtue of the
adoption of the county and town comprehensive plans.
7) This proposal eliminates discussion of flexibility and dictates by prohibition.
8) It is not a parcel of resource specific.
9) Statute requires the County Ordinance to be final zoning authority and complaint with
“consistency with.”
10) Pending Ordinance requirements pertaining to the decision making procedure will address
issues specifically, proposed changes to 13-1-41 of the Zoning Code.
Discussion took place amongst the Board and Supervisor Bussey stated that we should uphold the
decision of the Zoning Committee as the reasons for their denial are explained outright. Supervisor
Jardine asked that Kastrosky be allowed to speak again and the Board agreed. Kastrosky spoke on the
Town of Cable’s overlay and how it differed from that of the Town of Lincoln’s. Parcels should be more
parcel specific instead of a blanket approval. Supervisor Jardine also stated that this was not the
recommendation of Kastrosky but that of the Zoning Committee. There being no further discussion, the
Board voted on the motion which was to uphold the recommendation of the Zoning Committee which was
to deny the Town of Lincoln Overlay District. The motion carried.
34. Bayfield County Resolution No. 2012-11, Honoring William D. Kacvinsky upon his
Retirement from the Bayfield County Board of Supervisors. The Resolution was read by Supervisor
Crandall, which reads as follows:
WHEREAS, William D. Kacvinsky of 71320 Range Road, Ashland, WI 54806, has served on the
Bayfield County Board of Supervisors with distinction, honor and dedication over the last Fourteen (14 )
years; and
WHEREAS, during those fourteen (14) years, Bill touched the lives of numerous employees and
citizens of Bayfield County in a positive way and was a friend to many residents and employees as well.
NOW, THEREFORE, BE IT RESOLVED, that the Bayfield County Board of Supervisors
assembled this 27th day of March, 2012, honors William D. Kacvinsky for his fourteen (14) years of
public service to Bayfield County and express their gratitude for his efforts, wishing him well in the
years ahead; and
BE IT FURTHER RESOLVED, that a copy of this Resolution be forwarded to Mr. Kacvinsky
71320 Range Road, Ashland, WI 54806.
By Action of the
Bayfield County Board of Supervisors
Attested to by:
Delores Kittleson, Vice-Chair
247
A motion was made by Crandall/Meyers to adopt Bayfield County Resolution No. 2012-11,
Honoring William D. Kacvinsky upon his Retirement from the Bayfield County Board of Supervisors.
The motion carried.
35. Administrator’s Report:
a) April 17th – 9:00 a.m. Swearing in of 2012-14 County Board of Supervisors. Regular
monthly and organizational meeting occur immediately afterwards. There will also
be some training that same day.
b) Legislative Update: Fibert reported that the mining issue is still being looked at; a
Judge in Dane County has placed an injunction on the Voter ID, which presently will
not be required for the April 3rd election.
c) Election Schedule: Fibert reported on the County Board races. Dennis Pocernich is
running for District 7, which is open and unopposed, and he is in the audience this
evening. Rachel Coughtry is running against Marco Bichanich for District 10; Rachel
is in the audience this evening as well; Neil Schultz is running against and Patti
Rantala for District 8; and Jon Nelson is running against Bill Bussey in District 2.
We have a recall election dates of May 8th and June 5th.
d) Transition Committee Update. We had a good meeting this past Wednesday, very
educational. Andy Phillips was present as well as approximately 15 employees. The
focus was on the Fair Labor Standards Act and we went through in detail on
changes that were needed. There is a Wage Study Committee that has been
formed and it was suggested that Bayfield County be a part of that Committee
having Abeles-Allison on the Committee. We are trying to see if there is a better
way to address wage classifications that we presently have in place now. Supervisor
Miller also encouraged other Board members to come to the meeting. The next
meeting will be held on May 16th at 4:00 pm in the EOC.
Chairman Kacvinsky thanked everyone for his recognition and send off this evening and for the
many years everyone has worked together. He said it has truly been a pleasure. Kacvinsky adjourned
the meeting at 7:35 p.m.
Respectfully submitted,
Scott S. Fibert,
Bayfield County Clerk