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Minutes of the
Bayfield County Board of Supervisors’ Meeting
Of August 28, 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: Pocernich-present; Schultz-present; Williams-present; Bichanich-
present; Miller-present; Crandall-present; Rondeau-present; Meyers-present; Bussey-
present; Jardine-present; Maki-present; Kittleson-present; Bennett-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; Rob Schierman, Interim Zoning Director; Craig Haukaas, District Attorney;
Carrie Linder, Aging & Disabilities Service Manager; Jan Victorson, Emergency
Management Coordinator; Jack Olson, Child Support Administrator; Terri Kramolis,
Health Director; Benjamin Dufford, County Conservationist; Tim Kane, UW-Extension
Community Development Educator; Wanda Moeller, Reporter for The Daily Press; and
community residents.
Chairman Miller stated that his first order of business was to thank the Ashland
Daily Press for the coverage that has been given to Bayfield County.
The Pledge of Allegiance was recited by all in attendance.
1. Motion Regarding Minutes of July 31, 2012 Bayfield County Board of
Supervisors’ Meeting.
A motion was made by Pocernich/Kittleson to adopt the Minutes of July 31,
2012 Bayfield County Board of Supervisors’ Meeting. Supervisor Pocernich stated that
there should be a correction at #23 regarding the rip rap project. The total who voted
should read 10 no and 3 yes. With this correction the motion carried.
2. Public Comment.
David Campbell from Lake Namakagon. He spoke about gaining permission to put in
a holding tank. He read a letter that he sent to the Zoning Board. Chairman Miller
explained that the Board cannot answer his questions now and they referred him to the
Zoning Committee.
Jack Olson – Child Support Administrator for Bayfield County. He explained that
he was present to comment on Item #13 of the Agenda which is the proposal to include
the Child Support office under the direction of the Human Services Department. He
stated that he made his viewpoints very well-known early on and he has not changed his
mind on this. He believes it is best to keep the Child Support Agency as an independent
agency.
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3. Introduction of Craig Haukaas, Bayfield County District Attorney
Candidate for Re-Election in November, 2012. Just finishing Court, Haukaas made his
appearance before the Bayfield County Board to announce his re-election for District
Attorney in November, 2012. Haukaas stated that he is both an attorney and a
prosecutor; when he is wrong, he says he is wrong, and he doesn’t compromise. The
Bayfield County Justice System is a model system for the State. We have worked very
hard to accomplish this and it is evident since other counties are coming to look at the
system that Bayfield County has in place. Haukaas stated that he has the support from
such people as the Iron River, Red Cliff, Washburn, Bayfield, Chiefs of Police; former
County Clerk, Thomas Gordon and former Sheriff, Bob Follis. He stated that it humbles
him to know that so many people are behind him. Haukaas loves his job and will continue to
work very for the County. He stated that he has had the Board’s support in the past would
very much appreciate it once again.
4. Department of Human Services 2011 Annual Report. The Board
dispensed with the reading of the report, however, a copy of the same is on file in the
Human Services Department for review. Abeles-Allison reported that Elizabeth Skulan,
HS Director, could not be present this evening and he highlighted items in the report on
her behalf. Discussion took place. One suggestion the Board had was for Skulan to send
her report a month earlier like Kay Cederberg did this year with hers, and then come back
to the Board the following month for discussion with the Board. The Board felt as in the
past that this was too much information to absorb with just one reading. A motion was
made by Rondeau/Crandall to receive and place on file the Department of Human
Services 2011 Annual Report. The motion carried.
5. Bayfield County Resolution No. 2012-39, Ratifying County Board Chair
Action Regarding Emergency Proclamation for Storm Damages. Jan Victorson,
Emergency Mgmt. Coordinator, was present to explain the purpose of this resolution was
to simply ratify the actions that were taken by the Chairman back in May when we had our
severe storms. The original proclamation was signed the day of the May County Board
Meeting, but was not listed as an agenda item and therefore no action could be taken. This
evening it is simply to ratify that action. The Board dispensed with the reading of the
Resolution, which reads as follows:
WHEREAS, a disaster, namely heavy rains commencing on May 24, 2012, has had
major impact on local jurisdictions in Bayfield County; and
WHEREAS, the heavy rains have caused major damage to the public road
infrastructure throughout the county; and
WHEREAS, documentation in the form of an emergency proclamation related to
emergency conditions and related expenditures will support local jurisdictions and the
county in requesting outside funding assistance; and
WHEREAS, because of the developing emergency conditions, such an emergency
proclamation was not listed as an agenda item for the Bayfield County Board; and
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WHEREAS, pursuant to State Statute 323.11 and 323.14 (4)(b) of the Wisconsin
State Statutes it was necessary and expedient for the health, safety, welfare and good
order to proclaim that emergency conditions exist; and
WHEREAS, the County Board Chair of the Bayfield County Board of Supervisors
signed an emergency proclamation at the Bayfield County Courthouse on May 29, 2012;
NOW THEREFORE, BE IT RESOLVED, that the Bayfield County Board of
Supervisors assembled this 28th day of August, 2012, by this resolution ratifies the
emergency proclamation signed by the County Board Chair on May 29, 2012.
By Action of the
BAYFIELD COUNTY BOARD OF SUPERVISORS
Shawn W. Miller, Chair
A motion was made by Bussey/Bichanich to adopt Resolution No. 2012-39,
Ratifying County Board Action Regarding Emergency Proclamation for Storm Damages.
The motion carried.
6. Bayfield County Resolution No. 2012-40, Request to Amend the 2012
Bayfield County Land & Water Conservation Department Budget. Ben Dufford, County
Conservationist, was present to explain that this Resolution is a mere handful of budget
amendments that must be done to balance their budget; both the revenue and expenses
remain the same and we are carrying over one more year. The Board dispensed with the
reading of the Resolution, which reads as follows:
WHEREAS, the Bayfield County Land & Water Conservation Department requests
that their 2012 budget be amended as follows to reflect actual amounts at the beginning
of the year through the Grant(s), Cost-Share and Cooperative Agreement(s);
NOW, THEREFORE, BE IT RESOLVED, that the Bayfield County Board of
Supervisors, meeting this 28th day of August, 2012 approve the following budget
amendments to reflect Grant(s), Cost-Share and Cooperative Agreement(s) actuals:
Increase revenue account 100-28-43590-101 by: $28,750.
Reduce revenue account 100-28-43590-102 by: $10,545.
Increase expense account 100-28-56113-50290 by: $28,750. (CBCW #3)
Reduce expense account 100-28-56112-50290 by: $10,545. (BONY LAKE)
By Action of the
BAYFIELD COUNTY BOARD OF SUPERVISORS
Shawn W. Miller, Chair
A motion was made by Jardine/Bichanich to adopt Bayfield County Resolution
No. 2012-40, Request to Amend the 2012 Bayfield County Land & Water
Conservation Department Budget. A roll call vote was taken as follows: Schultz-yes;
Williams-yes; Bichanich-yes; Miller-yes; Crandall-yes; Rondeau-yes; Meyers-yes;
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Bussey-yes; Jardine-yes; Maki-yes; Kittleson-yes; Bennett-yes; Pocernich-yes.
Total: 13, 13 yes, 0 no, the motion carried.
7. Bayfield County Resolution No. 2012-42, Request to Amend the 2012
Bayfield County Land & Water Conservation Department Budget. This item was
postponed as there was not a quorum at the Land & Water Conservation Committee
Meeting for approval. Chairman Miller asked for a motion to have this item placed on the
September 18th agenda. A motion was made by Pocernich/Bichanich to postpone the
adoption of Bayfield County Resolution No.; 2012-42, Request to amend the 2012
Bayfield County Land & Water Conservation Department Budget. The motion carried.
8. Bayfield County Resolution No. 2012-42, Request to Amend 2012
Bayfield County UW-Extension Budget with Regard to Agroforestry Demonstration
Grant. Tim Kane, UW-Extension Community Development Educator, was present to explain
the purpose of the Resolution. Jason Fischbach applied for and the County received a
grant for a 2-year project, to design and maintain conservation practices and to initiate
income generating projects and native plants. This is presently taking place on the old
agricultural station site and at the Visitor’s Center. The Board dispensed with the reading
of the Resolution, which reads as follows:
WHEREAS, Bayfield County applied for and has been awarded an Agroforestry
Demonstration Grant from the US Forest Service; and
WHEREAS, this grant project will be used to design, plant and maintain for two
years an agroforestry practice on both the property of the Northern Great Lakes Visitor
Center and the Agriculture and Energy Resource Center in Bayfield County; and
WHEREAS, additional budget authority is required to carry out this project.
NOW, THEREFORE, BE IT RESOLVED, that the Bayfield County Board of
Supervisors assembled this 28th day of August, 2012, hereby approves the following 292
budget amendment to authorize revenues and expenditures necessary to facilitate the
implementation of this grant project.
Agroforestry Demonstration Grant
Increase revenue account # 292-25-43270-002 by $10,000
Increase expense account # 292-25-55641-50290 Contractual Services by $5,000
Increase expense account # 292-25-55641-50340 Operating Supplies by $5,000
By Action of the
BAYFIELD COUNTY BOARD OF SUPERVISORS
Shawn W. Miller, Chair
A motion was made by Bussey/Jardine to adopt Bayfield County Resolution No. 2012-
42, Request to Amend 2012 Bayfield County UW-Extension Budget with Regard to
Agroforestry Demonstration Grant. Discussion on perhaps considering the fairgrounds
for such a project in the future. Supervisor Kittleson will speak to Fischbach in the
meantime. A roll call vote was taken as follows: Williams-yes; Bichanich-yes; Miller-
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yes; Crandall-yes; Rondeau-yes; Meyers-yes; Bussey-yes; Jardine-yes; Maki-no;
Kittleson-yes; Bennett-yes; Pocernich-yes; Schultz-yes. Total: 13, 12 yes, 1 no,
the motion carried.
9. Bayfield County Resolution No. 2012-43, Approving an
Intergovernmental Cooperative Agreement Joining the Woodland Enhanced Health
Services Commission. Carrie Linder, Aging/Disability Services Manager was present to
discuss this item with the Board. Linder stated that she informed the Board at their July
meeting that she would be back if the first resolution passed, and she is happy to report
that it did pass. Linder stated that before you this evening is the resolution which
outlines 2 things; it appoints a County Board Member to serve on the Committee and it
authorizes the payment of $5,000.00 for the initial membership fee. The Board dispensed
with the reading of the resolution, which reads as follows:
WHEREAS, Clark County currently owns and operates a facility known as Clark
County Health Care Center (“CCHCC”), which, among other things, contains a skilled nursing
facility and facility for the developmentally disabled; and
WHEREAS, Bayfield County Department of Human Services (DHS) currently
authorizes placement of Bayfield County residents in CCHCC for purposes of receiving
services under a protective placement order, guardianship and/or private placement; and
WHEREAS, Bayfield County DHS anticipates a need to place Bayfield County
residents in CCHCC for the foreseeable future; and
WHEREAS, Clark County currently provides funding necessary to operate CCHCC at
a rate that exceeds the Medicaid reimbursement rate, thus creating a situation where
Clark County is contributing Clark County tax levy funds for the care of Bayfield County
(and other county) residents; and
WHEREAS, Clark County has expressed concerns regarding the continued financial
viability of CCHCC given Clark County’s increasing tax levy commitment to CCHCC’s
operations; and
WHEREAS, it is in Bayfield County’s best interests to ensure the continued
financial viability of CCHCC as an appropriate placement alternative given the high costs
associated with a potential placement at other facilities including the state centers; and
WHEREAS, Clark County and other counties have studied the possibility of
creating an intergovernmental commission pursuant to Wis. Stat. § 66.0301(3) to be known
as Woodland Enhanced Health Services Commission (hereinafter referred to as the
“Commission”); and
WHEREAS, the creation of the Commission would allow CCHCC to continue its
operations with funding provided from all of the counties that are members of the
Commission; and
WHEREAS, the legal authority and goals of the Commission are set forth in a draft
Intergovernmental Cooperation Agreement, a copy of which is attached hereto; and
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WHEREAS, in accordance with the provisions of the Intergovernmental
Cooperation Agreement, Clark County shall contract with the Commission for the purposes
of (1) leasing a portion of CCHCC to the Commission and, (2) providing for the
administration, maintenance and operation of the leased portion of CCHCC; and
WHEREAS, the goals of the Commission as set forth in the Intergovernmental
Cooperation Agreement are in accordance with the philosophy and public policy objectives
of Bayfield County; and
WHEREAS, Wis. Stat. § 66.0301 and the Intergovernmental Cooperation
Agreement require each participating county to execute the Intergovernmental
Cooperation Agreement before the Intergovernmental Cooperation Agreement is effective
and binding; and
WHEREAS, it is the intent of this resolution to authorize Bayfield County to
create and become a member of the Commission and authorize a board supervisor
appointed in accordance with Bayfield County rules and procedures to finalize and execute
an Intergovernmental Cooperation Agreement that is substantially similar to the draft
Intergovernmental Cooperation Agreement attached hereto.
NOW, THEREFORE, BE IT RESOLVED that the Bayfield County Board of
Supervisors hereby approves the draft Intergovernmental Cooperation Agreement, a copy
of which is attached hereto, and authorizes and directs an authorized representative of
Bayfield County to sign such document after receipt of preliminary approval from the
other participating counties, approval from the board supervisor appointed as the
representative on the Commission and approval of the Bayfield County Corporation Counsel;
and
BE IT FURTHER RESOLVED, that the chair of the Bayfield County Board of
Supervisors is hereby directed to appoint a board supervisor to act as Bayfield County’s
representative on the Commission and the county administrator is directed to take all
action necessary to effectuate the intent of this resolution; and
BE IT FURTHER RESOLVED, that, once the Intergovernmental Cooperation
Agreement has been executed, Bayfield County Department of Human Services is
authorized to expend funds related to the placement of persons in CCHCC and otherwise
comply with the terms and conditions of the Intergovernmental Cooperation Agreement;
and
BE IT FURTHER RESOLVED, that the initial membership fee of $5,000 shall be
paid to the Commission from the department of human services budget.
By Action of the
BAYFIELD COUNTY BOARD OF SUPERVISORS
Shawn W. Miller, Chair
A motion was made by Maki/Schultz to adopt Bayfield County Approving an
Intergovernmental Cooperative Agreement Joining the Woodland Enhanced Health
Services Commission. A roll call vote was taken as follows: Bichanich-yes; Miller-yes;
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Crandall-yes; Rondeau-yes; Meyers-yes; Bussey-yes; Jardine-yes; Maki-yes;
Kittleson-yes; Bennett-yes; Pocernich-yes; Schultz-yes; Williams-yes. Total: 13,
13 yes, 0 no, the motion carried.
A motion was made by Bussey/Rondeau to amend the motion to allow Mark
Ableles-Allison to sign the agreement. The motion carried.
A motion was made by Rondeau/Kittleson to appoint William Bussey as
representative on the Woodland Enhances Health Services Commission. The motion
carried.
10. Discussion and Possible Action Regarding Child Support Organization.
Abeles-Allison explained this topic has been to the Executive Committee and it was their
suggestion that it continue at Board level. As everyone knows, Jack Olson is retiring. It
had been thought that perhaps the Child Support Agency should be moved to part of the
Human Services Department. Abeles-Allison, Williams Olson and Skulan toured different
counties to see how their Child Support offices were placed; some were placed within the
Human Services department and others were their own agency. Out of the 72 counties in
Wisconsin, 50 of them have the Child Support Agency by itself. At the Executive
Committee, it was a 3-2 vote that they like it the way it is organized now.
Further discussion continued on why to organize under Human Services. It was
essentially to capture more dollars available to the County.
Discussion turned again to the viewpoints of Jack Olson and how he thought the
position should stay “as is.” Applications are due back next week and will be reviewed. It
would be nice to be able to explain to the new director what is expected of him/her and
whether they will be in an agency on their own of put under the direction of Human
Services. If this were the way it went, would the Child Support agency still have its own
director? Who would report the goings on to the Administrator? There were concerns on
how this would work. We could try this for a year. Discussion. Applicants will be made
aware of the structure setup but will also be made aware that the set up could change.
A motion was made by Rondeau/Schultz to place the Child Support Agency in
the Human Services Department. Discussion on chain of command; Child Support
Director would go to Skulan, then to Administrator. The Child Support Director would not
have the control he/she needs rather if it were left as it currently is. Supervisors are
afraid that it is placed in Human Services any extra dollars that may be gotten will be
absorbed into the Human Services Department never to be seen again. The Board
members felt this should be discussed in executive session due to the personalities that
we can’t discuss in open session.
It was further discussed that the Human Services Director knows nothing about
Child Support and that if it were placed in any office, it probably should be in the Clerk of
Circuit Court’s office since that is where it originated from in the first place. Further
discussion took place on the dollars that could be saved with Abeles-Allison explaining at
how the figures were arrived at.
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A motion was made by Bussey/Crandall to put Child Support Agency in the
Human Services Department for a period of 1 year and after that year, re-evaluate
it.
A motion was made by Bussey/ Kittleson to suspend the rules to allow Jack
Olson to speak. The motion carried. Olson had a few final comments before the vote,
one being about the dollars that can be recouped if Child Support is put in the Human
Services Department. This is money will probably not go back to the Child Support
Agency, but wherever it is deemed necessary, so you aren’t helping out that Agency.
Second, you are giving an agency that operates very efficiently on its own to a department
that has absolutely no knowledge on how the Child Support Agency works. Maybe for once,
quality of services should take precedence over money. There is a possibility to tap into
more money but at what cost. There are layers of burocracy and you are handcuffing the
next person that comes in as Director of Child Support. You are taking a huge and
unnecessary risk. We have the support of the court system, and the vast majority of our
clients and the attorneys involved. There is also no guarantee that this will be allowed to
continue in the future by the State, which would change the funding drastically. Olson
felt that if you try this as a one-year proposal, that it is a done deal and you will never be
able to pull it back out. This is why counties have independent agencies.
A roll call vote on the motion to put Child Support Agency in the Human
Services Department for a period of 1 year and after that year, re-evaluate it was
taken as follows: Miller-yes; Crandall-yes; Rondeau-yes; Meyers-no; Bussey-yes;
Jardine-no; Maki-no; Kittleson-no; Bennett-no; Pocernich-no; Schultz-yes; Williams-
no; Bichanich-no. Total: 13, 5 yes, 8 no, the motion failed.
Next, a roll call vote was taken on the original motion which was to place the
Child Support Agency in the Human Services Department as follows: Crandall-yes;
Rondeau-yes; Meyers-no; Bussey-yes; Jardine-no; Maki-no; Kittleson-no; Bennett-
no; Pocernich-no; Schultz-yes; Williams-no; Bichanich-yes; Miller-yes. Total: 13, 6
yes, 7 no, the motion failed.
11. Report of the Bayfield County Planning & Zoning Committee Amending
Sections 13-1-21; 13-1-43; 13-1-62, Code of Ordinances for Zoning Standards
Regarding Fees, Telecommunication Facilities; Classification List. Rob Schierman was
present to explain the Report to the Board. The Board dispensed with the reading of the
Report, which reads as follows:
TO: The County Board of Supervisors of Bayfield County on the hearing of petitions
to amend the Bayfield County Zoning Ordinance.
The Planning and Zoning Committee of the Bayfield County Board of Supervisors,
having held a public hearing pursuant to Section 59.69(5)(e), Wisconsin Statutes;
notice thereof having been given as provided by law; and having been duly informed of
the facts pertinent to the following changes; hereby recommends the following action
on said petition:
Section 1. Subheading (kk) of Heading (1) [Fee Schedule] of Subsection (e) [Fees] of
Section 13-1-21 [General Land Use Requirements] of Article B [General
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Provisions of Chapter 1 [Zoning Code] or Title 13 [Zoning of the Code of
Ordinances], Bayfield County, Wisconsin is hereby created to read as
follows:
(e) Fees.
(1) Fee Schedule.
kk. Shoreland (non-conforming, impervious surface, etc.) $ 100.00
Section 2. Subsection (d) [Areas In Which Telecommunication Facility Location is
Permitted with Conditional Use Approval] of Section 13-1-43 [Wireless
Telecommunication Facilities] 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 features (deletions):
Sec. 13-1-43 Wireless Telecommunication Facilities.
(d) Areas In Which Telecommunication Facility Location is Permitted with
Conditional Use Approval. Telecommunications facilities may be permitted
in the following zoning districts, subject to conditional use review and
approval by the Bayfield County Zoning Committee, and in compliance with all
other applicable sections of this Ordinance: A-1, A-2, F-1, F-2, C, I and I M.
Section 3. The table listed under Section 13-1-62(a) [Classification of Uses] of Article
D [Zoning Districts] of Chapter 1 [Zoning Code] or Title 13 [Zoning] of the
Code of Ordinances, Bayfield County, Wisconsin is hereby amended to read
as follows with additions highlighted by the double underline feature
(additions) and deletions highlighted by the strike out feature (deletions):
Sec. 13-1-62 Classification of Uses
PERMISSIBLE USES R-4
R-3
R-1
R-2 R-RB C I M A-
1
A-
2 F-1 F-
2 W
Radio, TV Transmitting Station &
Tower, Telecommunications Tower
[Commercial] C C C C C C C
Automobile and Truck Salvage and
Scrap Yards, Junk and Salvage
Yards
C C C
The Bayfield County Planning & Zoning Committee recommendation is : Be Approved.
Date: August 24, 2012
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BAYFIELD COUNTY PLANNING & ZONING COMMITTEE
Kenneth Jardine, Shawn W. Miller, Dennis M. Pocernich, Brett T. Rondeau, Neil Schultz
A motion was made by Rondeau/Jardine to receive and place on file the Report
of the Bayfield County Planning & Zoning Committee Amending Sections 13-1-21; 13-
1-43; 13-1-62, Code of Ordinances for Zoning Standards Regarding Fees,
Telecommunication Facilities; Classification List. The motion carried with 1
opposition.
12. Bayfield County Amendatory Zoning Ordinance No. 2012-22, Amending
Sections 13-1-21; 13-1-43; 13-1-62, Code of Ordinances for Zoning Standards
Regarding Fees, Telecommunication Facilities; Classification List. The Board dispensed
with the reading of the Ordinance, which reads as follows:
WHEREAS, Wisconsin Statutes §59.69(5) authorizes the County Board of
Supervisors to adopt a zoning ordinance; and
WHEREAS, Wisconsin Statutes §59.69(5)(e) authorizes the County Board to
amend an ordinance; and
WHEREAS, Section 13-1-104 Code of Ordinances, Bayfield County, Wisconsin
authorizes the County Board to make amendments to Title 13, Chapter 1 of the Code of
Ordinances, Bayfield County, Wisconsin pursuant to Wisconsin Statutes §59.69; and
WHEREAS, it is deemed in the best interest of the County of Bayfield to amend
fee schedule under 13-1-21(e) Code of Ordinances, Bayfield County, Wisconsin to include
shoreland
use fee; and
WHEREAS, it is deemed in the best interest of the County of Bayfield to amend
wireless telecommunication facilities under Section 13-1-43(d) Code of Ordinances,
Bayfield County, Wisconsin to include allowing telecommunication towers in municipal zones
by conditional use; and
WHEREAS, it is deemed in the best interest of the County of Bayfield to amend
the table listed under Section 13-1-62(a) Code of Ordinances, Bayfield County, Wisconsin
to include the letter (C) under the municipal column; and remove a duplicate entry of
junk/salvage yard;
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. Subheading (kk) of Heading (1) [Fee Schedule] of Subsection (e) [Fees] of
Section 13-1-21 [General Land Use Requirements] of Article B [General
Provisions of Chapter 1 [Zoning Code] or Title 13 [Zoning of the Code of
Ordinances], Bayfield County, Wisconsin is hereby created to read as
follows:
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(e) Fees.
(1) Fee Schedule.
kk. Shoreland (non-conforming, impervious surface, etc.) $ 100.00
Section 2. Subsection (d) [Areas In Which Telecommunication Facility Location is
Permitted with Conditional Use Approval] of Section 13-1-43 [Wireless
Telecommunication Facilities] 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 features (deletions):
Sec. 13-1-43 Wireless Telecommunication Facilities.
(d) Areas In Which Telecommunication Facility Location is Permitted with
Conditional Use Approval. Telecommunications facilities may be permitted
in the following zoning districts, subject to conditional use review and
approval by the Bayfield County Zoning Committee, and in compliance with all
other applicable sections of this Ordinance: A-1, A-2, F-1, F-2, C, I and I M.
Section 3. The table listed under Section 13-1-62(a) [Classification of Uses] of Article
D [Zoning Districts] of Chapter 1 [Zoning Code] or Title 13 [Zoning] of the
Code of Ordinances, Bayfield County, Wisconsin is hereby amended to read
as follows with additions highlighted by the double underline feature
(additions) and deletions highlighted by the strike out feature (deletions):
Sec. 13-1-62 Classification of Uses
PERMISSIBLE USES R-4
R-3
R-1
R-2 R-RB C I M A-
1
A-
2 F-1 F-
2 W
Radio, TV Transmitting Station &
Tower, Telecommunications Tower
[Commercial] C C C C C C C
Automobile and Truck Salvage and
Scrap Yards, Junk and Salvage
Yards
C C C
Section 4. 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 5. 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.
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Section 6. EFFECTIVE DATE. This ordinance shall take effect and be in full force
from and after its passage.
Adopted by the Board of Supervisors of the County of Bayfield on the 28th day of August,
2012.
By Action of the
BAYFIELD COUNTY BOARD OF SUPERVISORS
Attested to by:
Shawn W. Miller, Bayfield County Chair
A motion was made by Jardine/Rondeau to adopt Bayfield County Zoning
Ordinance No. 2012-22, Amending Sections 13-1-21; 13-1-43; 13-1-62, Code of
Ordinances for Zoning Standards Regarding Fees, Telecommunication Facilities;
Classification List. The motion carried.
13. Report of the Bayfield County Planning & Zoning Committee Amending
Section 15-1-10(c), Limitations of the General Requirements of the Sanitary &
Private Sewage Code, Bayfield County, Wisconsin. Schierman explained the purpose of
this Ordinance change was present to explain the Report to the Board. The Board
dispensed with the reading of the Report, which reads as follows:
TO: The County Board of Supervisors of Bayfield County on the hearing of petitions
to amend the Bayfield County Zoning Ordinance.
The Planning and Zoning Committee of the Bayfield County Board of Supervisors,
having held a public hearing pursuant to Section 59.69(5)(e), Wisconsin Statutes;
notice thereof having been given as provided by law; and having been duly informed of
the facts pertinent to the following changes; hereby recommends the following action
on said petition:
Subsection (c) of Section 15-1-10 [Limitations] of Article B [General Requirements]
of Chapter 1 [Sanitary & Private Sewage Code], Bayfield County, Wisconsin is
hereby amended to read as follows, with additions highlighted by a double
underline feature (additions) and deletions highlighted by the strike out feature
(deletions):
(c) A holding tank may be used as a POWTS unless soil and site conditions allow
the installation of any of the following POWTS components within 300 feet
of the structure being served:
(1) At Grade
(2) In-Ground non-pressurized system
(3) In ground pressure
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(c) A holding tank may be used as a POWTs “system of choice” unless soils and
available area allow for the installation of either a non-pressurized in-ground
or pressurized in-ground design. In the event a holding tank becomes the
system of choice. the tank component must be a two (2) compartment or
dual tank design to accommodate future system options.
The Bayfield County Planning and Zoning Committee recommendation is: Be Approved
Date: June 21, 2012
BAYFIELD COUNTY PLANNING & ZONING COMMITTEE
Kenneth Jardine, Shawn W. Miller, Dennis M. Pocernich, Brett T. Rondeau, Neil Schultz
A motion was made by Rondeau/Jardine to receive and place on file the Report
of the Bayfield County Planning & Zoning Committee Regarding Amending Sections 15-
1-10(c), Limitations of the General Requirements of the Sanitary & Private Sewage
Code, Bayfield County, Wisconsin. Discussion took place on the length of time for the
pumping holding tanks and how it changes the existing ordinance. Further discussion took
place on the wording. In new paragraph (c), 3rd line, the words “In the event a holding tank
becomes the system of choice” were stricken from the paragraph. The motion carried.
14. Bayfield County Zoning Amendatory Ordinance No. 2012-23, Amending
Section 15-1-10(c), Limitations of the General Requirements of the Sanitary &
Private Sewage Code, Bayfield County, Wisconsin. The Board dispensed with the
reading of the Ordinance, which reads as follows:
WHEREAS, Wisconsin Statutes §59.70(1) authorizes the County Board of
Supervisors to adopt a sanitary code and make necessary rules and regulations thereto;
and
WHEREAS, Wisconsin Statutes §59.69(5)(e) authorizes the County Board to
amend an ordinance; and
WHEREAS, it is deemed in the best interest of the County of Bayfield to amend
the limitations listed under Section 15-1-10(c) Sanitary & Private Sewage Code, Bayfield
County, Wisconsin to set forth the criteria for when a holding tank may be used as a
“POWTS” system of choice; and
WHEREAS, it is deemed in the best interest of the County of Bayfield that the
Sanitary & Private Sewage Code, Bayfield County, Wisconsin be amended in the manner
hereinafter set forth;
NOW, THEREFORE, the Bayfield County Board of Supervisors does hereby ordain
as follows:
Section 1. Subsection (c) of Section 15-1-10 [Limitations] of Article B [General
Requirements] of Chapter 1 [Sanitary & Private Sewage Code], Bayfield County,
Wisconsin is hereby amended to read as follows, with additions highlighted by a
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double underline feature (additions) and deletions highlighted by the strike out
feature (deletions):
(c) A holding tank may be used as a POWTS unless soil and site conditions allow
the installation of any of the following POWTS components within 300 feet
of the structure being served:
(1) At Grade
(2) In-Ground non-pressurized system
(3) In ground pressure
(4) Mound Systems
(c) A holding tank may be used as a POWTs “system of choice” unless soils and
available area allow for the installation of either a non-pressurized in-ground
or pressurized in-ground design. In the event a holding tank becomes the
system of choice.
Section 2. Except as specifically modified and amended by this ordinance, the Bayfield
County Code of Ordinance shall remain in force and effect exactly as originally
adopted and previously amended. All ordinances or parts of ordinances inconsistent
with or in contravention of the provisions of this ordinance are hereby repealed.
Section 3. SEVERABILITY. If a court of competent jurisdiction adjudges any section,
clause, provision, or portion of this ordinance unconstitutional or invalid, the
remainder of this ordinance shall not be affected thereby.
Section 4. EFFECTIVE DATE. This ordinance shall take effect and be in full force
from and after its passage.
Adopted by the Board of Supervisors of the County of Bayfield on the 28th day of August,
2012.
By Action of the
BAYFIELD COUNTY BOARD OF SUPERVISORS
Attested to by:
Shawn W. Miller, Bayfield County Chair
A motion was made by Bussey/Rondeau to adopt Bayfield County Zoning
Amendatory Ordinance No. 2012-23 Amending Sections 15-1-10(c), Limitations of
the General Requirements of the Sanitary & Private Sewage Code, Bayfield County,
Wisconsin with the following changes: In new paragraph (c), 3rd line, the words “In the
event a holding tank becomes the system of choice” were stricken from the paragraph.
The motion carried.
15. A motion was made by Rondeau/Crandall to move into Executive Session
pursuant to §19.85(1)(c), considering employment, promotion, compensation or
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performance evaluation data of any public employee over which the governmental body
has jurisdiction or exercises responsibility; and (e) deliberating or negotiating the
purchasing of public properties, the investing of public funds, or conducting other
specified public business, whenever competitive or bargaining reasons require a closed
session. The motion carried.
A motion was made by Pocernich/Crandall to move out of Executive Session.
The motion carried.
16. Discussion and Possible Action Regarding Interim Planning & Zoning
Administrator. A motion was made by Rondeau/Jardine to appoint Robert Schierman
as interim Zoning Administrator for 6 months. Discussion that this is for an interim
appointment of 6 months. Further discussion as to whether or not the position will be
advertised to the public. Supervisor Bussey stated that he will be objecting as he feels
this position should be advertised to the public as there may be some very qualified
candidates out there and we should know this in order to make a full informed decision.
Supervisor Meyers agreed with Supervisor Bussey and asked to discuss this a little more.
Chairman Miller stated that this could not be discussed at this time as that is not on the
agenda. Meyers stated that she then wanted this on the October agenda for discussion.
The motion carried with 3 oppositions.
17. Administrator’s Report:
a) Change in September County Board Meeting Date. Abeles-Allison
asked for the Board’s permission to change the September meeting
date from Sept. 25th to the 18th. The Board gave permission.
b) Budget Update. Preliminary numbers are out there and the
Executive Committee will be meeting on Sept. 11th. Future meetings
will be scheduled after that as needed. All County Board Supervisors
are encouraged to attend if they can.
c) Update on Transition Committee. Big issue is health insurance. We
are receiving a lot of good information and the rate increases over all
are 5% or less. A consultant will be coming back with proposed
changes in the near future. The Committee has been working on a
social media, ethics ordinance, as well as conflicts of interest and
nepotism. Discussion as to why this is needed and it was explained
that the State laws have changed and it gives the County an
opportunity address these issues on the local level. An Ethics
Committee is also in the process of being formed. Tentatively, there
will be 3 board members and 2 members of the public on this
Committee. There will be more of this forthcoming.
d) County Fair. The fair was successful, we had perfect weather all
weekend long and more people on Friday than in the past. We do not
have all of the figures back yet so totals will be forthcoming. We had
good advertisement and we did order another set of bleachers to be
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used this year. If you have any ideas you would like to share, give
Kittleson a call. A big thank you to all who helped this year.
18. Supervisors’ Reports:
a) Photocopies. Supervisor Schultz discussed with the Board that he
would like to see a copy machine in the hallway outside the Board
Room for use by County Supervisors to make hard copies of certain
information. Abeles-Allison stated that this is not feasible at this
time, however, if any Board member needs copies, contact his office
and they will be more than happy to make copies for them.
There being no further business to come before the Bayfield County Board of
Supervisors, Chairman Miller adjourned the meeting at 8:03 p.m.
Respectfully submitted,
Scott S. Fibert
Scott S. Fibert,
Bayfield County Clerk
SSF/dmb