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HomeMy WebLinkAboutCounty Board of Supervisors - Minutes - 7/31/2012222 Minutes of the Bayfield County Board of Supervisors’ Meeting Of July 31, 2012 – 6:00 p.m. Bayfield County Board Room, Courthouse, Washburn, Wisconsin The monthly meeting of the Bayfield County Board of Supervisors was called to order by Chairman Miller at 6:00 p.m. Roll call was taken by Bayfield County Clerk, Scott Fibert as follows: Meyers-present; Bussey-present; Jardine-present; Maki-present; Kittleson-present; Bennett-present; Pocernich-present; Schultz-present; Williams-present; Bichanich-present; Miller-present; Crandall-present; Rondeau-present. Total 13: 13 present, 0 absent. A quorum was present to conduct business. The following were also present for the meeting: County Administrator, Mark Abeles-Allison; Deputy County Clerk, Dawn Bellile; Karl Kastrosky, Zoning Director; Kay Cederberg, Clerk of Circuit Court; Craig Haukaas, District Attorney; John Anderson, Circuit Court Judge; Elizabeth Skulan, Human Services Director; Carrie Linder, Aging & Disabilities Service Manager; Jan Victorson, Emergency Management Coordinator; Gene Jordan, Northern Lights Manor Nursing Home Director; and Richard Pufall, Reporter for The Daily Press; and many community residents. The Pledge of Allegiance was recited by all in attendance. 1. Motion Regarding Minutes of May 29, 2012 and June 19, 2012 Bayfield County Board of Supervisors’ Meeting. A motion was made by Rondeau/Kittleson to adopt the Minutes of May 29, 2012 Bayfield County Board of Supervisors’ Meeting. Supervisor Schultz pointed out that at the May meeting, he made a recommendation that the County Administrator send a memo to department heads requesting from them any information they have on what services they provide that could easily be contracted out, what would be more difficult to and what would not be possible to do, and to have the Administrator review this. He did not see this in the Transition Committee Report in the minutes and would like them to reflect this. Further discussion took place stating that the minutes do not reflect everything word for word and that it was not a motion. He was asked if he wanted the minutes to reflect this and he said yes. Bellile will incorporate this language into the May minutes. The motion carried. A motion was made by Bussey/Rondeau to adopt the Minutes of June 19, 2012 Bayfield County Board of Supervisors’ Meeting. The motion carried. 2. Public Comment. Jan Victorson, Emergency Management Coordinator, was present to update the Board on where Bayfield County stands as far as FEMA funds. She passed out a document “Governor Walker Announces Disaster Assistance for Northern Wisconsin Flood Victims” and a 3-ring binder for the Board to review. Victorson reported that FEMA came in 1½ weeks ago and took pictures of the flood damage to our surrounding areas. Bayfield County has approximately $1 million in damage from the rain and flash flooding. Victorson further reported that there is assistance available in the form of low interest loans up to $200,000 to homeowners to repair or replace damaged or destroyed homes. Homeowners and renters are eligible up to $40,000 to 223 repair or replace damaged or destroyed personal property. There will be more information following shortly for disaster assistance. The Board thanked Victorson for her update. At this time, Supervisor Maki, stated that a motion was passed at a prior meeting that all minutes would be given to Board Supervisors. He asked why this is not happening. Abeles- Allison stated that both minutes and executive session minutes are being sent to the Board’s drop boxes and e-mailed to their county addresses but copies of executive session minutes are not to be sent out due to their confidential information. 3. Bayfield County Resolution No. 2012-36, Honoring Fred Erickson Upon His Retirement from the Bayfield County Highway Department. The Board dispensed with the reading of the Resolution, which reads as follows: WHEREAS, Fred Erickson has served Bayfield County with distinction, honor and dedication in the Highway Department for 20 years; and WHEREAS, during those 20 years, Fred has 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 31st day of July, 2012, honors Fred Erickson for his 20 years of public service to Bayfield County and expresses gratitude for his efforts, wishing him well in the years ahead. By Action of the Bayfield County Board of Supervisors Shawn W. Miller, Chairman A motion was made by Schultz/Bussey to adopt Bayfield County Resolution No. 2012-36, Honoring Fred Erickson Upon His Retirement from the Bayfield County Highway Department. Abeles-Allison stated that a retirement party was held for Erickson at the Highway Garage and he was presented with a plaque from the Bayfield County Board of Supervisors. We will send his resolution and plaque to him. The Motion Carried. 4. Bayfield County Resolution No. 2012-37,Gary Suo Upon His Retirement from the Bayfield County Highway Department. The Board dispensed with the reading of the Resolution, which reads as follows: WHEREAS, Gary Suo has served Bayfield County with distinction, honor and dedication in the Highway Department for 25 years; and WHEREAS, during those 25 years, Gary has 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 31st day of July, 2012, honors Gary Suo for his 25 years of public service to Bayfield County and expresses gratitude for his efforts, wishing him well in the years ahead. By Action of the Bayfield County Board of Supervisors Shawn W. Miller, Chairman 224 A motion was made by Bichanich/Pocernich to adopt Bayfield County Resolution No. 2012-37, Honoring Gary Suo Upon His Retirement from the Bayfield County Highway Department. Again, retirement party was held for Sue at the Highway Garage and he was presented with a plaque from the Bayfield County Board of Supervisors. We will send his resolution and plaque to him. The Motion Carried. 5. Presentation of 2011 Clerk of Circuit Court Annual Report – Kay Cederberg, Clerk of Court. A packet was presented to the Board at last month’s meeting to review so the same could be discussed together at this month’s meeting. Kay Cederberg, Clerk of Circuit Court, was present to answer any questions the Board may have for her regarding Annual Report. (A copy of the report is on file in the County Clerk’s office for review). Cederberg stated that there will be significant challenges for 2013. Presently, guardian ad-litem, criminal, mental health case, and emergency detention fees are her budget’s highest expenses. There is a tremendous amount that Cederberg’s office tries to collect on in relation to traffic and fine forfeitures per Wisconsin Statutes. The fees are court ordered, and to her knowledge there is not a statute of limitations for collecting on the fees. Some counties write them off after a number of years, but Bayfield County does not. Her office does whatever it can do before it is turned over to a collection agency. These fines are usually for cases that are from 2009 and older. Discussion took place on who pays for a jury. Cederberg elaborated on this topic and also stated that there is no reimbursement from the State on this. Cederberg informed the Board that something they should be aware of is the rise in criminal cases. While these are going up, the amount of traffic citations is actually declining. The Board thanked Cederberg for her report. A motion was made by Rondeau/Bennett to receive and place on file the 2011 Clerk of Circuit Court Annual Report. The motion carried. 6. Presentation of Criminal Justice Report – Brenda Spurlock. Spurlock was present to give her report and answer questions as to how the Criminal Justice Department is operating. The criminal justice system is working much better than in previous years and it is showing. Spurlock reported that she is very appreciative of the County Board’s support for helping with this. In April of 2011, Bayfield County received funding from the Office of Justice Assistance (OJA) to launch a new court initiative titled Risk Reduction Treatment Court (RRTC). This hybrid “problem solving” court enhances current Bayfield County Circuit Court and works cooperatively with the Red Cliff Tribal Court to heighten community safety by focusing on repeat drunk driving offenders, offenders with a mental disorder, domestic violence offenders, and offenders whose criminal activities involved a component of drug and alcohol abuse We are changing the way we do business and working in a more cost-effective way. We have changed the way the team plays are using the jail in a more efficient way. Currently we have 29 participants. The Supervisors asked questions of Spurlock which she in turn answered. At this point, District Attorney, Craig Haukaas spoke. He stated that he echoed what Spurlock stated – this is the best program that we have had. The participants have to do counseling, education, and whatever else the case manager has set up for them. This is a savings for the District Attorney as he doesn’t have to prosecute them again. When an individual agrees to go through the classes, they are run through the program once. If the individual does everything by the book, it is wonderful. If the individual backs out, for whatever 225 reason, this will have meant that they violated the agreement, and they go back to jail. There is no second chance. Discussion took place on how this program relates to the TAD program. The TAD program manager has been in touch with her and is going to try to transfer funds to last until the end of the year for the RRTC Program. Spurlock has also applied for other grants. Judge Anderson, stated that this program has been in place for 10 years; the first few years being the learning years. We have now spent some dollars on the program to make it work more efficiently and it is working. We have figured out how to make it work, this is a good program. The Board thanked Spurlock, Haukaas, and Anderson for their input on the system. A motion was made by Rondeau/Bichanich to receive and place on file the report of the Criminal Justice Program as presented. The motion carried. 7. Bayfield County Resolution No. 2012-34, FIT Families Grant. Terri Kramolis, Health Director, was not able to be present this evening, however Abeles-Allison explain the resolution in her absence. The Board dispensed of the reading of the resolution, which reads as follows: WHEREAS, the Bayfield County Health Department has received a FIT Families Grant in the amount of $10,000. The focus of this grant is to work with families of children ages two to four that are overweight or obese; working with families that would be interested in learning about increasing physical activity, increasing the amounts of fruits and vegetables, etc. It is a component of the WIC Grant and has been proven to be highly successful. Total award beginning October 1, 2012 and to be expended by September 30, 2013; and WHEREAS, the 2012 Budget does not contain any projections to account for any revenue or expenditures for said grant; and WHEREAS, it is the desire of the Bayfield County Board of Health to accept and expend said grant in 2012 – 2013. NOW, THEREFORE, BE IT RESOLVED, that the Bayfield County Board of Supervisors assembled this the 31st day of July, 2012, hereby authorizes the increase of Revenue Account Number 100-20-43550-011 and Expense Account Number 100-20-54107; and BE IT FURTHER RESOLVED, that the Bayfield County Board of Supervisors hereby amends the 2012 budget by $10,000 to reflect the revenues and expenditures. Passed by the Bayfield County Board of Health Department on June 18, 2012 and forwarded to the Bayfield County Board of Supervisors. By Action of the Bayfield County Board of Supervisors Shawn W. Miller, Chairman A motion was made by Meyers/Pocernich to adopt Bayfield County Resolution No. 2012-34, FIT Families Grant. A Roll Call Vote was taken as follows Bussey-yes; Jardine- yes; Maki-yes; Kittleson-yes; Bennett-yes; Pocernich-yes; Schultz-yes; Williams-yes; Bichanich-yes; Miller-yes; Crandall-yes; Rondeau-yes; Meyers-yes. Total: 13, 13 yes, 0 no. The Motion Carried. 226 8. Bayfield County Resolution No. 2012-35, Request that the Department of Human Services (DHS) Identify a New Funding Allocation Methodology FY 2013. Elizabeth Skulan, Human Services Director, was present to answer any questions the Board may have regarding this Resolution. The Board dispensed with the reading of the Resolution, which reads as follows: WHEREAS, Act 32 (State of WI 2012 – 2012 Biennial Budget) eliminated the system whereby individual counties administered Income Maintenance (IM) programs and directed that counties organize into no more than ten multi-county consortia to administer the delivery of IM services effective January 1, 2012; and WHEREAS the purpose of the consortia models was to preserve local presence and oversight while maximizing efficiencies to facilitate a 17% reduction statewide in IM funding which helped balance the 2012-2013 State Budget; and WHEREAS, by legislative design, IM consortia were to achieve costs savings by 1) establishing a single call center in each consortia; 2) implementing a state operated Central Document Processing Unit; and 3) other efficiencies achieved by administering IM programs regionally; and WHEREAS Bayfield County is a member of the Northern IM Consortium, a collaboration of twelve Northern Wisconsin counties which employs a service delivery model that leverages all three intended legislative efficiencies; and WHEREAS, the Department of Health Services adopted a funding formula in 2012 that allocated funding by caseload; eliminated the “small county allocation” beneficial to less populated counties; and required counties to continue to provide the same amount of local levy but failed to recognize that counties were contributing to the system disproportionately; and WHEREAS, the Northern IM (Bayfield County’s) and the Western Regional Economic Assistance (WREA) consortia were most negatively impacted by the current methodology and suffered 37% ($549,748) and 31% ($419,553) reductions respectively while other consortia suffered reductions ranging from 20% in the Southern Consortium ($303,841) to as little as 7% in the Moraine Lakes Consortium ($109,725); and WHEREAS, this change in policy implies a finding that smaller, more rural communities were overcompensated; however, no finding was ever made by DHS; and WHEREAS continuing to use the current allocation formula for CY 2013 perpetuates this inequity and absent finding; places an undue burden on negatively impacted consortia; does not begin to address the different levels of county contribution; does not incentivize all consortia to leverage the same efficiencies; and is unfair to the elderly, disabled, and other individuals who depend on timely access to income maintenance benefits in rural Northern and Western Wisconsin communities. NOW, THEREFORE, BE IT RESOLVED, that the Human Services Board recommends that the Bayfield County Board adopt a resolution to request DHS adopt a new funding methodology for CY 2013 that: equalizes funding sources among consortia; rewards collaboration; and drives regional IM systems to leverage the efficiencies intended by the Legislature, and 227 BE IT FURTHER RESOLVED, that the County Clerk provides a copy of this resolution to Governor Scott Walker, State Senator Robert Jauch; Representative Janet Bewely; the Wisconsin Counties Association; The Wisconsin Counties Human Service Association; and the Clerk Office in all 72 counties of Wisconsin. Passed this day, June 28, 2012 by the Human Services Board and forwarded to the Bayfield County Board of Supervisors. Adopted by the Bayfield County Board of Supervisors this 31st day of July, 2012. By Action of the Bayfield County Board of Supervisors Shawn W. Miller, Chairman A motion was made by Bussey/Williams to adopt Bayfield County Resolution No. 2012-35, Request that the Department of Human Services (DHS) Identify a New Funding Allocation Methodology FY 2013. The Motion Carried. 9. Bayfield County Resolution No. 2012-38, Bayfield County Participation in an Intergovernmental Agreement to Partner with the Woodland Enhanced Health Services Commission. Carrie Linder, gave detailed background on the purpose of this resolution and what’s passing will do for individuals who suffer from or who have been diagnosed with Alzheimer’s disease or related dementia. Questions were asked of Linder and responses given. The Board dispensed with the reading of the Resolution, which reads as follows: WHEREAS, Bayfield County Department of Human Services (DHS) is responsible for protective placements of individuals deemed incompetent; and WHEREAS, a recent ruling on the “Helen E.F”. case requires that individuals diagnosed with Alzheimer’s disease or related dementia cannot be involuntarily committed for mental health treatment and prohibits individuals with said diagnoses from being placed in a mental health facility under Chapter 51; and WHEREAS, Bayfield County Department of Human Services has seen an increase in protective placements for individuals with behavioral issues primarily due to their diagnosis of Alzheimer’s disease or related dementia; and WHEREAS, Bayfield County lacks community facilities and resources appropriate for the placement of such individuals and struggles with locating appropriate placement options for these individuals; and WHEREAS, entering into an Intergovernmental Cooperation Agreement will allow for additional placement options in a more cost effective manner. THEREFORE, BE IT RESOLVED, that the Bayfield County Board of Supervisors authorizes an Intergovernmental Agreement pursuant to Wisconsin Statutes 66.0301 for the purpose of entering into a partnership with Rusk, Eau Claire, Taylor, Chippewa, Douglas, Portage, Wood, Barron, Florence and Clark Counties for the purpose of providing institutional services to protectively placed residents of partnering counties; and Approved this 31st day of July 2012. 228 By Action of the Bayfield County Board of Supervisors Shawn W. Miller, Chairman A motion was made by Schultz/Williams to adopt Bayfield County Resolution No. 2012-38, Bayfield County Participation in an Intergovernmental Agreement to Partner with the Woodland Enhanced Health Services Commission. Bayfield County would have a representative on this Board. Discussion took place regarding the $5,000 membership fee. Linder stated that this membership fee is a one-time fee and they are looking at the DHS budget for the payment of the fee. If Bayfield County is approved by the Commission, she will be coming back to the Board for more approvals. Linder explained what the Clark County facility has to offer, different wings for different area of patient concern. The facility has a very calm and peaceful setting. Further discussion took place regarding the negative side where patient will not have his or her family close by. The motion carried. 10. Bayfield County Amendatory Ordinance No. 2012-18, Creating Section 6-1-6 and Amending Section 12-2-3 Regarding Sale of Sand & Gravel to 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 AN ORDINANCE CREATING SECTION 6-1-6 AND AMENDING SECTION 12-2-3, CODE OF ORDINANCES, BAYFIELD COUNTY, WISCONSIN. WHEREAS, Wisconsin Statutes §59.51 (1) gives the board of each county the authority to exercise any organization or administrative power, subject only to the constitution and the powers granted by the legislature to a county executive or administrator; and WHEREAS, Wisconsin Statutes § 59.03 (2)(a) specifically provides the County Board with powers of a local, legislative and administrative character over streets and highways, except as where specifically provided elsewhere in the statutes; and WHEREAS, it is deemed in the best interest of the County of Bayfield to amend Section 12-2-3 Code of Ordinances, Bayfield County and to create Section 6-1-6 Code of Ordinances, Bayfield County to reflect the authority of the County Highway Committee and the County Forestry Committee to sell sand, salt and gravel from county lands to private vendors. NOW, THEREFORE, the Bayfield County Board of Supervisors does hereby ordain as follows: Section 1. Section 6-1-6 [Power to Sell Sand, Salt or Gravel.] of Chapter 1 [County Highways] of Title 6 [Highways and Public Works] of the Code of Ordinances, Bayfield County, Wisconsin is hereby created to read as follows: Sec. 6-1-6 Power to Sell Sand, Salt or Gravel. 229 (a) The Committee may sell sand/salt/gravel from county lands to private vendors under the following conditions: (1) Sales are for public purposes that meet the public purpose doctrine. (2) The private vendor must provide a binding and enforceable contract that requires it to use materials for a specific public purpose. (3) The sale price shall take into consideration all operational costs, including, but not limited to, extraction, reclamation, administration and storage, in addition to appropriate royalties. (4) The private vendor must maintain all applicable insurances and MSHA certificates. (5) Additional policies may be adopted by the Committee. Section 2. Subsection (b) of Section 12-2-3 [Responsibilities and Duties of the Forestry Committee.] of Chapter 2 [County Forests] of Title 12 [County Lands and Forests] of the Code of Ordinances, Bayfield County, Wisconsin is hereby amended to read as follows, with additions highlighted by the double underline feature (additions) and deletions highlighted by the strike out feature (deletions): Sec. 12-2-3 Responsibilities and Duties of the Forestry Committee. (b) Subject to budget limitations, the Forestry Committee is assigned the responsibilities detailed in Subsections (b)(1) through (23 24) below: (24) The Committee may sell sand/salt/gravel from county lands to private vendors under the following conditions: a. Sales are for public purposes that meet the public purpose doctrine. b. The private vendor must provide a binding and enforceable contract that requires it to use materials for a specific public purpose. c. The sale price shall take into consideration all operational costs, including, but not limited to, extraction, reclamation, administration and storage, in addition to appropriate royalties. d. The private vendor must maintain all applicable insurances and MSHA certificates. e. Additional policies may be adopted by the Committee. Section 3. Except as specifically modified and amended by this ordinance, the Bayfield County Code of Ordinance shall remain in force and effect exactly as originally adopted and previously amended. All ordinances or parts of ordinances inconsistent with or in contravention of the provisions of this ordinance are hereby repealed. Section 4. SEVERABILITY. If a court of competent jurisdiction adjudges any section, clause, provision, or portion of this ordinance unconstitutional or invalid, the remainder of this ordinance shall not be affected thereby. Section 5. EFFECTIVE DATE. This ordinance shall take effect and be in full force from and after its passage. 230 Adopted by the Board of Supervisors of the County of Bayfield on the 31st day of July, 2012. By Action of the Bayfield County Board of Supervisors Shawn W. Miller, Chair A motion was made by Maki/Jardine to adopt Bayfield County Amendatory Ordinance No. 2012-18, Creating Section 6-1-6 and Amending Section 1-2-3 Regarding Sale of Sand & Gravel, to the Bayfield County Code of Ordinances. Discussed purpose in selling salt, who we would sell salt to and would it be tax exempt. Salt is only sold to municipalities for public services. It would be tax exempt. This was approved by both the Forestry and Highway Committees. Further discussion took place on selling to private vendors. The motion carried with one 11. Report of the Bayfield county Planning & Zoning Committee Regarding the Rezone of the Jerald and Margaret Feirer Property Located in the Town of Barnes from R2 to R1. The Board dispensed with the reading of the Ordinance, 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 Jerald & Margaret Feirer 0.551-acre parcel (ID# 04-004-2-45-09-20-1-00- 218-2100) located in Lot 1 (1), Block Six (6) of Meyers’ and Worthington’s First Addition to Tomahawk Lake Subdivision, Section Twenty (20), Township Forty-Five (45) North, Range Nine (9) West, Town of Barnes, Bayfield County, Wisconsin be changed from Residential-Two (R-2) to Residential-One (R-1). (* 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). (Metes and Bounds description available at the Planning and Zoning Dept.). The Bayfield County Planning and Zoning Committee recommendation is: Be Approved Date: June 21, 2012 BAYFIELD COUNTY PLANNING & ZONING COMMITTEE Kenneth Jardine, Shawn Miller, Dennis Pocernich, Brett Rondeau, Neil Schultz A motion was made by Jardine/Rondeau to receive and place on file the Report of the Bayfield County Planning & Zoning Committee Regarding the Rezone of the Jerald and Margaret Feirer Property Located in the Town of Barnes from R2 to R1. Discussion. Supervisor Bussey stated that the recommendation from the Zoning Committee states that it be approved, but it doesn’t state why. It would be helpful to have an excerpt in the future, attached to the report and/or the ordinance to tell us why you did what you did at the 231 committee level. Right now we are relying strictly on the say-so of the Zoning Committee without any proof of what was actually said or done. Discussion amongst Zoning Committee members that they make sure that they apply the 12 areas of critiquing that is needed to be applied and motions and recommendations are being followed. The motion carried. Kastrosky stated that he will inform his office to put this information in with the packet information when the material is submitted for the County Board meetings. 12. Bayfield County Zoning Amendatory Ordinance No. 2012-19, Regarding the Rezone of the Jerald and Margaret Feirer Property Located in the Town of Barnes from R2 to R1. 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 Jerald & Margaret Feirer 0.551-acre parcel (ID# 04-004-2-45-09-20-1-00- 218-2100) located in Lot 1 (1), Block Six (6) of Meyers’ and Worthington’s First Addition to Tomahawk Lake Subdivision, Section Twenty (20), Township Forty-Five (45) North, Range Nine (9) West, Town of Barnes, Bayfield County, Wisconsin be changed from Residential-Two (R-2) to Residential-One (R-1). (* 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). (Metes and Bounds description available at the Planning and Zoning Dept.). A motion was made by Rondeau/Jardine to adopt Bayfield County Zoning Amendatory Ordinance No. 2012-19, Regarding the Rezone of the Jerald and Margaret Feirer Property Located in the Town of Barnes from R2 to R1. The motion carried. 13. Report of the Bayfield County Planning & Zoning Committee Regarding the Rezone of the Michael & Susan Ostrenga Property Located in the Town of Port Wings from R1 to Ag-1. The Board dispensed with the reading of the Ordinance, 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 Michael & Susan Ostrenga - 35.50-acre parcel (ID# 04-042-2-50-08-28-1-01- 000-10000), described as the Northeast Quarter of the Northeast Quarter (NE NE), lying South of State Highway 13, LESS State Highway 13 right-of-way, Section Twenty-Eight (28), Township Fifty (50) North, Range Eight (8) West, Town of Port Wing, Bayfield County, Wisconsin be changed from Residential-One (R-1) to Agricultural-One (Ag-1). (* 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 232 distance is greater is deemed a shoreland and/or wetland zone). (Metes and Bounds description available at the Planning and Zoning Dept.). The Bayfield County Planning and Zoning Committee recommendation is: Be Approved Date: June 21, 2012 BAYFIELD COUNTY PLANNING & ZONING COMMITTEE Kenneth Jardine, Shawn Miller, Dennis Pocernich, Brett Rondeau, Neil Schultz A motion was made by Maki/Williams to receive and place on file the Report of the Bayfield County Planning and Zoning Committee Regarding the Michael & Susan Ostrenga Property Located in the Town of Port Wing, from R1 to Ag-1. The motion carried. 14. Bayfield County Zoning Amendatory Ordinance No. 2012-20, Regarding the Rezone of the Michael & Susan Ostrenga Property Located in the Town of Port Wing from R1 to Ag-1. 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 Michael & Susan Ostrenga - 35.50-acre parcel (ID# 04-042-2-50-08-28-1-01- 000-10000), described as the Northeast Quarter of the Northeast Quarter (NE NE), lying South of State Highway 13, LESS State Highway 13 right-of-way, Section Twenty-Eight (28), Township Fifty (50) North, Range Eight (8) West, Town of Port Wing, Bayfield County, Wisconsin be changed from Residential-One (R-1) to Agricultural-One (Ag-1). Adopted by the Board of Supervisors of the County of Bayfield on the 31st day of July, 2012. A motion was made by Rondeau/Jardine to adopt Bayfield County Zoning Amendatory Ordinance No. 2012-20, Regarding the Rezone of the Michael & Susan Ostrenga Property Located in the Town of Port Wing from R1 to Ag-1. The motion carried. 15. Report of the Bayfield County Planning & Zoning Committee Amending Sections 13-1-4; 13-1-22; 13-1-26; 13-1-32; and 13-1-40, Code of Ordinances for Shoreland Zoning Standards for Non-Conforming Structures. The Board dispensed with the reading of the Report, which reads as follows: TO: AN ORDINANCE AMENDING SECTIONS 13-1-4, 13-1-22, 13-1-26, 13-1-32 AND 13- 1-40, CODE OF ORDINANCES, BAYFIELD COUNTY, WISCONSIN. Section 1. Subsection (a) [The following terms used in this Chapter have the meanings indicated:] of Section 13-1-4 [Definitions.] of Article A [Introduction and Definitions] of Chapter 1 [Zoning Code] of Title 13 [Zoning] of the Code of Ordinances, Bayfield County, Wisconsin is hereby amended to read as follows, with additions highlighted by the double underline feature (additions) and deletions highlighted by the strike out feature (deletions): 233 Sec. 13-1-4 Definitions. (a) The following terms used in this Chapter have the meanings indicated: (29) Impervious Surface. A surface consisting of asphalt, concrete, roofing material, brick, paving block, plastic, or other similar material which does not readily absorb water. An area that releases as runoff all or a majority of the precipitation that falls on it. “Impervious surface” excludes, among other things, frozen soil and decks that have at least a ¼ inch space between deck boards with a pervious surface below. “Impervious surface” includes, among other things, rooftops, sidewalks, driveways, parking lots, streets, shingles, concrete and asphalt. (45a) Nonconforming Uses or Structures. Any structure, land or water lawfully used, occupied, or erected at the time of the effective date of this Chapter or amendments thereto which does not comply with this Chapter. Any such structure not conforming in respect to frontage, width, height, area, yard or distance requirements shall be considered a nonconforming structure and not a nonconforming use. A use of land, a dwelling, or a building that existed lawfully before the current zoning ordinance was enacted or amended, but that does not conform with the use restrictions in the current ordinance. (45b) Nonconforming structure. A dwelling or other building, structure or accessory building that existed lawfully before the current zoning ordinance was enacted or amended, but that does not conform with one or more of the development regulations in the current zoning ordinance. Section 2. Paragraph (6) [Boathouses.] of Subsection (a) [Shoreline Setbacks] of Section 13-1- 22 [Setbacks and Height Restrictions.] of Article B [General Provisions] of Chapter 1 [Zoning Code] of Title 13 [Zoning] of the Code of Ordinances, Bayfield County, Wisconsin is hereby amended to read as follows, with additions highlighted by the double underline feature (additions) and deletions highlighted by the strike out feature (deletions): Sec. 13-1-22 Setbacks and Height Restrictions. (a) Shoreline Setbacks. (6) Boathouses. No boathouse may be constructed closer to a navigable body of water than the applicable setback after the effective date of this provision. Any existing boathouse between the applicable setback and the ordinary high water mark shall be subject to Section 13-1-40(c)(2) Section 13-1-40(f)(2-3). Any existing boathouse extending beyond the ordinary high water mark shall be subject to Sec. 30.121, Wis. Stats. Section 3. Subsection (d) [Common Ownership] of Section 13-1-26 [Substandard Lots of Record.] of Article B [General Provisions] of Chapter 1 [Zoning Code] of Title 13 [Zoning] of the Code of Ordinances, Bayfield County, Wisconsin is hereby amended to read as follows, with additions highlighted by the double underline feature (additions) and deletions highlighted by the strike out feature (deletions): 234 Sec. 13-1-26 Substandard Lots of Record. (d) Common Ownership. If a substandard lot is in common ownership with abutting lands, the contiguous lots shall be considered a single parcel under the terms of this ordinance, except for the purposes of paragraph (e) below, and such standard lots shall not be transferable unless re-divided to conform to the provisions of this ordinance and the Bayfield County Subdivision Control Ordinance, provided that this provision shall not apply to lots described in subsection (b) above in common ownership of record with abutting lands prior to December 12, 2000. Section 4. Subsection (e) [Building Sites on Substandard Shoreland Lots] of Section 13-1-26 [Substandard Lots of Record.] of Article B [General Provisions] of Chapter 1 [Zoning Code] of Title 13 [Zoning] of the Code of Ordinances, Bayfield County, Wisconsin is hereby created to read as follows. Sec. 13-1-26 Substandard Lots of Record. (e) Buildings Sites on Substandard Shoreland Lots. A legally created lot or parcel that met minimum area and minimum average width requirements when created, but does not meet current lot size requirements, may be used as a building site if all of the following apply: (1) The substandard lot or parcel was never reconfigured or combined with another lot or parcel by plat, survey, or consolidation by the owner into one property tax parcel. (2) The substandard lot or parcel has never been developed with one or more of its structures placed partly upon an adjacent lot or parcel. (3) The substandard lot or parcel is developed to comply with all other Bayfield County Zoning Ordinance requirements. Section 5. Subsection (f) [Impervious Surfaces.] of Section 13-1-32 [Inland Lake Classification and Shoreland Lot Development Requirements.] of Article B [General Provisions] of Chapter 1 [Zoning Code] of Title 13 [Zoning] of the Code of Ordinances, Bayfield County, Wisconsin is hereby repealed. (f) Impervious Surfaces. That part of a shoreland lot within 300 feet of the ordinary high water mark shall not contain more than 4,500 square feet or 15% of impervious surfaces, whichever is greater, except pursuant to a fully implemented storm water management plan approved by the Department and providing that there will be no increase in storm water discharge from the lot as a result of the construction for storms up to and including the 10-year 24-hour storm event. Such plan shall be certified by a registered professional engineer or, at the County’s option, the applicant shall provide funds to defray the costs of County preparation of the plan. (©9/30/2001) Section 6. Subsections (g) [Shoreland Lighting.] and (h) [Relationship to Other Provisions.] of Section 13-1-32 [Inland Lake Classification and Shoreland Lot Development Requirements.] of Article B [General Provisions] of Chapter 1 [Zoning Code] of Title 13 235 [Zoning] of the Code of Ordinances, Bayfield County, Wisconsin are renumbered as Subsections (f) and (g) respectively. (g)(f) Shoreland Lighting. (©9/30/2001) (1) All outdoor lighting on shoreland lots which is within 300 feet of the ordinary high water mark shall meet the following requirements: (©9/30/2001) a. Lighting shall be controlled so as not to shine up into the sky or onto any neighboring property or onto navigable waters. This may be accomplished by use of fully shielded cut-off fixtures, directing light fixtures downward rather than upward, or by other similarly effective means. (©9/30/2001) b. Where lighting is for security purposes or to illuminate walkways, roadways, equipment yards or parking lots, only fully shielded cut-off style light fixtures shall be used. (©9/30/2001) c. All illuminated signs for commercial purposes visible from navigable waters shall be turned off between 11:00 p.m. and sunrise except that signs may be illuminated while the business facility is open to the public. (©9/30/2001) d. All forms of flashing, rotating, or moving lights shall be prohibited. (©9/30/2001) (2) The above requirements shall apply immediately to all lighting installed after September 25, 2001, and must be complied with no later than September 25, 2006, with respect to any lighting in existence as of September 25, 2001. (©9/30/2001) (3) The provisions of this subsection shall not apply to seasonal holiday lighting. (©9/30/2001) (h)(g) Relationship to Other Provisions. Subsections (b) through (f) above are subject to the provisions of Section 13-1-22 (a) (modifying setbacks for certain structures), Section 13-1-26 (pertaining to substandard lots of record), and Section 13-1-40 (pertaining to nonconforming uses and structures). (©9/30/2001) Section 7. Section 13-1-40 [Nonconforming Uses and Structures] of Article C [Nonconforming Uses and Structures; Special and Conditional Uses; Environmental Impact Analysis; Handicap-Disability Permits] of Chapter 1 [Zoning Code] of Title 13 [Zoning] of the Code of Ordinances, Bayfield County, Wisconsin are hereby repealed and recreated to read as follows. Sec. 13-1-40 Nonconforming Uses and Structures. (a) General Provision. The lawful use of a building, structure or property which existed at the time this Chapter, or an applicable amendment to this Chapter, took effect and which is not in conformity with the provisions of this Chapter, including the routine maintenance of such a building or structure, may be continued, subject to the following conditions subsections (b) – (h). 236 (b) Definitions. In this section, the following terms are defined as follows: (1) “Impervious Surface.” An area that releases as runoff all or a majority of the precipitation that falls on it. “Impervious surface” excludes, among other things, frozen soil and decks that have at least a ¼ inch space between deck boards with a pervious surface below. “Impervious surface” includes, among other things, rooftops, sidewalks, driveways, parking lots, streets, shingles, concrete and asphalt. (2) “Nonconforming Use” means a use of land, a dwelling, or a building that existed lawfully before the current zoning ordinance was enacted or amended, but that does not conform with the use restrictions in the current ordinance. (3) “Nonconforming Structure” means a dwelling or other building, structure or accessory building that existed lawfully before the current zoning ordinance was enacted or amended, but that does not conform with one or more of the development regulations in the current zoning ordinance. (b) (c) Non-Shoreland Nonconforming Uses. (1) Burden of Proof. A property owner claiming a nonconforming use and exemption from application regulations shall prove by a preponderance of the evidence that: a. The use was legally established. b. The use predated zoning provisions with which it does not comply. c. The use was active and actual prior to adoption of such provisions and not merely casual and occasional or incidental to the principal use of the property in which case no vested right to continue use shall have been acquired. (2) No Expansion. Prohibited Expansion. A nonconforming use of a structure or premises shall not be expanded or enlarged. No such use shall be expanded within a structure, which, on the date the use became nonconforming, was only partially devoted to such use. The alteration of, or addition to, or repair in excess of fifty percent (50%) of the assessed value of any non-shoreland existing building, premises, structure or fixture for the purpose of carrying on a nonconforming use is prohibited. (see Sec. 59.69 (10) (am) Wis. Stats.) (1)(3) Allowable Standard. Exceptions to Prohibited Expansion. If the alteration, addition or repair of a non-shoreland building or structure with a nonconforming use is prohibited because it is in excess of fifty percent (50%) of the assessed value of the existing building, premises, structure or fixture, the property owner may still make the proposed alteration, addition or repair if: a. A nonconforming use is permanently changed to a conforming use. 237 b. The property owner appeals the determination of the Zoning Administrator(s) and County Board of Adjustment or the Circuit Court finds in favor of the property under Sec. 59.694(4) or 59.597(10), Wis. Stats. c. The property owner successfully petitions to have the property rezoned by amendment of this Chapter and Sec. 59.69(5)(e), Wis. Stats. (3)(4) Discontinuance. If a nonconforming use is discontinued for twelve (12) consecutive months, any future use of the building, structure or property shall conform to this Chapter. (4)(5) Temporary Structures. If the nonconforming use of a temporary structure is discontinued, such nonconforming use may not be recommenced. (5)(6) Nuisances. Uses that are nuisances shall not be permitted to continue as nonconforming uses. (c)(d) Non-Shoreland Nonconforming Buildings and Structures. (1) Intent. As specified in the following paragraphs, it is the intent of these provisions to balance the public objectives of this Chapter with the interests of owners of nonconforming buildings and structures by: a. Treating buildings and structures, which are most nonconforming and therefore most contrary to the objectives of this Chapter, more restrictively than buildings and structures which are more nearly in compliance with the provisions of this Chapter. b. By allowing the improvement or limited expansion of principal buildings and structures essential to the reasonable use of a property provided the adverse effects of such improvements or expansion are adequately mitigated. (2) Nonconforming Accessory Buildings and Structures and Nonconforming Principal Buildings and Structures of Less than 600 Square Feet. Except as provided in paragraph (6) below regarding reconstruction of damaged or destroyed structures, nonconforming accessory buildings and structures and nonconforming principal buildings and structures of less than six hundred (600) square feet of footprint are limited to ordinary maintenance and repair and shall not be expanded. (12/15/09; (A)12/13/11) (3) Nonconforming Principal Buildings and Structures of 600 Square Feet or Larger. Except as further restricted by the provisions of paragraphs (4) and (6) below, nonconforming principal buildings and structures of 600 square feet or larger may be improved internally, externally, or expanded provided that: ((A)12/13/11) (2) Improvement or Expansion of Non-Shoreland Nonconforming Structures. Non-shoreland nonconforming structures may be improved internally, externally, or expanded provided that: 238 a. A structure that is nonconforming as to structural or dimensional standards may not be expanded or enlarged so as to increase its dimensional nonconformity. b. Where practicable, additions to non-shoreland nonconforming structures shall conform to all applicable provisions of this Chapter. c. Except as provided in paragraph (4)d. below, the The lifetime total of all expansions shall not exceed fifty percent (50%) of the structure’s footprint that existed at the time the structure became nonconforming; an owner shall provide documentation of the footprint of a structure at the time it became nonconforming, and any expansion shall be documented by recorded affidavit; and d. The structure may not be substantially reconstructed by replacement of exterior walls constituting more than twenty five percent (25%) of the perimeter of the initial structure over the life of the structure. The owner shall provide documentation of the perimeter of the structure at the time this provision took effect and any reconstruction shall be documented by recorded affidavit. (3) Non-shoreland Nonconforming Buildings and Structures in Planned Unit Developments, Condominium Developments, or other Developments. Nonconforming buildings and structures in planned unit developments, condominium developments, or other developments, including multiple unit dwellings, hotels, motels and resorts, that are not on shoreland lots shall be subject to paragraphs (d)(1) and (d)(2) above. (e) Shoreland Nonconforming Uses. (1) Compliance with Nonconforming Structure Provisions. Any shoreland building, structure, premises or fixture that constitutes a nonconforming use and is also a nonconforming structure must adhere to the provisions set forth in subsection (f) for nonconforming shoreland structures. (2) Prohibited Expansion. The alteration of, or addition to, or repair in excess of fifty percent (50%) of the assessed value of any existing building, premises, structure or fixture for the purpose of carrying on a nonconforming use is prohibited. (see 59.69 (10) (am) Wis. Stats.) (3) Exceptions to Prohibited Expansion. If the alteration, addition or repair of a shoreland building or structure with a nonconforming use is prohibited because it is for the purpose of carrying on a nonconforming use and is in excess of fifty percent (50%) of the assessed value of the existing building, premises, structure or fixture, the property owner may still make the proposed alteration, addition or repair if the property owner meets all provisions set forth in subsection (f) for nonconforming shoreland structures and: 239 a. The alteration, addition or repair is not for the purpose of carrying on a nonconforming use. b. A nonconforming use is permanently changed to a conforming use. c. The property owner appeals the determination of the Zoning Administrator(s) and County Board of Adjustment or the Circuit Court finds in favor of the property under Secs. 59.694(4) or 59.597(10), Wis. Stats. d. The property owner successfully petitions to have the property rezoned by amendment of this Chapter and Sec. 59.69(5)(e), Wis. Stats. (4) Discontinuance. If a shoreland nonconforming use is discontinued for twelve (12) consecutive months, any future use of the building, structure or property shall conform to this Chapter. (5) Temporary Structures. If the shoreland nonconforming use of a temporary structure is discontinued, such nonconforming use may not be recommenced. (6) Nuisances. Uses that are nuisances shall not be permitted to continue as nonconforming uses. (4) Additional Requirements for Nonconforming Buildings and Structures on Shoreland Lots. Except as otherwise provided in paragraphs (4a), (4b), and (6) nonconforming buildings and structures on shoreland lots shall be subject to paragraphs (c)(2) and (3) of this Section, and in addition thereto, principal buildings and structures on such lots of six hundred (600) square feet of enclosed dwelling space or larger shall be subject to the following provisions of this paragraph: ((A)12/13/11) (f) Shoreland Nonconforming Structures. (1) Shoreland Setback. Except as provided in paragraphs (f)(5) (f)(6a) and (f)(6ab) above, a setback of seventy-five (75) feet from the ordinary high- water mark of any navigable waters to the nearest part of a building or structure shall be required for all buildings and structures. (a) (2) Nonconforming Structures Located Less than Thirty-five (35) Feet from the Ordinary High Water Mark. With respect to such structures located less than forty (40) thirty-five (35) feet from the ordinary high water mark: 1. a. Internal improvements shall be confined to the An existing structure that was lawfully placed when constructed but that is located within the shoreland setback may be maintained and repaired within its existing building envelope and. Such internal improvements may be constructed without a land use permit. 3.c. b. Exterior improvements shall be limited to those which do not change the size or shape of the structure, except that a flat roof may be 240 replaced by a pitched roof, provided that the additional space under the pitched roof may not be used for living area, storage, or other purpose. Maintenance and repair includes such activities as interior remodeling, plumbing, insulation, and replacement of windows, doors, siding or roof. A flat roof may be replaced with a pitched roof subsequent to a land use permit and mitigation applies. 2.b. c. Except as provided in subparagraph b., No new foundations of any kind, additional stories, other expansion, or accessory construction shall be permitted. For the purpose of this section of the Chapter, repair of 25% or more of the lineal perimeter of the foundation shall be considered a replacement or new foundation and not a repair. Repair or replacement of a foundation is considered maintenance and repair if: 1. The foundation is repaired or replaced to the size, including the footprint and total square footage and location that it had before the repair or replacement; and 2. If there is repair or replacement of 25% or more of the lineal perimeter of the foundation, the owner obtains a permit and complies with mitigation requirements under paragraph (11) below. 4. d. Repair or replacement of a foundation or wall(s) which requires any land disturbance in the vegetation protection area shall require a land use permit. and the mitigation requirements of paragraph (5) paragraph (11) below are complied with. 5. e. The mitigation requirements of paragraph (5) (11) below are complied with. b. With respect to structures located twenty (20) or more feet but less than forty (4) feet from the ordinary high water mark: 1. A life time maximum of one hundred seventy-five (175) square feet of enclosed dwelling space. ((A) 10/26/2010) 2. Shall be located on the landward side of the structure ((A) 10/26/2010) 3. Shall be permitted if the resulting structure’s resulting height does not exceed twenty-six (26) feet. ((A) 10/26/2010) 4. Its footprint does not exceed one thousand five hundred (1,500) square feet, its roof overhand does not exceed one thousand nine hundred (1,900) square feet, and its enclosed dwelling space does not exceed two thousand five hundred (2,500) square feet, and ((A) 10/26/2010) 241 5. A plan meeting all of the following requirements is submitted to and approved by the Bayfield County Zoning Department and is fully implemented and complied with: ((A) 10/26/2010) a. The septic system shall be upgraded in accordance with COM 83, Wis. Adm. Code, and the Bayfield County Sanitary Private Sewage Ordinance. ((A) 10/26/2010) b. Water runoff from the structure shall be handled in accordance with best management practices. ((A) 10/26/2010) c. A shoreline vegetation protection area shall be established and maintained for at least one-half of the distance from the ordinary high water mark to the structure. Any natural vegetation located closer to the structure than one-half the distance from the ordinary high water mark shall also be maintained. ((A) 10/26/2010) d. The mitigation requirements of paragraph (5) below are complied with. ((A) 10/26/2010) c. (3) With respect to structures located forty (40) or more feet but less than seventy-five (75) feet from the ordinary high water mark. Nonconforming Structures Located Thirty-five (35) Feet or More but less than Seventy-five (75) Feet from the Ordinary High Water Mark. A nonconforming structure located thirty-five (35) or more feet but less than seventy-five (75) feet from the ordinary high water mark may be expanded vertically, provided that: 1. a. The resulting structure shall not exceed twenty-six (26) thirty-five (35) feet in height, as defined in Section 13-1- 22(h) ch. NR 115.05(1)(f), Wisconsin Administrative Code. 2. The addition shall be within the existing footprint or landward thereof and a. Shall not increase the existing footprint by more than fifty percent (50%) b. Shall not increase the resulting footprint (of the existing structure and addition combined) beyond one thousand five hundred (1,500) square feet. ((A) 10/26/2010) c. May have a vertical addition (i.e. 2nd story) provided the existing structure’s integrity and load bearing capacity is verified (in writing) by a structural engineer. ((A) 10/26/2010) 242 d. May have a horizontal/lateral addition if the expanded area meets the building setback requirements provided all the provisions of paragraph (4)c. are complied with. ((A) 10/26/2010) 3. The resulting structure shall not exceed one thousand nine hundred (1,900) square feet of roof overhand (measured in a horizontal plane); 4. The resulting structure shall not exceed two thousand five hundred (2,500) feet of enclosed dwelling space (measured for all stories excluding the basement); 5. No new or raised foundation for the existing structure or any attached accessory structure shall be permitted, though a foundation may be constructed under a permitted lateral addition; and ((A) 10/26/2010) 6. Any expansion or exterior improvement shall require a land use permit, and the mitigation requirements of paragraph (5) shall apply. 7. Repair of 25% or more of the lineal perimeter of the foundation shall be considered a replacement or new foundation and not a repair. ((A) 10/26/2010) b. The property owner obtains a land use permit and fulfills the mitigation requirements of paragraph (11) below. c. All other provisions of the Bayfield County Shoreland Zoning Ordinance shall be met. d. If use of the structure has been discontinued for a period of twelve (12) months or more, any further use of the structure shall conform to this chapter. (4) Nonconforming Structures Located Seventy-five (75) Feet or More from the Ordinary High Water Mark. Except as provided in subs. (f) paragraphs (5), (6a) and (6b) below, an existing structure that was lawfully placed when constructed but that does not comply with the required building setback under subs. (f)(1) may be expanded horizontally, landward or vertically provided that the expanded area meets the building setback requirements in subs. (f)(1) and that all other provisions of the Bayfield County Shoreland Zoning Ordinance are met. d. (5) Nonconforming Structures Located on Class 3 Lakes or on Lots Adjoining or Including Rivers or Streams. Nonconforming principal buildings and structures located on lots on Class 3 lakes which are set back at least seventy-five (75) feet but less than one hundred (100) feet from the ordinary high water mark and nonconforming principal buildings and structures located on lots adjoining or including rivers or streams which are set back at least seventy-five (75) feet but less than one hundred 243 (100) feet from the ordinary high water mark, may be improved and expanded upon the issuance of a land use permit to the same extent as if they were conforming structures provided that: 1. a. The mitigation requirements of paragraph (5) (11) below are complied with; and 2. b. Any addition is located no closer to the ordinary high water mark than the existing structure; and 3. c. Such structures shall be subject to paragraph (7) of this subsection. If use of the structure has been discontinued for a period of twelve (12) months or more, any further use of the structure shall conform to this chapter. (6) (4a) (6a) Additional Requirements for Nonconforming Buildings and Structures in Planned Unit Developments and Other Multiple Unit Developments. a. General Setback Requirements. Except as otherwise provided in paragraph (4b), nonconforming Buildings and structures in planned unit developments, condominium developments, or other developments, including a multiple unit dwellings, hotels, motels or resorts, shall be subject to paragraphs (c)(2) and (3) of this section, and the provisions of Section 13-1-40(c)(4) a, b, and c, (but not d) shall apply to such buildings and structures which are nonconforming with respect to shoreline setback, except that 13-1-40(c)(4) c which are nonconforming with respect to shoreline setback shall be subject to the provisions of 13-1-40 (f) (1), (2) and (3) above, except that: 1. 13-1-40 (f) (3) shall apply to such structures located 40 thirty-five (35) or more feet but less than two hundred (200) feet from the ordinary high water mark; 2. The expansions and improvements permitted under said provisions shall be permitted even if the development is nonconforming with respect to open space requirements; 3. Mitigation measures described in 13-1-40 (c) (5) c.1, 2, and 3 13-1-40(f)(11) d. 1, 2, and 3 shall be applied to the percentage of a development’s shoreline equal to the percentage interest in the development owned by the owner of the expanded structure, either in front of the expanded structure or spread out over other portions of the shoreline. b. Lots in Planned Unit Developments. A non-riparian lot may be created provided that: 244 1. A plat or certified survey map including that lot within the planned unit development has been approved and recorded by the county; 2. The planned unit development contains at least two (2) acres or two hundred (200) feet of frontage; and 3. The reduced non-riparian lot sizes are allowed in exchange for larger shoreland buffers and setbacks on those lots adjacent to navigable waters that are proportional to and offset the impacts of the reduced lots on habitat, water quality and natural scenic beauty. c. New structures added to a development existing as of September 25, 2001, after such date shall meet the requirements applicable to new developments contained in 13-1-32 (e). (6a)(4b)(6b) Additional Requirements for Certain Nonresidential Buildings on Shoreland lots. A nonconforming building or portion thereof which is not used for human habitation or a use ancillary thereto is subject to the provisions of subs. (f) paragraphs (1-4). may be expanded up to 50% of the square footage of such building or such portion existing at the time the building became nonconforming provided that: a. The building is at least 40 feet from the ordinary high water mark. b. The expansion has been authorized by the issuance of a conditional use permit. c. The expansion does not expand any space used in such building for human habitation (including transient habitation) or a use ancillary thereto. d. The expansion does not increase the building’s nonconformity with respect to a setback or height requirement and complies with the provisions of this Ordinance in all other respects. e. The mitigation requirements of paragraph (5) below are complied with. (7) Replacement or Relocation of Nonconforming Structure. An existing structure that was lawfully placed when constructed but that does not comply with the required building setback under subs. (f) paragraph (1) may be replaced or relocated on the property provided all of the following requirements are met: a. The use of the structure has not been discontinued for a period of twelve (12) months or more. b. The existing structure is at least thirty-five (35) feet from the ordinary high-water mark. 245 c. No portion of the replaced or relocated structure is located any closer to the ordinary high-water mark than the closest point of the existing principal structure. d. The county determines that no other location is available on the property to build a structure of a comparable size to the structure proposed for replacement or relocation that will result in compliance with the shoreland setback requirement in subs. (f) paragraph (1). e. The mitigation requirements of paragraph (11) below are complied with. f. The county shall issue a permit that requires all other structures on the lot or parcel that do not comply with the shoreland setback requirement in subs. (f) paragraph (1) and are not exempt under NR 115.05(1)(b)1m, Wisconsin Administrative Code to be removed by the date specified in the permit. g. All other provisions of the Bayfield County Shoreland Zoning Ordinance shall be met. (4)e. (8)Wetland and Stream Setbacks. A nonconforming building or structure whose only nonconformity is its setback from a wetland not adjoining or constituting a part of a navigable water or from an intermittent stream may be improved and expanded upon the issuance of a land use permit to the same extent as if it were a conforming structure provided that: (2) a. Such structure shall be subject to paragraph 7 of this subsection. The use of the structure has not been discontinued for a period of twelve (12) months or more. (1) b. The addition or expansion does not increase the nonconformity. (4)f. (9) Class 2 or Class 3 Lakeshore Lots with Side Yard Setbacks. A building or structure located on a Class 2 or Class 3 lakeshore lot which is greater than ten (10) feet from a side yard setback but less than the distance from a side yard boundary required under Section 13-1-32(b)(1), and which is a nonconforming structure solely for that reason, may be improved and expanded upon the issuance of a land use permit to the same extent as if it were a conforming structure, provided that: a. and such building or structure shall be subject to paragraph (7) of this subsection. The use of the structure has not been discontinued for a period of twelve (12) months or more. b. any expansion must not The addition or expansion does not increase the nonconformity. (4)g.(10) Compliance with Most Restrictive Zone Standards. Nonconforming buildings and structures which are located in more than one setback zone shall comply with the standards of the more restrictive zone. 246 (5) (11) Mitigation Measures. As specified in the following provisions, the objective of these mitigation requirements is to compensate for adverse environmental effects when development is permitted to occur within designated shoreline setback areas. A site plan and implementation schedule describing any required mitigation shall be submitted by the property owner or owner’s authorized agent and approved by the Planning and Zoning Department and/or Land and Water Conservation Department prior to issuance of the related land use permit(s). Mandatory mitigation measures shall include: a. Evaluation and upgrading of any existing sanitary system on the subject property to comply with COM 83, Wis. Adm. Code, and the Bayfield County Sanitary and Private Sewage Ordinance. b. Implementation of erosion and storm water runoff control measures in accordance with best management practices. c. The obligations of the property owner under the mitigation plan shall be evidenced by an instrument recorded in the office of the Bayfield County Register of Deeds. d. The mitigation measures shall be proportional to the amount and impacts of the activity being permitted. In some circumstances, a storm water management plan may be the only and most critical mitigation measure. c. e. Accumulating at least four (4) points from among the following proposed or current practices: 1. Restoration or maintenance of a shoreline vegetation protection area within twenty-five (25) feet of the ordinary high water mark (OHWM) (1 point). 2. Restoration or maintenance of a shoreline vegetation protection area within forty (40) feet of the OHWM (2 points). 3. Restoration or maintenance of a shoreline vegetation protection area within seventy-five (75) feet of the OHWM (3 points). 4. Restoration of native vegetation along both side yards (1 point). 5. Removal of nonconforming accessory buildings from the shore setback area (1 point per building) 6. Use of exterior building materials or treatments that are inconspicuous and blend with the natural setting of the site (1/2 point). 7. Compliance with Sec. 13-1-32(g) shoreland lighting requirements (1/2 point). 247 8. Other practices agreed upon by the Zoning Department (seawall removal, removal of excessive dockage and mooring, removal of artificial sand beaches, etc.) (Points as determined by the Zoning Department). (6) (g) Damaged or Destroyed Nonconforming Structures. Except as provided in paragraph (7) of this subsection, Nonconforming buildings and structures that are damaged or destroyed by a natural event, including, but not limited to, violent wind, vandalism, fire, flood, ice, snow, mold or infestation may be reconstructed provided that: a. Damage which is due to an intentional act of the owner or his or her agent may only be repaired in conformity with this Chapter; ((A)12/13/11) (1) The use of the building or structure which is nonconforming as to shoreland zoning provisions was not discontinued for a period of twelve (12) months or more; b.(2) Repair and reconstruction shall be limited to that part of a structure and its specific improvements which are actually damaged or destroyed by a natural event and similar building materials shall be utilized; c.(3) The owner has the burden to establish that the damage or destruction to a nonconforming structure or part thereof was actually caused by a natural event and to establish the specific extent to which said damage or destruction occurred; d.(4) The structure or part thereof that has actually been damaged or destroyed shall be reconstructed to the size, including the footprint and total square footage, location, and use that it had immediately before the damage or destruction occurred, subject to paragraph (6); e.(5) The owner shall bear the burden of proof as to the size, location, and use of a damaged or destroyed nonconforming structure or part thereof immediately before the damage or destruction occurred; f.(6) The size of the nonconforming structure can be larger than the size it was immediately before the damage or destruction if it is necessary to comply with applicable local, state or federal requirements; g.(7) Repair and reconstruction shall be in compliance with all other provisions of applicable ordinances; a.(8) Damage which is due to an intentional act of the owner or his or her agent may only be repaired in conformity with this Chapter; and h.(9) The mitigation requirements of paragraph (5) (f) (11) above shall apply to nonconforming structures located within shorelands. (10) If the structure is a non-shoreland nonconforming structure, it was damaged or destroyed on or after March 2, 2006; and (11) If the structure is a shoreland nonconforming structure, it was damaged or destroyed on or after October 14, 1997. 248 (7) Discontinued Use of Nonconforming Structures. If the use of a building or structure which is nonconforming as to shoreland zoning provisions is discontinued (as that term is used in Sec. 59.69(10)(a), Wis. Stats., and NR 115.05(3)(e), Wis. Adm. Code) for a period of twelve (12) months, any future use of the structure shall conform to this Chapter. (8) Location of Accessory Structures. An accessory structure to a nonconforming principal structure on a shoreland lot shall comply with the applicable setback set forth in Section 13-1-32 and shall be located at least 10 feet from the principal structure. (h) Impervious Surface Standards. The construction, reconstruction, expansion, replacement or relocation of any impervious surface within 300 feet of the ordinary high-water mark of any navigable waterway must meet the following requirements: (1) Lots or Parcels with 15% or Less Impervious Surface. Up to 15% of the portion of a lot or parcel that is within 300 feet of the ordinary high- water mark may consist of impervious surface without the need for mitigation. (2) Lots or Parcels with More than 15% but no More than 30% Impervious Surface. Between 15% and 30% of the portion of a lot or parcel that is within 300 feet of the ordinary high-water mark may consist of impervious surface provided that the landowner obtains a permit and provided that the mitigation measures of subsection (f) paragraph (11) shall apply. (3) Lots or Parcels with More than 30% Impervious Surface. No more than 30% of the portion of a lot or parcel that is within 300 feet of the ordinary high-water mark may consist of impervious surface. (4) Existing Impervious Surfaces. For existing impervious surfaces that were lawfully placed when constructed but that do not comply with the standards in paragraphs (1) through (3) above, the property owner may do any of the following: a. Maintenance and repair of all impervious surfaces; b. Replacement of existing impervious surfaces with similar surfaces within the existing building envelope; c. Relocation or modification of existing impervious surfaces with similar or different impervious surfaces, provided that the relocation or modification does not result in an increase in the percentage of impervious surface that existed at the effective date of the Bayfield County Shoreland Zoning Ordinance, and meets the applicable setback requirements in s. NR 115.05 (1) (b), Wisconsin Administrative Code. The Bayfield County Planning and Zoning Committee recommendation is: Be Approved with the most recent version presented. 249 Date: July 31,2012 By Action of the Bayfield County Board of Supervisors Shawn W. Miller, Chair A motion was made by Rondeau/Jardine to receive and place on file the Report of the Bayfield County Zoning & Planning Committee Regarding Sections 13-1-4; 13-1-22; 13-1-26; 13-1-32; and 13-1-40, Code of Ordinances for Shoreland Zoning Standards for Non-Conforming Structures. 16. Bayfield County Zoning Amendatory Ordinance No. 2012-21, Amending Sections 13-1-4, 13-1-22, 13-1-26, 13-1-32 and 13-1-40, Code of Ordinances, Bayfield County, Wisconsin. The Board dispensed with the reading of the Ordinance, 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 SECTIONS 13-1-4, 13-1-22, 13-1-26, 13-1-32 AND 13- 1-40, CODE OF ORDINANCES, BAYFIELD COUNTY, WISCONSIN. WHEREAS, Wisconsin Statute §59.69 (5) authorizes the County Board to adopt a zoning ordinance and §59.692 mandates the county to zone by ordinance all shorelands in its unincorporated area; and WHEREAS, Wisconsin Statute §59.69(5)(e) authorizes the County Board to amend an ordinance and Wisconsin Statute §59.692(2)(a) states that the powers of §59.69 apply to ordinances and their amendments enacted under §59.692; 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 Statute §59.69; and WHEREAS, 2011 Wisconsin Act 170 prohibits Bayfield County from enforcing a provision in its shoreland zoning ordinance that regulates the location, maintenance, expansion, replacement, repair or relocation of a nonconforming structure in a way that is more restrictive than the shoreland zoning standard for nonconforming structures promulgated in NR 115.05, Wisconsin Administrative Code; and WHEREAS, it is deemed in the best interest of the County of Bayfield to amend Section 13-1- 40 Code of Ordinances, Bayfield County, Wisconsin, pertaining to nonconforming uses and structures, to conform with the requirements of 2011 Wisconsin Act 170; and 250 WHEREAS, it is deemed in the best interest of the County of Bayfield to also amend Section 13-1-40 Code of Ordinances, Bayfield County, Wisconsin to create a value cap for the expansion of nonconforming uses pursuant to Wisconsin Statute §59.69(10)(am); and WHEREAS, it is deemed in the best interest of the County of Bayfield to amend Section 13-1- 26 Code of Ordinances, Bayfield County, Wisconsin, pertaining to substandard shoreland lots of record, to conform with the requirements of 2011 Wisconsin Act 170; 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) [The following terms used in this Chapter have the meanings indicated:] of Section 13-1-4 [Definitions.] of Article A [Introduction and Definitions] of Chapter 1 [Zoning Code] of Title 13 [Zoning] of the Code of Ordinances, Bayfield County, Wisconsin is hereby amended to read as follows, with additions highlighted by the double underline feature (additions) and deletions highlighted by the strike out feature (deletions): Sec. 13-1-4 Definitions. (a) The following terms used in this Chapter have the meanings indicated: (29) Impervious Surface. A surface consisting of asphalt, concrete, roofing material, brick, paving block, plastic, or other similar material which does not readily absorb water. An area that releases as runoff all or a majority of the precipitation that falls on it. “Impervious surface” excludes, among other things, frozen soil and decks that have at least a ¼ inch space between deck boards with a pervious surface below. “Impervious surface” includes, among other things, rooftops, sidewalks, driveways, parking lots, streets, shingles, concrete and asphalt. (45a) Nonconforming Uses or Structures. Any structure, land or water lawfully used, occupied, or erected at the time of the effective date of this Chapter or amendments thereto which does not comply with this Chapter. Any such structure not conforming in respect to frontage, width, height, area, yard or distance requirements shall be considered a nonconforming structure and not a nonconforming use. A use of land, a dwelling, or a building that existed lawfully before the current zoning ordinance was enacted or amended, but that does not conform with the use restrictions in the current ordinance. (45b) Nonconforming structure. A dwelling or other building, structure or accessory building that existed lawfully before the current zoning ordinance was enacted or amended, but that does not conform with one or more of the development regulations in the current zoning ordinance. Section 2. Paragraph (6) [Boathouses.] of Subsection (a) [Shoreline Setbacks] of Section 13-1- 22 [Setbacks and Height Restrictions.] of Article B [General Provisions] of Chapter 1 251 [Zoning Code] of Title 13 [Zoning] of the Code of Ordinances, Bayfield County, Wisconsin is hereby amended to read as follows, with additions highlighted by the double underline feature (additions) and deletions highlighted by the strike out feature (deletions): Sec. 13-1-22 Setbacks and Height Restrictions. (a) Shoreline Setbacks. (6) Boathouses. No boathouse may be constructed closer to a navigable body of water than the applicable setback after the effective date of this provision. Any existing boathouse between the applicable setback and the ordinary high water mark shall be subject to Section 13-1-40(c)(2) Section 13-1-40(f)(2-3). Any existing boathouse extending beyond the ordinary high water mark shall be subject to Sec. 30.121, Wis. Stats. Section 3. Subsection (d) [Common Ownership] of Section 13-1-26 [Substandard Lots of Record.] of Article B [General Provisions] of Chapter 1 [Zoning Code] of Title 13 [Zoning] of the Code of Ordinances, Bayfield County, Wisconsin is hereby amended to read as follows, with additions highlighted by the double underline feature (additions) and deletions highlighted by the strike out feature (deletions): Sec. 13-1-26 Substandard Lots of Record. (d) Common Ownership. If a substandard lot is in common ownership with abutting lands, the contiguous lots shall be considered a single parcel under the terms of this ordinance, except for the purposes of paragraph (e) below, and such standard lots shall not be transferable unless re-divided to conform to the provisions of this ordinance and the Bayfield County Subdivision Control Ordinance, provided that this provision shall not apply to lots described in subsection (b) above in common ownership of record with abutting lands prior to December 12, 2000. Section 4. Subsection (e) [Building Sites on Substandard Shoreland Lots] of Section 13-1-26 [Substandard Lots of Record.] of Article B [General Provisions] of Chapter 1 [Zoning Code] of Title 13 [Zoning] of the Code of Ordinances, Bayfield County, Wisconsin is hereby created to read as follows. Sec. 13-1-26 Substandard Lots of Record. (e) Buildings Sites on Substandard Shoreland Lots. A legally created lot or parcel that met minimum area and minimum average width requirements when created, but does not meet current lot size requirements, may be used as a building site if all of the following apply: (1) The substandard lot or parcel was never reconfigured or combined with another lot or parcel by plat, survey, or consolidation by the owner into one property tax parcel. (2) The substandard lot or parcel has never been developed with one or more of its structures placed partly upon an adjacent lot or parcel. (3) The substandard lot or parcel is developed to comply with all other Bayfield County Zoning Ordinance requirements. 252 Section 5. Subsection (f) [Impervious Surfaces.] of Section 13-1-32 [Inland Lake Classification and Shoreland Lot Development Requirements.] of Article B [General Provisions] of Chapter 1 [Zoning Code] of Title 13 [Zoning] of the Code of Ordinances, Bayfield County, Wisconsin is hereby repealed. (f) Impervious Surfaces. That part of a shoreland lot within 300 feet of the ordinary high water mark shall not contain more than 4,500 square feet or 15% of impervious surfaces, whichever is greater, except pursuant to a fully implemented storm water management plan approved by the Department and providing that there will be no increase in storm water discharge from the lot as a result of the construction for storms up to and including the 10-year 24-hour storm event. Such plan shall be certified by a registered professional engineer or, at the County’s option, the applicant shall provide funds to defray the costs of County preparation of the plan. (©9/30/2001) Section 6. Subsections (g) [Shoreland Lighting.] and (h) [Relationship to Other Provisions.] of Section 13-1-32 [Inland Lake Classification and Shoreland Lot Development Requirements.] of Article B [General Provisions] of Chapter 1 [Zoning Code] of Title 13 [Zoning] of the Code of Ordinances, Bayfield County, Wisconsin are renumbered as Subsections (f) and (g) respectively. (g)(f) Shoreland Lighting. (©9/30/2001) (1) All outdoor lighting on shoreland lots which is within 300 feet of the ordinary high water mark shall meet the following requirements: (©9/30/2001) a. Lighting shall be controlled so as not to shine up into the sky or onto any neighboring property or onto navigable waters. This may be accomplished by use of fully shielded cut-off fixtures, directing light fixtures downward rather than upward, or by other similarly effective means. (©9/30/2001) b. Where lighting is for security purposes or to illuminate walkways, roadways, equipment yards or parking lots, only fully shielded cut-off style light fixtures shall be used. (©9/30/2001) c. All illuminated signs for commercial purposes visible from navigable waters shall be turned off between 11:00 p.m. and sunrise except that signs may be illuminated while the business facility is open to the public. (©9/30/2001) d. All forms of flashing, rotating, or moving lights shall be prohibited. (©9/30/2001) (2) The above requirements shall apply immediately to all lighting installed after September 25, 2001, and must be complied with no later than September 25, 2006, with respect to any lighting in existence as of September 25, 2001. (©9/30/2001) (3) The provisions of this subsection shall not apply to seasonal holiday lighting. (©9/30/2001) 253 (h)(g) Relationship to Other Provisions. Subsections (b) through (f) above are subject to the provisions of Section 13-1-22 (a) (modifying setbacks for certain structures), Section 13-1-26 (pertaining to substandard lots of record), and Section 13-1-40 (pertaining to nonconforming uses and structures). (©9/30/2001) Section 7. Section 13-1-40 [Nonconforming Uses and Structures] of Article C [Nonconforming Uses and Structures; Special and Conditional Uses; Environmental Impact Analysis; Handicap-Disability Permits] of Chapter 1 [Zoning Code] of Title 13 [Zoning] of the Code of Ordinances, Bayfield County, Wisconsin are hereby repealed and recreated to read as follows. Sec. 13-1-40 Nonconforming Uses and Structures. (a) General Provision. The lawful use of a building, structure or property which existed at the time this Chapter, or an applicable amendment to this Chapter, took effect and which is not in conformity with the provisions of this Chapter, including the routine maintenance of such a building or structure, may be continued, subject to the following conditions subsections (b) – (h). (b) Definitions. In this section, the following terms are defined as follows: (1) “Impervious Surface.” An area that releases as runoff all or a majority of the precipitation that falls on it. “Impervious surface” excludes, among other things, frozen soil and decks that have at least a ¼ inch space between deck boards with a pervious surface below. “Impervious surface” includes, among other things, rooftops, sidewalks, driveways, parking lots, streets, shingles, concrete and asphalt. (2) “Nonconforming Use” means a use of land, a dwelling, or a building that existed lawfully before the current zoning ordinance was enacted or amended, but that does not conform with the use restrictions in the current ordinance. (3) “Nonconforming Structure” means a dwelling or other building, structure or accessory building that existed lawfully before the current zoning ordinance was enacted or amended, but that does not conform with one or more of the development regulations in the current zoning ordinance. (b) (c) Non-Shoreland Nonconforming Uses. (1) Burden of Proof. A property owner claiming a nonconforming use and exemption from application regulations shall prove by a preponderance of the evidence that: a. The use was legally established. b. The use predated zoning provisions with which it does not comply. c. The use was active and actual prior to adoption of such provisions and not merely casual and occasional or incidental to the principal use of the property in which case no vested right to continue use shall have been acquired. 254 (2) No Expansion. Prohibited Expansion. A nonconforming use of a structure or premises shall not be expanded or enlarged. No such use shall be expanded within a structure, which, on the date the use became nonconforming, was only partially devoted to such use. The alteration of, or addition to, or repair in excess of fifty percent (50%) of the assessed value of any non-shoreland existing building, premises, structure or fixture for the purpose of carrying on a nonconforming use is prohibited. (see Sec. 59.69 (10) (am) Wis. Stats.) (1)(3) Allowable Standard. Exceptions to Prohibited Expansion. If the alteration, addition or repair of a non-shoreland building or structure with a nonconforming use is prohibited because it is in excess of fifty percent (50%) of the assessed value of the existing building, premises, structure or fixture, the property owner may still make the proposed alteration, addition or repair if: a. A nonconforming use is permanently changed to a conforming use. b. The property owner appeals the determination of the Zoning Administrator(s) and County Board of Adjustment or the Circuit Court finds in favor of the property under Sec. 59.694(4) or 59.597(10), Wis. Stats. c. The property owner successfully petitions to have the property rezoned by amendment of this Chapter and Sec. 59.69(5)(e), Wis. Stats. (3)(4) Discontinuance. If a nonconforming use is discontinued for twelve (12) consecutive months, any future use of the building, structure or property shall conform to this Chapter. (4)(5) Temporary Structures. If the nonconforming use of a temporary structure is discontinued, such nonconforming use may not be recommenced. (5)(6) Nuisances. Uses that are nuisances shall not be permitted to continue as nonconforming uses. (c)(d) Non-Shoreland Nonconforming Buildings and Structures. (1) Intent. As specified in the following paragraphs, it is the intent of these provisions to balance the public objectives of this Chapter with the interests of owners of nonconforming buildings and structures by: a. Treating buildings and structures, which are most nonconforming and therefore most contrary to the objectives of this Chapter, more restrictively than buildings and structures which are more nearly in compliance with the provisions of this Chapter. b. By allowing the improvement or limited expansion of principal buildings and structures essential to the reasonable use of a property provided the adverse effects of such improvements or expansion are adequately mitigated. 255 (2) Nonconforming Accessory Buildings and Structures and Nonconforming Principal Buildings and Structures of Less than 600 Square Feet. Except as provided in paragraph (6) below regarding reconstruction of damaged or destroyed structures, nonconforming accessory buildings and structures and nonconforming principal buildings and structures of less than six hundred (600) square feet of footprint are limited to ordinary maintenance and repair and shall not be expanded. (12/15/09; (A)12/13/11) (3) Nonconforming Principal Buildings and Structures of 600 Square Feet or Larger. Except as further restricted by the provisions of paragraphs (4) and (6) below, nonconforming principal buildings and structures of 600 square feet or larger may be improved internally, externally, or expanded provided that: ((A)12/13/11) (2) Improvement or Expansion of Non-Shoreland Nonconforming Structures. Non-shoreland nonconforming structures may be improved internally, externally, or expanded provided that: a. A structure that is nonconforming as to structural or dimensional standards may not be expanded or enlarged so as to increase its dimensional nonconformity. b. Where practicable, additions to non-shoreland nonconforming structures shall conform to all applicable provisions of this Chapter. c. Except as provided in paragraph (4)d. below, the The lifetime total of all expansions shall not exceed fifty percent (50%) of the structure’s footprint that existed at the time the structure became nonconforming; an owner shall provide documentation of the footprint of a structure at the time it became nonconforming, and any expansion shall be documented by recorded affidavit; and d. The structure may not be substantially reconstructed by replacement of exterior walls constituting more than twenty five percent (25%) of the perimeter of the initial structure over the life of the structure. The owner shall provide documentation of the perimeter of the structure at the time this provision took effect and any reconstruction shall be documented by recorded affidavit. (3) Non-shoreland Nonconforming Buildings and Structures in Planned Unit Developments, Condominium Developments, or other Developments. Nonconforming buildings and structures in planned unit developments, condominium developments, or other developments, including multiple unit dwellings, hotels, motels and resorts, that are not on shoreland lots shall be subject to paragraphs (d)(1) and (d)(2) above. (e) Shoreland Nonconforming Uses. (1) Compliance with Nonconforming Structure Provisions. Any shoreland building, structure, premises or fixture that constitutes a nonconforming 256 use and is also a nonconforming structure must adhere to the provisions set forth in subsection (f) for nonconforming shoreland structures. (2) Prohibited Expansion. The alteration of, or addition to, or repair in excess of fifty percent (50%) of the assessed value of any existing building, premises, structure or fixture for the purpose of carrying on a nonconforming use is prohibited. (see 59.69 (10) (am) Wis. Stats.) (3) Exceptions to Prohibited Expansion. If the alteration, addition or repair of a shoreland building or structure with a nonconforming use is prohibited because it is for the purpose of carrying on a nonconforming use and is in excess of fifty percent (50%) of the assessed value of the existing building, premises, structure or fixture, the property owner may still make the proposed alteration, addition or repair if the property owner meets all provisions set forth in subsection (f) for nonconforming shoreland structures and: . The alteration, addition or repair is not for the purpose of carrying on a nonconforming use. b. A nonconforming use is permanently changed to a conforming use. c. The property owner appeals the determination of the Zoning Administrator(s) and County Board of Adjustment or the Circuit Court finds in favor of the property under Secs. 59.694(4) or 59.597(10), Wis. Stats. d. The property owner successfully petitions to have the property rezoned by amendment of this Chapter and Sec. 59.69(5)(e), Wis. Stats. (4) Discontinuance. If a shoreland nonconforming use is discontinued for twelve (12) consecutive months, any future use of the building, structure or property shall conform to this Chapter. (5) Temporary Structures. If the shoreland nonconforming use of a temporary structure is discontinued, such nonconforming use may not be recommenced. (6) Nuisances. Uses that are nuisances shall not be permitted to continue as nonconforming uses. (4) Additional Requirements for Nonconforming Buildings and Structures on Shoreland Lots. Except as otherwise provided in paragraphs (4a), (4b), and (6) nonconforming buildings and structures on shoreland lots shall be subject to paragraphs (c)(2) and (3) of this Section, and in addition thereto, principal buildings and structures on such lots of six hundred (600) square feet of enclosed dwelling space or larger shall be subject to the following provisions of this paragraph: ((A)12/13/11) (f) Shoreland Nonconforming Structures. 257 (1) Shoreland Setback. Except as provided in paragraphs (f)(5) (f)(6a) and (f)(6ab) above, a setback of seventy-five (75) feet from the ordinary high- water mark of any navigable waters to the nearest part of a building or structure shall be required for all buildings and structures. (a) (2) Nonconforming Structures Located Less than Thirty-five (35) Feet from the Ordinary High Water Mark. With respect to such structures located less than forty (40) thirty-five (35) feet from the ordinary high water mark: 1. a. Internal improvements shall be confined to the An existing structure that was lawfully placed when constructed but that is located within the shoreland setback may be maintained and repaired within its existing building envelope and. Such internal improvements may be constructed without a land use permit. 3.c. b. Exterior improvements shall be limited to those which do not change the size or shape of the structure, except that a flat roof may be replaced by a pitched roof, provided that the additional space under the pitched roof may not be used for living area, storage, or other purpose. Maintenance and repair includes such activities as interior remodeling, plumbing, insulation, and replacement of windows, doors, siding or roof. A flat roof may be replaced with a pitched roof subsequent to a land use permit and mitigation applies. 2.b. c. Except as provided in subparagraph b., No new foundations of any kind, additional stories, other expansion, or accessory construction shall be permitted. For the purpose of this section of the Chapter, repair of 25% or more of the lineal perimeter of the foundation shall be considered a replacement or new foundation and not a repair. Repair or replacement of a foundation is considered maintenance and repair if: 1. The foundation is repaired or replaced to the size, including the footprint and total square footage and location that it had before the repair or replacement; and 2. If there is repair or replacement of 25% or more of the lineal perimeter of the foundation, the owner obtains a permit and complies with mitigation requirements under paragraph (11) below. 4. d. Repair or replacement of a foundation or wall(s) which requires any land disturbance in the vegetation protection area shall require a land use permit. and the mitigation requirements of paragraph (5) paragraph (11) below are complied with. 5. e. The mitigation requirements of paragraph (5) (11) below are complied with. 258 b. With respect to structures located twenty (20) or more feet but less than forty (4) feet from the ordinary high water mark: 1. A life time maximum of one hundred seventy-five (175) square feet of enclosed dwelling space. ((A) 10/26/2010) 2. Shall be located on the landward side of the structure ((A) 10/26/2010) 3. Shall be permitted if the resulting structure’s resulting height does not exceed twenty-six (26) feet. ((A) 10/26/2010) 4. Its footprint does not exceed one thousand five hundred (1,500) square feet, its roof overhand does not exceed one thousand nine hundred (1,900) square feet, and its enclosed dwelling space does not exceed two thousand five hundred (2,500) square feet, and ((A) 10/26/2010) 5. A plan meeting all of the following requirements is submitted to and approved by the Bayfield County Zoning Department and is fully implemented and complied with: ((A) 10/26/2010) a. The septic system shall be upgraded in accordance with COM 83, Wis. Adm. Code, and the Bayfield County Sanitary Private Sewage Ordinance. ((A) 10/26/2010) b. Water runoff from the structure shall be handled in accordance with best management practices. ((A) 10/26/2010) c. A shoreline vegetation protection area shall be established and maintained for at least one-half of the distance from the ordinary high water mark to the structure. Any natural vegetation located closer to the structure than one-half the distance from the ordinary high water mark shall also be maintained. ((A) 10/26/2010) d. The mitigation requirements of paragraph (5) below are complied with. ((A) 10/26/2010) c. (3) With respect to structures located forty (40) or more feet but less than seventy-five (75) feet from the ordinary high water mark. Nonconforming Structures Located Thirty-five (35) Feet or More but less than Seventy-five (75) Feet from the Ordinary High Water Mark. A nonconforming structure located thirty-five (35) or more feet but less than seventy-five (75) feet from the ordinary high water mark may be expanded vertically, provided that: 259 1. a. The resulting structure shall not exceed twenty-six (26) thirty-five (35) feet in height, as defined in Section 13-1- 22(h) ch. NR 115.05(1)(f), Wisconsin Administrative Code. 2. The addition shall be within the existing footprint or landward thereof and a. Shall not increase the existing footprint by more than fifty percent (50%) b. Shall not increase the resulting footprint (of the existing structure and addition combined) beyond one thousand five hundred (1,500) square feet. ((A) 10/26/2010) c. May have a vertical addition (i.e. 2nd story) provided the existing structure’s integrity and load bearing capacity is verified (in writing) by a structural engineer. ((A) 10/26/2010) d. May have a horizontal/lateral addition if the expanded area meets the building setback requirements provided all the provisions of paragraph (4)c. are complied with. ((A) 10/26/2010) 3. The resulting structure shall not exceed one thousand nine hundred (1,900) square feet of roof overhand (measured in a horizontal plane); 4. The resulting structure shall not exceed two thousand five hundred (2,500) feet of enclosed dwelling space (measured for all stories excluding the basement); 5. No new or raised foundation for the existing structure or any attached accessory structure shall be permitted, though a foundation may be constructed under a permitted lateral addition; and ((A) 10/26/2010) 6. Any expansion or exterior improvement shall require a land use permit, and the mitigation requirements of paragraph (5) shall apply. 7. Repair of 25% or more of the lineal perimeter of the foundation shall be considered a replacement or new foundation and not a repair. ((A) 10/26/2010) b. The property owner obtains a land use permit and fulfills the mitigation requirements of paragraph (11) below. c. All other provisions of the Bayfield County Shoreland Zoning Ordinance shall be met. d. If use of the structure has been discontinued for a period of twelve (12) months or more, any further use of the structure shall conform to this chapter. 260 (4) Nonconforming Structures Located Seventy-five (75) Feet or More from the Ordinary High Water Mark. Except as provided in subs. (f) paragraphs (5), (6a) and (6b) below, an existing structure that was lawfully placed when constructed but that does not comply with the required building setback under subs. (f)(1) may be expanded horizontally, landward or vertically provided that the expanded area meets the building setback requirements in subs. (f)(1) and that all other provisions of the Bayfield County Shoreland Zoning Ordinance are met. d. (5) Nonconforming Structures Located on Class 3 Lakes or on Lots Adjoining or Including Rivers or Streams. Nonconforming principal buildings and structures located on lots on Class 3 lakes which are set back at least seventy-five (75) feet but less than one hundred (100) feet from the ordinary high water mark and nonconforming principal buildings and structures located on lots adjoining or including rivers or streams which are set back at least seventy-five (75) feet but less than one hundred (100) feet from the ordinary high water mark, may be improved and expanded upon the issuance of a land use permit to the same extent as if they were conforming structures provided that: 1. a. The mitigation requirements of paragraph (5) (11) below are complied with; and 2. b. Any addition is located no closer to the ordinary high water mark than the existing structure; and 3. c. Such structures shall be subject to paragraph (7) of this subsection. If use of the structure has been discontinued for a period of twelve (12) months or more, any further use of the structure shall conform to this chapter. (6) (4a) (6a) Additional Requirements for Nonconforming Buildings and Structures in Planned Unit Developments and Other Multiple Unit Developments. a. General Setback Requirements. Except as otherwise provided in paragraph (4b), nonconforming Buildings and structures in planned unit developments, condominium developments, or other developments, including a multiple unit dwellings, hotels, motels or resorts, shall be subject to paragraphs (c)(2) and (3) of this section, and the provisions of Section 13-1-40(c)(4) a, b, and c, (but not d) shall apply to such buildings and structures which are nonconforming with respect to shoreline setback, except that 13-1-40(c)(4) c which are nonconforming with respect to shoreline setback shall be subject to the provisions of 13-1-40 (f) (1), (2) and (3) above, except that: 1. 13-1-40 (f) (3) shall apply to such structures located 40 thirty-five (35) or more feet but less than two hundred (200) feet from the ordinary high water mark; 261 2. The expansions and improvements permitted under said provisions shall be permitted even if the development is nonconforming with respect to open space requirements; 3. Mitigation measures described in 13-1-40 (c) (5) c.1, 2, and 3 13-1-40(f)(11) d. 1, 2, and 3 shall be applied to the percentage of a development’s shoreline equal to the percentage interest in the development owned by the owner of the expanded structure, either in front of the expanded structure or spread out over other portions of the shoreline. b. Lots in Planned Unit Developments. A non-riparian lot may be created provided that: 1. A plat or certified survey map including that lot within the planned unit development has been approved and recorded by the county; 2. The planned unit development contains at least two (2) acres or two hundred (200) feet of frontage; and 3. The reduced non-riparian lot sizes are allowed in exchange for larger shoreland buffers and setbacks on those lots adjacent to navigable waters that are proportional to and offset the impacts of the reduced lots on habitat, water quality and natural scenic beauty. c. New structures added to a development existing as of September 25, 2001, after such date shall meet the requirements applicable to new developments contained in 13-1-32 (e). (6a)(4b)(6b) Additional Requirements for Certain Nonresidential Buildings on Shoreland lots. A nonconforming building or portion thereof which is not used for human habitation or a use ancillary thereto is subject to the provisions of subs. (f) paragraphs (1-4). may be expanded up to 50% of the square footage of such building or such portion existing at the time the building became nonconforming provided that: a. The building is at least 40 feet from the ordinary high water mark. b. The expansion has been authorized by the issuance of a conditional use permit. c. The expansion does not expand any space used in such building for human habitation (including transient habitation) or a use ancillary thereto. d. The expansion does not increase the building’s nonconformity with respect to a setback or height requirement and complies with the provisions of this Ordinance in all other respects. 262 e. The mitigation requirements of paragraph (5) below are complied with. (7) Replacement or Relocation of Nonconforming Structure. An existing structure that was lawfully placed when constructed but that does not comply with the required building setback under subs. (f) paragraph (1) may be replaced or relocated on the property provided all of the following requirements are met: a. The use of the structure has not been discontinued for a period of twelve (12) months or more. b. The existing structure is at least thirty-five (35) feet from the ordinary high-water mark. c. No portion of the replaced or relocated structure is located any closer to the ordinary high-water mark than the closest point of the existing principal structure. d. The county determines that no other location is available on the property to build a structure of a comparable size to the structure proposed for replacement or relocation that will result in compliance with the shoreland setback requirement in subs. (f) paragraph (1). e. The mitigation requirements of paragraph (11) below are complied with. f. The county shall issue a permit that requires all other structures on the lot or parcel that do not comply with the shoreland setback requirement in subs. (f) paragraph (1) and are not exempt under NR 115.05(1)(b)1m, Wisconsin Administrative Code to be removed by the date specified in the permit. g. All other provisions of the Bayfield County Shoreland Zoning Ordinance shall be met. (4)e. (8)Wetland and Stream Setbacks. A nonconforming building or structure whose only nonconformity is its setback from a wetland not adjoining or constituting a part of a navigable water or from an intermittent stream may be improved and expanded upon the issuance of a land use permit to the same extent as if it were a conforming structure provided that: (2) a. Such structure shall be subject to paragraph 7 of this subsection. The use of the structure has not been discontinued for a period of twelve (12) months or more. (1) b. The addition or expansion does not increase the nonconformity. (4)f. (9) Class 2 or Class 3 Lakeshore Lots with Side Yard Setbacks. A building or structure located on a Class 2 or Class 3 lakeshore lot which is greater than ten (10) feet from a side yard setback but less than the distance from a side yard boundary required under Section 13-1-32(b)(1), and which is a nonconforming structure solely for that reason, may be improved and 263 expanded upon the issuance of a land use permit to the same extent as if it were a conforming structure, provided that: a. and such building or structure shall be subject to paragraph (7) of this subsection. The use of the structure has not been discontinued for a period of twelve (12) months or more. b. any expansion must not The addition or expansion does not increase the nonconformity. (4)g.(10) Compliance with Most Restrictive Zone Standards. Nonconforming buildings and structures which are located in more than one setback zone shall comply with the standards of the more restrictive zone. (5) (11) Mitigation Measures. As specified in the following provisions, the objective of these mitigation requirements is to compensate for adverse environmental effects when development is permitted to occur within designated shoreline setback areas. A site plan and implementation schedule describing any required mitigation shall be submitted by the property owner or owner’s authorized agent and approved by the Planning and Zoning Department and/or Land and Water Conservation Department prior to issuance of the related land use permit(s). Mandatory mitigation measures shall include: a. Evaluation and upgrading of any existing sanitary system on the subject property to comply with COM 83, Wis. Adm. Code, and the Bayfield County Sanitary and Private Sewage Ordinance. b. Implementation of erosion and storm water runoff control measures in accordance with best management practices. c. The obligations of the property owner under the mitigation plan shall be evidenced by an instrument recorded in the office of the Bayfield County Register of Deeds. d. The mitigation measures shall be proportional to the amount and impacts of the activity being permitted. In some circumstances, a storm water management plan may be the only and most critical mitigation measure. c. e. Accumulating at least four (4) points from among the following proposed or current practices: 1. Restoration or maintenance of a shoreline vegetation protection area within twenty-five (25) feet of the ordinary high water mark (OHWM) (1 point). 2. Restoration or maintenance of a shoreline vegetation protection area within forty (40) feet of the OHWM (2 points). 264 3. Restoration or maintenance of a shoreline vegetation protection area within seventy-five (75) feet of the OHWM (3 points). 4. Restoration of native vegetation along both side yards (1 point). 5. Removal of nonconforming accessory buildings from the shore setback area (1 point per building) 6. Use of exterior building materials or treatments that are inconspicuous and blend with the natural setting of the site (1/2 point). 7. Compliance with Sec. 13-1-32(g) shoreland lighting requirements (1/2 point). 8. Other practices agreed upon by the Zoning Department (seawall removal, removal of excessive dockage and mooring, removal of artificial sand beaches, etc.) (Points as determined by the Zoning Department). (6) (g) Damaged or Destroyed Nonconforming Structures. Except as provided in paragraph (7) of this subsection, Nonconforming buildings and structures that are damaged or destroyed by a natural event, including, but not limited to, violent wind, vandalism, fire, flood, ice, snow, mold or infestation may be reconstructed provided that: a. Damage which is due to an intentional act of the owner or his or her agent may only be repaired in conformity with this Chapter; ((A)12/13/11) (1) The use of the building or structure which is nonconforming as to shoreland zoning provisions was not discontinued for a period of twelve (12) months or more; b.(2) Repair and reconstruction shall be limited to that part of a structure and its specific improvements which are actually damaged or destroyed by a natural event and similar building materials shall be utilized; c.(3) The owner has the burden to establish that the damage or destruction to a nonconforming structure or part thereof was actually caused by a natural event and to establish the specific extent to which said damage or destruction occurred; d.(4) The structure or part thereof that has actually been damaged or destroyed shall be reconstructed to the size, including the footprint and total square footage, location, and use that it had immediately before the damage or destruction occurred, subject to paragraph (6); e.(5) The owner shall bear the burden of proof as to the size, location, and use of a damaged or destroyed nonconforming structure or part thereof immediately before the damage or destruction occurred; 265 f.(6) The size of the nonconforming structure can be larger than the size it was immediately before the damage or destruction if it is necessary to comply with applicable local, state or federal requirements; g.(7) Repair and reconstruction shall be in compliance with all other provisions of applicable ordinances; a.(8) Damage which is due to an intentional act of the owner or his or her agent may only be repaired in conformity with this Chapter; and h.(9) The mitigation requirements of paragraph (5) (f) (11) above shall apply to nonconforming structures located within shorelands. (10) If the structure is a non-shoreland nonconforming structure, it was damaged or destroyed on or after March 2, 2006; and (11) If the structure is a shoreland nonconforming structure, it was damaged or destroyed on or after October 14, 1997. (7) Discontinued Use of Nonconforming Structures. If the use of a building or structure which is nonconforming as to shoreland zoning provisions is discontinued (as that term is used in Sec. 59.69(10)(a), Wis. Stats., and NR 115.05(3)(e), Wis. Adm. Code) for a period of twelve (12) months, any future use of the structure shall conform to this Chapter. (8) Location of Accessory Structures. An accessory structure to a nonconforming principal structure on a shoreland lot shall comply with the applicable setback set forth in Section 13-1-32 and shall be located at least 10 feet from the principal structure. (h) Impervious Surface Standards. The construction, reconstruction, expansion, replacement or relocation of any impervious surface within 300 feet of the ordinary high-water mark of any navigable waterway must meet the following requirements: (1) Lots or Parcels with 15% or Less Impervious Surface. Up to 15% of the portion of a lot or parcel that is within 300 feet of the ordinary high- water mark may consist of impervious surface without the need for mitigation. (2) Lots or Parcels with More than 15% but no More than 30% Impervious Surface. Between 15% and 30% of the portion of a lot or parcel that is within 300 feet of the ordinary high-water mark may consist of impervious surface provided that the landowner obtains a permit and provided that the mitigation measures of subsection (f) paragraph (11) shall apply. (3) Lots or Parcels with More than 30% Impervious Surface. No more than 30% of the portion of a lot or parcel that is within 300 feet of the ordinary high-water mark may consist of impervious surface. (4) Existing Impervious Surfaces. For existing impervious surfaces that were lawfully placed when constructed but that do not comply with the 266 standards in paragraphs (1) through (3) above, the property owner may do any of the following: a. Maintenance and repair of all impervious surfaces; b. Replacement of existing impervious surfaces with similar surfaces within the existing building envelope; c. Relocation or modification of existing impervious surfaces with similar or different impervious surfaces, provided that the relocation or modification does not result in an increase in the percentage of impervious surface that existed at the effective date of the Bayfield County Shoreland Zoning Ordinance, and meets the applicable setback requirements in s. NR 115.05 (1) (b), Wisconsin Administrative Code. A motion was made by Rondeau/Jardine to receive and place on file the Report of the Bayfield County Planning and Zoning Committee Regarding Amending Sections 13-1-4, 13-1-22, 13-1-26, 13-1-32 and 13-1-40, Code of Ordinances, Bayfield County, Wisconsin. Discussion took place on why there are so many amendments. It was stated that some are coming down from the State so this to clean up what we presently have in place. The motion carried. 17. Comprehensive Planning Report – Karl Kastrosky, Zoning Director, was present to give a brief summary on the Comprehensive Planning Report. He explained that we have now received our final compensation dollars. This Comp Plan was a huge undertaking and was a bigger than he had ever anticipated, however through the enthusiasm of the towns people the project was completed and we have in place a very good tool. He stated that this document is used every day, the committee uses it every month and as do the local towns. He reminded the Board that every December it needs to be reviewed. Karl also announced to the Board that this will be his last County Board meeting as he will be retiring in September and thanked the Board for trusting in him and for giving him their respect. The Board wished Karl well. 18. Discussion and Possible Action Regarding Wage Study of Employees. Abeles- Allison explained that both the Transition and Executive Committees received a proposal from the firm of Wipfli. Their estimated cost for doing the project is $15,000, with an additional amount if expanded into benefits of $3,000. The Executive Committee is recommending that this come out of the Contingency Fund. This study will cover over 30 positions, will give a new wage standard and both internal and external positions. A motion was made by Rondeau/Kittleson to approve the recommendation of the Executive Committee to have the firm of WIPFLI perform a Wage Study, not to exceed $18,000. Discussion as to why we should have this done; this is an excessive amount of money. The Executive Committee felt this was worth doing as it has been a long time since one has been done. This will compare jobs to jobs, not just titles to titles. Discussion as to why now that the Unions are gone that we decide to do this now. Once this is completed, if wages are too high, are we going to cut employee wages or if too low, increase dramatically? Wages have been fine thus far, why not leave alone? A roll call vote was taken as follows: Jardine-no; Maki-no; 267 Kittleson-yes; Bennett-yes; Pocernich-yes; Schultz-yes; Williams-yes; Bichanich-yes; Miller-yes; Crandall-yes; Rondeau-yes; Meyers-yes; Bussey-yes. Total: 13, 11 yes, 2 no. The motion carried. 19. Presentation on Northern Lights Finance Report. Gene Jordan, Director of Northern Lights Manor Nursing Home, was present to give the County Board a update as to what has been taking place at the nursing home. He reported that everything was sailing along very smoothly from all aspects, home health, assisted living and the nursing home, then Medicare and Medicaid dropped their rates which gave us a 8% budget loss. They have tried to make changes to correct the situation such as taking out 10 beds, cut both staff and management positions, renegotiated purchase contracts, froze current employee wages, tightened the billing and collection process and have written anything off they possibly could, to name a few. He reported that Northern Lights does not currently have the equity to secure its short term borrowing needs. It has closed the gap between revenues and expenses, but is still running a slight deficit through May. He also stated that the goal of the nursing home is to make money and to build up equity. Our equity line is small right now and the bank is having a difficult time baking up the nursing home’s line of credit. The Northern Lights Services Board is committed to the management and service changes needed to continue providing the health services throughout the area for the coming years. Jordan stated that the Northern Lights Board is asking the Bayfield County Board to assist us in two specific ways to help their position through the rest of 2012. 1) The County Board would co-sign on the following credit instruments extended to Northern Lights by Bremer Bank: Revolving Credit line maximum $200,000 Letter of Credit in lieu of Unemployment Insurance through 2013 $ 72.433 Security Bond for Resident Reserves $ 10,000 Credit Lines Total $282,433 2) The County Board purchase the land holdings currently held by Northern Lights with the option for Northern Lights to buy back said properties within 10 years at the same price. This raising of cash will help Northern Lights stay more current with expenses through the end of the year. Any portion not needed will be used to meet our reserve goal with the County. 9.35 acres of vacant land at 901 E. Bayfield St., Washburn, WI, Parcel 291-1011-10-000 for the Price purchased in Nov. 2012 of $117,000 7 acres that NLS facility sits on, City of Washburn, Parcel 291-1012-01-990 $ 62,500 Total $179,500 Chairman Miller stated that these facts and figures will be present for the Board to discuss in executive session, but would like Mr. Jordan to stay in case the Board has any further questions for him. Board took a break at 7:40 pm returning at 7:50 268 20. A motion was made by Crandall/Meyers for the Bayfield County Board of Supervisors to move in and out of Executive Session pursuant to §19.85(1)(e), deliberating or negotiating the purchasing of public properties, the investing of public funds, or conducting other specified public business, whenever competitive or bargaining reasons require a closed session and (g) conferring with legal counsel for the governmental body who is rendering oral or written advice concerning strategy to be adopted by the body with respect to litigation in which it is or is likely to become involved. The motion carried. A motion was made by Crandall/Kittleson to move out of executive session. The motion carried. The Board took action on their discussion in executive session as follows: 21. Personnel Negotiations: A motion was made by Bussey/Schultz that the Bayfield County Board of Supervisors deny Denise Bailey’s settlement proposal. A roll call vote was taken as follows: Maki-no; Kittleson-yes; Bennett-no; Pocernich-yes; Schultz- yes; Williams-no; Bichanich-yes; Miller-yes; Crandall-yes; Rondeau-yes; Meyers-yes; Bussey-yes; Jardine-no. Total: 13, 9 yes, 4 no. The motion carried. 22. Northern Lights Manor Action: A motion was made by Bussey/Rondeau that Bayfield County put funds in a guaranteed account in Bremer Bank in the amount of $272,000 for working capital and unemployment funds or other acceptable arrangement for guaranteeing funds in that amount. That Bayfield County also lend Northern Lights a loan in the amount of $180,000 for a 3-year term, with 1% interest per year, with the 2 real estate parcels proposed by Northern Lights to secure the loan and mortgage on those parcels; and with a stipulation that Northern Lights submit monthly financial statements to Bayfield County, that the County be involved with the monthly review of financial statements with Northern Lights and that the County be involved in the selection of the administrative successor to Gene Jordan. Discussion. A roll call vote was taken as follows: Kittleson-yes; Bennett-yes; Pocernich-yes; Schultz-yes; Williams-yes; Bichanich-yes; Miller-yes; Crandall-yes; Rondeau-yes; Meyers-yes; Bussey-yes; Jardine-yes; Maki-yes. Total: 13, 13 yes, 0 no. The motion carried. 23. Rip Rap Project Claim. A motion was made by Schultz/Pocernich to meet with the property owners and to come up with a plan for the restoration of the property at Bayfield County’s expense. Discussion on whether this was a grant. The property owners submitted the permit and agreed to do the project, there was grant money involved, and the County was involved. Discussion on what went wrong believing, it was the materials that were used. Discussed whether the motion needs to address if we are denying or accepting the claim. A roll call vote was taken as follows: Bennett-no; Pocernich-yes; Schultz-yes; Williams- yes; Bichanich-no; Miller-no; Crandall-no; Rondeau-no; Meyers-no; Bussey-no; Jardine-no; Maki-no; Kittleson-no. Total: 13, 10 yes, 3 no. The motion failed. A motion was made by Bussey/Rondeau to deny the claim. Discussion about having a Land Conservation person to look at the property in question. The motion carried. 24. Zoning Petitions: Upcoming possible petitions have been sent to your drop boxes for your review. 269 25. Administrator’s Report: a. WI DNR Taking Input on White River Area Plan. Press release is in your mail box. Input is being accepted through the end of this month. b. Election Update. August 14th, the only competition is for the US Senate seat on the republican side. c. Budget Process. Friday department heads are have their capital improvements written up and sent in. If you are on a committee you should be discussing the 2013 budget as we need this by August 23rd. d. Transition Committee. The next meeting is scheduled for August 15th at 5:00 p.m. 26. Supervisors’ Report a. Weekly Update. Supervisor Schultz asked that this be placed on the agenda. He stated he is very appreciative of this. He asked the Administrator if he could furnish the number of employees that were away from work during the months of June, July and August for either sick leave, vacation, or other. Other supervisors stated that this was micromanaging and they didn’t want any part of it as it is the employee’s own time off that they have earned. b. Update on I-pads. Supervisor Schultz stated that he also asked that this be placed on the agenda. He would like discussion as to what is working what is not, are other supervisors having problems and is there a program out there that could be added to make this an easier process. There being no further business to come before the Bayfield County Board of Supervisors, Chairman Miller adjourned the meeting at 9:00 p.m. Respectfully submitted, Scott S. Fibert, Bayfield County Clerk SSF/dmb