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HomeMy WebLinkAboutCounty Board of Supervisors - Minutes - 11/13/2012299 Minutes of the Bayfield County Board of Supervisors’ Meeting Of November 13, 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: Bennett-present; Pocernich-present; Schultz-present; Williams- present; Bichanich-present; Miller-present; Crandall-present; Rondeau-present; Meyers-present; Bussey-present; Jardine-present; Maki-present; Kittleson-present: Total 13: 13 present, 0 absent. The motion carried and a quorum was present to conduct business. The following were also present for the meeting: County Administrator, Mark Abeles-Allison; Deputy County Clerk, Dawn M. Bellile; Kay Cederberg, Clerk of Circuit Court; and community residents. The Pledge of Allegiance was recited by all in attendance. 1. 2013 Bayfield County Budget Public Hearing. A motion was made by Rondeau/Crandall to adjourn as a County Board and convene as a Committee of the Whole to hold a public hearing on the 2013 Bayfield County Budget. A roll call vote was taken as follows: Pocernich-yes; Schultz-yes; Williams-yes; Bichanich-yes; Miller-yes; Crandall-yes; Rondeau-yes; Meyers-yes; Bussey-yes; Jardine-yes; Maki- yes; Kittleson-yes; Bennett-yes: Total 13: 13 yes, 0 no. The motion carried. Abeles-Allison explained the budget in detail going over what is being allowed by the State. The Executive Committee has met over the months of September and October and have come up with this proposal for Board approval. Valuations in Bayfield County have dropped dramatically. Supervisor Rondeau stated that he believes the Executive Committee has put a lot of time and effort into this proposed budget and it is showing that the Bayfield County Board of Supervisors is fiscally responsible to its taxpayers. Supervisor Shultz stated that he didn’t feel the same way Rondeau felt. He has a problem with the mill rate and will not be voting for the way the distribution is set forth in this budget. A brief discussion took place. Chairman Miller asked those in attendance if anyone wanted to comment on the proposed budget. There was no comment. A motion was made by Rondeau/Jardine to close the Committee of the Whole and reconvene as a County Board. A roll call vote was taken as follows: Schultz-yes; Williams-yes; Bichanich-yes; Miller-yes; Crandall-yes; Rondeau-yes; Meyers-yes; Bussey-yes; Jardine-yes; Maki-no; Kittleson-yes; Bennett-yes; Pocernich-yes: Total 13: 12 yes, 1 no. The motion carried. A motion was made by Rondeau/Kittleson to adopt the 2013 Bayfield County Budget as proposed by the Administrator. Abeles-Allison stated that everyone received a copy of the initial budget, however there have been changes made to it since then, which will also become a part of the budget. A roll call vote was taken as follows: Williams- yes; Bichanich-yes; Miller-yes; Crandall-yes; Rondeau-yes; Meyers-yes; Bussey-yes; 300 Jardine-yes; Maki-no; Kittleson-yes; Bennett-yes; Pocernich-yes: Schultz-no: Total 13: 11 yes, 2 no. The motion carried. A motion was made by Rondeau/Crandall to accept the 2013 tax levy. Abeles- Allison commented that the 2013 levy is based on a base levy of $8,474,670, which reflects an increase of .53% for net new construction. In addition, $339,666 is included for libraries and $60,344 is included for bridge aide. The levy is also split between General Fund, Human Services, Highway, Veteran Services and the Dog License Fund. The average mill levy across all jurisdictions is 3.5 mills, an increase of .13 mills from 2012. The levy change represents a 1.277% increase. Valuation, however, has dropped over 2%. A roll call vote was taken as follows: Bichanich-yes; Miller-yes; Crandall-yes; Rondeau-yes; Meyers-yes; Bussey-yes; Jardine-yes; Maki-no; Kittleson-yes; Bennett-yes; Pocernich-yes: Schultz-no; Williams-yes: Total 13: 11 yes, 2 no. The motion carried. 2. Motion Regarding Minutes of the October 30, 2012 Bayfield County Board of Supervisors’ Meeting. The Board dispensed with the reading of the minutes. A motion was made by Jardine/Meyers to adopt the Minutes of the October 30, 2012 Bayfield County Board of Supervisors’ Meeting. The motion carried. 3. Public Comment. Theresa Kummerow, Bayfield County Employee: Expressed her concerns regarding the new Policies and Procedures Manual that will be voted on this evening by the Board. Kummerow is concerned with specific pages and sections of the manual and went through them with the Board. Lance Nelson, Business Agent for AFSCME Union. Nelson is here this evening representing the Bayfield County AFSCME employees. Nelson spoke on Act 10 and what it means to both the employees and Bayfield County as their employer. He started to explain the situation to both entities; however his time period was not long enough. Supervisor Jardine stated that he wanted to hear what he had to say. Chairman Miller stated that this isn’t the way we operate. The time period is done. Others in the audience stated that they would give him their 3 minutes, but Chairman Miller didn’t allow that. Michael Furtak, Bayfield County Employee: Proposed changes along with accrual. Most employees have 90 days before their sick accrual kicks in. Banking sick time allows us to cover the 90 day gap between the 1st day off and the when the sick bank kicks in. We need a security blanket, so to speak, to allow for the appropriate time to be off from an illness. Explain how the proposed banking will work. We have heard various stories. Marty Skaj, Teamsters Union Steward: Skaj explained that what the AFSCME Union Rep was trying to tell you is true. At this time, the law that is in place indicated that we have our full Union rights until the lawsuit is completed. With that in mind, we are proceeding as if we do have them in place as we have been instructed. Cathy Moore, Bayfield County Employee: The way it is presently written, you have to use up the old sick time before you can use the newly accumulated time. This is not fair. 301 Chairman Miller asked 3 more times if there was any further public comment. There was none. 4. Bayfield County Resolution No. 2012-58, Honoring Nanci Kamm Upon Her Retirement from the Bayfield County Sheriff’s Department. The Board dispensed reading the Resolution, which reads as follows: WHEREAS, Nanci Kamm has served Bayfield County with distinction, honor and dedication in the Sheriff’s Department for 8 years, NOW, THEREFORE, BE IT RESOLVED, that the Bayfield County Board of Supervisors assembled this 13th day of November, 2012, honors Nanci Kamm for her 8 years of public service to Bayfield County and expresses gratitude for her efforts, wishing her well in the years ahead. By Action of the Bayfield County Board of Supervisors Shawn W. Miller, Chairman A motion was made by Rondeau/Meyers to adopt Bayfield County Resolution No. 2012-58, Honoring Nanci Kamm upon her Retirement from the Bayfield County Sheriff’s Department. Sheriff Paul Susienka stated that she is unable to be here this evening, he also expressed that they will miss her very much. The motion carried. 5. Certificate of Appreciation for Heidi Ungrodt for her work with the State of Wisconsin, UW-Extension Office. The Board dispensed with the reading of the Certificate. Ungrodt was unable to attend this evening’s meeting and the Certificate will be mailed to her accordingly. A motion was made by Pocernich/Kittleson to approve the Certificate of Appreciation for Heidi Ungrodt. Discussion took place stating that she worked in the Family Living Section of the UW-Extension Office and was very instrumental in its day to day operation. The motion carried. 6. Wisconsin Department of Transportation Presentation by Drew Nussbaum. Mary Motiff, Bayfield County Tourism Directed, introduced Nussbaum to the Board. Nussbaum thanked the Board for having him at this evening’s meeting. He delivered a power point presentation and highlighted on some of the issues both the counties and the State are facing. The past few winters have been very bad for tourism in the northern part of Wisconsin and many businesses have been forced to close. Governor Walker has increased the tourism budget as he believes tourism is going to bring revenue back to the State. Bayfield County has 7 national designations, which is something that the other counties in Wisconsin can’t say. Discussion took place with the Board members. The Board thanked Nussbaum for presenting the power point to them. 7. Presentation on the Tri-County Corridor. Abeles-Allison introduced Bob Blaszkowski. Bob thanked the Board for allowing him time to speak about the corridor. He passed out a booklet that was printed in honor of the 25th Anniversary Celebration held on July 7, 2012. He stated that it was an exciting time, several dignitaries were present, plaques were given to the members of the Task Force. The original ribbon cutting was held on February 6, 1987 in Iron River. He explained that originally this was a 3-county 302 grass roots effort to obtain the abandoned Burlington Northern railroad right-of-way. Upon the acquisition of the right-of-way, the Task Force went to work on the 62-mile stretch of railroad to make the corridor what it is today. The entire Commission works as a team for the betterment of all three counties. Discussion took place with the Board members and Blaszkowski, with the Board giving a huge congratulations to Bob and the Commission for their hard work and perseverance for a job well done. Chairman Miller also thanked Blaszkowski for making the presentation this evening. 8. Discussion and Possible Action Regarding Bayfield County Personnel Policies & Procedures Manual. Abeles-Allison started with a short introduction of what has taken place to get the final revision in front of the Board this evening. He stated that we have a good turn out this evening with representation from the Unions as well as the non-represented groups. He stated that for as long as he has been here, the County Board has had a very good relationship with Bayfield County employees. Abeles-Allison stated that with the new legislation introduced last year, including Act 10, there are a handful of lawsuits and judicial decisions that are in the process of being settled. We aren’t sure about the process or what the outcome will be but we will remain focused and stay on track. Back in 2011, the WCA recommended that each county establish a Transition Committee and Bayfield County followed that lead. Bayfield County’s Transition Committee is a 5-person committee made up of Shawn Miller, Bill Bussey, Dee Kittleson, Brett Rondeau and Neil Schultz. For over the past 15 months, Abeles-Allison and the committee have met (with other Board members and employees watching and listening), for the purpose of developing an updated Personnel Policy and Procedures Manual. The present manual was gone through, page by page, looking at what worked and didn’t work, as well as proposed changes in the environment and what else the State would do to impact the County. On a side note, the State gives the County as part of its budget, $15 million dollars to work with. When the State tells the County what they are going to do, the County has no alternative but to do this or lose its funding. This limits the County’s availability to levy dollars as you saw in the budget process. Abeles-Allison stated that in Section 2.15, all of the information isn’t there as it only talks about the Highway Department. The Board asked why it wasn’t complete and Abeles-Allison explained, we don’t pay employees for uniforms, we allocate a certain amount of County dollars for each employee to utilize for their clothing allowance. On an administrative level, we would determine if the employee was entitled to the expenditure. Again, a question as to who “We” was. It was explained that it would either be Abeles- Allison, the oversight committee or the department. We want departments to make the decision as to what the levels of criteria are. Discussion then took place on sick days. Supervisor Bussey explained that in December of 2011, which was to be effective January, 2013, the Board passed the Personnel Policies & Procedures Manual as presented with revisions to take place over the year of 2012 and then be voted on again in December, 2012 with the revisions. Bussey explained how the original manual had (Employee Time Off) ETO time off which was for both sick and vacation time. This has now changed and we have separate sick and vacation time, however the original 12 days of sick leave has been cut down to 6 days, and Bussey 303 was now proposing an increase of 2 days, bringing sick time off up to 8 days. A motion was made by Bussey/Rondeau to approve the Personnel Policies & Procedures Manual with the following amendments: accumulating 8 days of sick leave per year; allowing accumulation of 60 sick days; and the ability to use sick leave that has already been banked to date. A lengthy discussion took place. The Board discussed what is in place right now, what is being proposed, and what was adopted last December. Supervisor Schultz announced that he cannot support this as he felt it was taking dollars out of the taxpayers’ pockets. Kittleson felt she could support the 8 days of sick leave. Abeles- Allison briefly spoke about the unfunded liability which is in the amount of $900,000 between sick and vacation time. A lengthy discussion continued to take place and a brief discussion on potential lawsuits being filed. A roll call vote was taken as follows: Meyers-yes; Bussey-yes; Jardine-no; Maki-no; Kittleson-yes; Bennett-yes; Pocernich-no: Schultz-no; Williams-no; Bichanich-no; Miller-yes; Crandall-yes; Rondeau-yes: Total 13: 7 yes, 6 no. The motion carried. A motion was made by Bussey/Crandall to amend section 3.3.1 of the Personal Policies & Procedures Manual to read: for each month worked during the calendar year, employees will earn 2/3rds day of sick leave which will amount to 8 days of sick leave per year. A roll call vote was taken as follows: Miller-no; Crandall-yes; Rondeau-no: Meyers-yes; Bussey-yes; Jardine-yes; Maki-yes; Kittleson-yes; Bennett-yes; Pocernich-yes: Schultz-no; Williams-yes; Bichanich-yes; Total 13: 10 yes, 3 no. The motion carried. A motion was made by Bussey/Jardine to amend section 3.3.8 sick leave earned after January 1, 2013 can accumulate up to 60 days, but not to exceed 128 days when combined with the prior sick leave accumulated before January 1, 2013. A very lengthy discussion took place on sick leave; prior sick leave would have the payout like employees have had in the past, however, new sick leave would not have a payout. Supervisor Kittleson stated she could not support this. Supervisors Meyers and Crandall stated that they support our employees and that this isn’t going to cost that much in the long run. Further discussion. A roll call vote was taken as follows: Crandall-yes; Rondeau-no; Meyers-yes; Bussey-yes; Jardine-yes; Maki-no; Kittleson-no; Bennett- yes; Pocernich-yes: Schultz-no; Williams-yes; Bichanich-yes; Miller-no: Total 13: 8 yes, 5 no. The motion carried. The motion carried. A motion was made by Bussey/Pocernich to amend the 2nd paragraph of section 3.3.8the original motion that up to 8 days of sick leave be earned after January 1, 2013 and may be used annual prior to using sick leave accumulated prior to January 1, 2013; thereafter sick leave accumulated prior to January 1, 2013 shall be used before using additional sick leave. Discussion took place. A roll call vote was taken as follows: Rondeau-no; Meyers-yes; Bussey-yes; Jardine-yes; Maki-yes; Kittleson- yes; Bennett-yes; Pocernich-yes: Schultz-no; Williams-yes; Bichanich-yes; Miller- yes; Crandall-yes; Total 13: 11 yes, 2 no. The motion carried. 9. Discussion and Possible Action on Schedule of Insurance and HRA Benefits. Abeles-Allison explained what is being proposed on a document via the 304 overhead projector. He stated that the Personnel Committee has reviewed this and is recommending full County Board approval. 305 306 A motion was made by Schultz/Rondeau to approve the Schedule of Insurance and HRA Benefits. Discussion took place. The motion carried. 10. Bayfield County Resolution No. 2012-53, Budget Amendment to Reflect Award of Treatment Alternatives and Diversion Grant Funds through the Wisconsin Office of Justice Assistance. Sheriff Susienka was present to explain the Resolution. This is a joint agreement which allowed for grant dollars to pay for the position which started in May, 2012. The County is not incurring any expenditures that the grant doesn’t cover. 1 in 8 counties in Wisconsin receive this grant and we are fortunate that we were one of them. The Criminal Justice Coordinator, Brenda Spurlock, is grateful for the ability to have funds to help with this program. Discussion took place whether or not we are gaining another employee, which was explained that we are not. When the grant runs out so does the position. The Board dispensed with the reading of the Resolution, which reads as follows: WHEREAS, the Bayfield County Sheriff’s Office has been awarded half of a two- county Treatment Alternatives and Diversion grant (TAD) through the Wisconsin Office of Justice Assistance. WHEREAS, the award of these grants was received after the FY2012 budget had been approved; WHEREAS, county policy requires that any grants received which change the bottom line of a department’s budget must be approved by resolution of the County Board; NOW, THEREFORE, BE IT RESOLVED, that the Bayfield County Board of Supervisors assembled this 13th day of November, 2012, approve the following: Increase expense account 100-17-52101-50121 by $71,052. Increase expense account 100-17-52101-50340 by $17,072. Increase revenue account 100-17-46243 by $88,124. By Action of the Bayfield County Board of Supervisors Shawn W. Miller, Chairman 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. 11. Bayfield County Resolution No. 2012-54, Proclamation for National Caregiver’s Month. This was rescinded. 12. Bayfield County Resolution No. 2012-55, Tax Charge Back, Year of 2011, City of Washburn; Years 2007 & 2008, Town of Hughes; and Years 2008, 2009, 2010, Town of Russell. Abeles-Allison explained that this is the same procedure that has been done in prior years. In the Town of Hughes, an agreement was reached with the Town and property owner. It is an unusual situation, but we are in a good situation. Supervisor Schultz spoke on the Town of Russell property. He stated that the letter in the packet from Ms. Divine to Dan Anderson states that there is a foundation for a school 307 house. Schultz stated that there never was a school house on that property. There is no documentation of any transfer out of Mr. Davidson’s possession. He would like someone from the County to go out there and inspect the property and look at the legal documentation to make sure it is correct. Schultz is familiar with the property and doesn’t actually think it should be a charge back. Discussion took place. The Board dispensed with the reading of the Resolution, which reads as follows: WHEREAS, the Executive Committee of the Bayfield County Board of Supervisors, has examined a report of the Bayfield County Treasurer setting forth the certain Tax Certificates now owned by Bayfield County. These Tax Certificates are illegal and void in that said Certificates were issued on the tax exempt property, or property on which there was a double or incorrect description and for other reasons as set forth in said Treasurer’s Report; and WHEREAS, from said examination it has been determined that said reports are illegal and void and that the taxes upon which said Certificates are based, are not justly reassessable. NOW, THEREFORE, BE IT RESOLVED, the amounts of said illegal and void Tax Certificates are charged back to the respective towns, cities, or villages where in such lands are situated. Dated this 13th day of November, 2012. By Action of the Bayfield County Board of Supervisors Shawn W. Miller, Chairman A motion was made by Crandall/Rondeau to adopt Bayfield County Resolution No. 2012-55, Tax Charge Back, Year of 2011, City of Washburn; Years 2007 & 2008, Town of Hughes; and Years 2008, 2009, 2010, Town of Russell. Discussion took place, a motion was made by Maki/Meyers to exclude the Town of Russell and make a separate motion. Discussion took place that it is up to the Town Assessor to see what should be done in each town. A roll call vote was taken on the amendment as follows: Jardine-yes; Maki-yes; Kittleson-yes; Bennett-yes; Pocernich-no: Schultz- yes; Williams-yes; Bichanich-no; Miller-no; Crandall-no; Rondeau-no; Meyers-no; Bussey-no; Total 13: 6 yes, 7 no. The motion was defeated. The original motion carried with 2 oppositions. 13. Bayfield County Resolution No. 2012-56, Supporting Cooperative Law Enforcement Services Agreement Between the Bayfield County Sheriff’s Department and the Red Cliff Community Law Enforcement. The Board dispensed with the reading of the Resolution, which reads as follows: WHEREAS, The Red Cliff Band of Lake Superior Chippewa Indians is a federally recognized Indian Tribe, organized under a Constitution adopted August 25, 1938, and approved on November 9, 1938, pursuant to section 16 of the Indian reorganization Act; and 308 WHEREAS, The Tribal and Bayfield County Law Enforcement Agencies have had a history of cooperation in striving to meet the Red Cliff Community’s law enforcement needs; and WHEREAS, Wisconsin Statute 165.90 provides for the establishment of cooperative law enforcement efforts between County and Tribal Law Enforcement Agencies; and WHEREAS, County and Tribal Law Enforcement Officials have worked together to develop the FY 2012 County-Tribal Law Enforcement (CTLE) Plan and grant application. NOW, THEREFORE, BE IT RESOLVED, that the Bayfield County Board of Supervisors assembled this 13th day of November, 2012, does hereby encourage continued cooperation between the County and Tribal Law Enforcement Agencies and approve the FY 2013 County-Tribal Law Enforcement Plan and Grant Application. By Action of the Bayfield County Board of Supervisors Shawn W. Miller, Chairman A motion was made by Crandall/Bichanich to adopt Bayfield County Resolution No. 2012-56, Supporting Cooperative Law Enforcement Services Agreement Between the Bayfield County Sheriff’s Department and the Red Cliff Community Law Enforcement. A roll call vote was taken on the amendment as follows: Maki-yes; Kittleson-yes; Bennett-yes; Pocernich-yes: Schultz-yes; Williams-yes; Bichanich-no; Miller-yes; Crandall-yes; Rondeau-yes; Meyers-yes; Bussey-yes; Jardine-yes: Total 13: 13 yes, 0 no. The motion carried. 14. Administrator’s Report: a) Per Diems & Mileage: Board members were reminded to have their end of year per diems and mileage records in by 9:00 a.m. on December 19th. b) December Meeting: If a December meeting is needed, it was decided to hold it on December 18th at 6:00 p.m. c) Holiday Party will be held on December 8th at the Avalon in Benoit. There being no further business to come before the Bayfield County Board of Supervisors, Chairman Miller adjourned the meeting at 8:50 p.m. Respectfully submitted, Scott S. Fibert, Bayfield County Clerk SSF/dmb