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HomeMy WebLinkAboutCounty Board of Supervisors - Minutes - 1/29/2013 308 Minutes of the Bayfield County Board of Supervisors’ Meeting Of January 29, 2013 – 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 6:03 p.m. Roll call was taken by Bayfield County Clerk, Scott Fibert as follows: Kittleson-present; Bennett-present; Pocernich-present; Schultz-present via telephone conference; Williams-present; Bichanich-present; Miller-present; Crandall-present; Rondeau-present; Meyers-present; Bussey-present; Jardine-present; Maki-absent: Total 13: 12 present, 1 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; Paul Susienka, Bayfield County Sheriff; Elizabeth Skulan, Human Services Director; Nikki Revak, Financial Manage; Brenda Spurlock; Criminal Justice Coordinator; Kay Cederberg, Clerk of Circuit Court; Hope McCloud, Reporter for The Daily Press; and community residents. The Pledge of Allegiance was recited by all in attendance. 1. Motion Regarding Minutes of the November 13, 2012, Bayfield County Board of Supervisor’ Meeting. The Board dispensed with the reading of the minutes. A motion was made by Rondeau/Crandall to adopt the Minutes of the November 13, 2012, Bayfield County Board of Supervisor’ Meeting. The motion carried. 2. Public Comment: Chairman Miller stated that there are many present this evening he suspected in regard to the mining resolution. He stated that the resolution on the agenda does not pertain to any issues in legislation currently in Madison. Miller said it was good to see such a large number of people in attendance and asked that everyone please be respectful of each other and to try to keep this orderly and non-disruptive. Mark Wendling, Town of Russell. Is opposed to the Board adopting Resolution No. 2013-08, stating that it appears to have been appropriated from the Superior Day’s write up. He stated his concerns to the Board regarding the environmental impact the mining will have. He stated that if the Board doesn’t support the mining bill, then draft a resolution stating so. He asked that the Board do nothing with the resolution this evening. Ned Zuelsdorff was present regarding the Birkie Foundation. It is the 40th anniversary of the American Birkebeiner and he wanted to thank Bayfield County and the surrounding communities for their support in the past. This year we have over 40,000 skiers and are inviting everyone to the VIP party to meet and greet the skiers. Supervisor Rondeau, representing the Cable, has been asked, but the rest of the Board is also invited to the party. There is a giant ski race which holds 6 people on a pair of skis. He is challenging both Bayfield and Sawyer counties to a ski-off and gave details. Zuelsdorff said that this is his 8th and final year representing the Birkie as he will be retiring. He again thanked Bayfield County for their support. 309 Will Pipkin, Town of Lincoln, asked the Board not to support this resolution about the mine. It is imbalanced, title indicates that it is. The content is completely slanted towards the mine. It doesn’t talk about the environmental impacts which is a hot topic. You shouldn’t go out on a limb if you are not prepared completely. The current legislation does not resolve to protect the economy and environment. Many people want action in some way or another, and you have to listen to what they are saying. Sam Morrison, Red Cliff, stated that those mountains contain ancient burial grounds. He will fight for the mountains and you are allowing them to be upset. Tom Hart, Town of Bayfield, is against the mine proposal. He believes the County Board in good conscience would pass this resolution, however, it the reason to vote no is right in the title. He stated that if the ore is valuable today, it will be twice as valuable for future generations. We don’t need this. They say it will help our struggling school districts and how this will bring in more money for the schools. How? More jobs for who? The Board needs to vote this resolution down. Ros Nelson, Washburn, stated there are 2 sections of resolution which definitely need to be rewritten, and if you need help rewriting this, let her know, she would more than happy to help. There are impacts on Native American Treaty Rights that are very disturbing. We need proactive language. Marvin Defoe, Vice-Chair from Red Cliff read letter addressed to the Board. We have a Tribal/County Relations Committee. Why didn’t you come to us to talk about this resolution before you brought it to the Board. Come to us and talk to us. Sandy Gokee, Bear Clan, Red Cliff. This is an everybody issue. We all drink water. What’s so hard to understand. Is majority represented in this resolution? She is against the resolution. If you are supposed to be representing us, you are not doing a very good job. We will not be silenced by this. Allie Raven, Iron River, Bad River Band of Lake Superior Chippewa. She stated she is registering her opposition to this. This is cultural genocide. This is not necessarily a native issue. This is our homeland. Open pit mining is not a good decision. As she looked at the note pad, she didn’t see where everyone had signed in. Wouldn’t it be good for the Board to know who was for or against this resolution? Resolution is vague and needs a lot more work. Thanked everyone for listening. Mike Mertes, Washburn, encouraged the Board to really look into the mining issues. Mining companies are not looking for opportunities to bring jobs to the area, they just want to extract the ores at the littlest cost. They are not responsible for their actions. The mining companies are the only ones that will benefit from this at all. As our elected officials you are charged with protecting and doing the best for your constituents. Jack Beagan, Bayfield, is in opposition to resolution. Not sure what Board is trying to accomplish. His concerns are about the outcomes. If you are going to ask for items 1-k on the resolution, how are you going to know if they have been followed through on? Will you assign a team to check? Does this address the needs and concerns of the citizens of Bayfield County? What will you do if you are asked, will you follow thru? You 310 need to keep us informed. At minimum, you need to table this resolution and make sure that what you are asking for is being done at the State level. Linda Jorgenson, Bayview, stated her grandfather was a miner from the Ely, MN area. She is surprised to see that her elected representatives are so eager to involve themselves in an issue such as this. She stated that go to Ely or Virginia and visit. These cities do not have healthy main streets, do not have schools that are thriving, health statistics are very bad. There are arsenics, mercury, and other pollutants in the St. Louis River. As an elected representative, it shocked her to think that you would jump into making a prognosis that this would be an economic well-being, not based on anything, based on propaganda from mining companies that are only going to be here in the short while. She encouraged the Board to accompany her to the Iron Range to see what iron ore mining has done in all of the communities. She is more than willing to make introductions so you can see first hand the impacts of mining. Eric Sharp, Washburn, haven’t always been from Washburn, he was raised in Bessemer. He encouraged the Board to take a trip to Bessemer, Upson, or Wakefield, to see what their open pit did. Please do not pass this resolution, or at the very least, table it. He spoke on Smart Growth legislation which the Board passed by resolution a number of years back. This resolution is not following what was put forth by Smart Growth, and which Ashland, Bayfield and Iron counties are required to follow. Please do not vote for this resolution. Betty Kerr, Russell, stated to the Board that she has been to Madison and testified before the State. This resolution in front of you was handed out by those nice lobbyists. If you pass this now, this will go at the State level and will read like Bayfield County supports mining. There are no safe mines. It is a boom and bust industry. There are very damaging minerals and there is no way to contain them once they are exposed. G-tech states they can mine around anything. Don’t be fooled, it is cheaper for them to pay the fines than to mine respectfully. These jobs will be here for about 7 years, and they will be gone. The people performing these jobs will not be hired from this area, they will be people from their company who know the job and how to perform it. She presented the Board with information to back up her statements and urged the Board not to pass the resolution. Marvin DeFoe, has lived in Bayfield County all his life, in Red Cliff. He too has spent hours and hours listening to testimony of 100’s and 100’s of individuals. This resolution comes with a 200+ page bill. We all have something in common, our bodies are 75% water and we all need water. This is not just a Bad River issue, this is a community issue. The Board is at the cross roads of addressing this issue. You look at the lake, you know what it means to our heart. If you pass this resolution, the mining company has the ability to cover up the lake with the tailings. The crutch of the issue is the point that salt comes from the tailings. We are trying to prevent genocide of the Bad River people, but water finds its way to the lake. The Red Cliff Board is requesting this Board to table this resolution tonight. You are going to crunch the relationship we now have if you go forward with this resolution. We need to sit together at the table together and discuss this issue. We have to do things differently. 311 Joanna Peterson, Bayfield, stated she is against the mining. Mining companies are trying to tell us that they are our economic saviors. We seem to forget that we have tourism. If we allow mining, we will look like the iron range, and we will not have tourism anymore. Who wants to look at half of a mountain? We have to consider whether our water and air will still be clean 100 years from now. Our decisions have to be the right ones now. We have to make smart decisions. Jeannie Balber, Red Cliff, asked Miller and Abeles-Allison where they were at 5:30 p.m. this evening. We were at the Time Out Café eating, and overheard you stating, what you would like to say to those Indians. You are busted!! She proceeded to read a statement to the Board on how the treaties were enacted to protect the Native Americans. Can you guarantee that this resolution will protect my way of life. I believe your hearts are in the right place, but not your heads. Please do not pass the resolution. Becky Sue Nelson, Bayfield, stated the biological, physical and chemical facts. We each have a human body and our bodies function the same. She explained what damage each of the minerals mined can do to our bodies. She also reminded us that if you have a house that was built prior to 1970, you are to not remodel because of the potential lead poisoning. This is exactly what the mining will do, spew lead and other minerals into the air, this will eventually kill us. Do not pass the resolution. Hailey Rainberg, Bayfield. This issue is very important to us. This should be about economic security and we have many ways to make this happen. What about investing in sustainable agricultural? If we are pushing resolutions, we should be pushing those resolutions through. One positive thing from this mining discussion is that we are at least discussing it. People are taking what they are learning and putting into practice. Why are we arguing over mining that doesn’t work? Mike Bailey, Bayfield, is in opposition to resolution. Listed reasons. Mining is a boom and bust industry. There has not been any offset analysis to state that it is good for any economy. Where is the revenue going to come from? Gretchen Morris, Red Cliff, stated that the children here this evening have expressed their feelings through the pictures in the hallway of what they want to say to you. Look at them. She showed a picture to Board, pointing out the river which flow to the lake. This is not a race issue, this is a race issue of all of creation. Our plants and animals cannot speak to you, we have to speak for them. Our water will turn black. If you are not for the mine, please stand up. Most of the entire room stood. She said take a picture, we are not in favor of the resolution. Gwen Topping, member and resident of Red Cliff. She opposes the mining and is here for her children and potential grandchildren. This is her home and has lived here all her life. It is a bad idea to pass this resolution. Bob Goslin, City of Bayfield, and has also lived here his entire . His family has had 7 generations of fisherman on Lake Superior. How many of us eat fish? He thinks about the impact of what the mine could do to us. If there could be that type of impact on the water that runs into the river, will have a direct impact on the lake. He spoke about an ethnographic study as it pertains to the environment, plant life, and animals. This study 312 was done with White Pine mine. Bayfield is known for being the best little city and known for our fishing. We want to keep this reputation. You should not support this resolution as it is not for us. Grace Heitsch, stated she is a pediatrician who has lived here for the past 30 years. Thanked the board for listening to everyone tonight. I know this is going to be a long evening listening to everyone’s opinions, however, it will be a much longer time to drink the defiled water of Gitcheegumee if we allow this mine to rush through if it is not well thought through. The iron from the range will be worth 10 to 100 times more in the future. Perhaps in the future, we can find a better way to mine, but that isn’t the way it is right now. She stated that she had listened to a public radio show where it spoke of the jobs committee for State of Wisconsin listened to testimony, and in that testimony she learned that the National Rifle Association has been courted by G-tech because they want a high place rifle range where they can shoot off their high range repeating rifles outside of the desert southwest. Currently the desert southwest is the only place where people can shoot off such rifles. G-Tech has also come to us and lied to us. She is appalled that our legislature has ignored the freedom of religion that our country was founded upon. Do we only honor the religion of white people who worship in churches? Or do we also honor the people who honor our mother earth and the water that we drink? Amorin Mello, Mason, has moved around and has found himself back here. He asked questions of the Board as to whether they can provide the data that the resolution was based on. How many Board members know that the iron ore formation exists in Bayfield County? How many know that in 1953 Bear Creek left acreage to the mining company? How many know the full amount of mineral rights that Bayfield County has. As a resident, shareholder and taxpayer, this information should be available to all of us. Frank Porters, Red Cliff, when you wake up in the morning what do you see? The lake. Do you want to continue to see it. If you pass this resolution you will destroy the lake and our children will not see that beautiful lake that you and I now enjoy. If you pass this resolution, it will no longer be here. Joanne Peterson, Member Red Cliff Tribal Council. Offer to anyone who wanted to, a chance to go to the UP to see the proud mining houses, to what value they do not have. She asked that the Board not support the resolution. You previously signed a resolution for the scenic byway and now you want to sign a resolution for the mining. We are one messed up county. What if this was in your backyard? Would you think of it differently? Birch Hill – Megwitch, meaning in her native tonight “thank you.” Bad River has done a lot of research and is not taking this lightly. The federal government is offering up money to the super fund site because it is so polluted that it has been designated with special monies. Open pit mines get fined everyday from the EPA. It is easier to pay the fines than to fix the way the ore is mined. She wanted to make sure that the Board knew this. We are asking for the spirit to hear us and to hear you. She appeases to the spirit tonight. Think of the spirit, it will find the way. Please do not consider this resolution as it will be opening Pandora ’s Box. 313 Carolyn Gouge, Bayfield, is opposed to the resolution. We can look at this a couple of ways to look at this, one with our mind and one with our heart. Tries to formulate an opinion with both of these on an intellectual and from her heart and it seems to her it always comes from her heart. After listening to testimony this evening, one thing struck her and that was that we should have been consulted and acknowledged as we are not allies. We are here to work together, speaking and having that dialogue. It appears that was left out. Jeff Silbert, Washburn. Keep an open heart and mind when you put words into a document. The context of what has happened over the past 2 years is unacceptable. We are asking as our representatives to vote against this resolution as it is not the right thing. The resolution as written can be misconstrued as support for a very destructive mine. Please do not approve this resolution. Tom Galazen, Bayfield, a lifelong resident and property owner. This has not been looked at long enough to do justice to this issue. He hoped the Board is listening this evening. We had Terra Energy here a few years back that looked at and did some drilling for oil. I big issue was made of this. They did the testing and left. This was an entirely different situation. G-tech was involved with the White Pine mine. This person had a scheme to bring in railroad cars full of tailings to put in the wetlands. At that time there were a number of brave folks who put their bodies on the railroad line to make a statement. We have to respect that history. We see some years later that Mr. Williams of G-tech has returned again. This one with more dire consequences. A mine is a whole in the ground dug by liars. Patty Aiken-Buffalo, Bayfield, is opposed to the resolution this evening. She is here on a humanity kind of level. Thanked everyone for coming, and this is just some of us. By the numbers in the room, this is much passion, and with this passion, we note that history is repeating itself. We heard of genocide. We want to live, be a part of you, you a part of us. We want to keep everyone’s good at stake. If you sign the resolution, you sign it in blood. There is a lot at risk. Owen Teeters, Bayfield, read a poem he wrote having to do with nature and water. Eileen Henry, original from Nevada, daughter from Bayfield. She is speaking on behalf of her daughter and granddaughter. You can’t drink the water from where she is from. You don’t realize what you have, please take care of it. You don’t want open pit mining, it is beautiful here, don’t take it for granted. Take care of the water. Slow down, talk about the specifics, and make an informed decision. Roy Settgas, Washburn, you have opened a can of worms. There are many people who are moved and concerned by this. When you get to the point where you have to act on this this evening, remember how many people were in front of you this evening. The resolution, itself, isn’t how you would want to go about it. He too sat through a hearing last fall, the process was uplifting and sad at the same time. Democracy is sad in Wisconsin right now. We can do better than this in Bayfield County. Please do not table this resolution, just vote it down. If you are going to come up with something, do it better. 314 Xander Waters, Ashland, he respected the Board for the democratic process. Your hearts are in the right place. Newspapers don’t care where your heart was when something like this passes. In the headlines it will say Bayfield County supports mining. They print and don’t care at what cost or details. Please do not play into this sort of scheme. There are many other ways to support our problemed economy but this isn’t one of them. We have renewable resources, let’s make sure the citizens around this area can utilize them – raw milk for one. This resolution is not what we stand for. Please do not send this to our legislators. Dave Doorwig, Russell, stated he disagreed with 1 aspect of the resolution. Greatest resource in Bayfield County is not our water, trees, open spaces, and minerals – I tis our youth. Some money could be used for taxes, schools, municipalities. We know what current legislature has done for spending money on schools. It has been the biggest cut. Money generated from the mine will not be generated to our greatest resource, youth. Jeremy Oswald, City Councilor for City of Washburn, but here tonight representing himself. He is against the resolution. Why would you even take a chance on anything that says “may” affect anything. His hope is that the Board will be against the proposed resolution that is presently in front of legislature right now. Andy Bastin, Bayfield., stated he grew up in Cincinnati. He has traveled around quite a bit, and after coming to our area, decided that this is where he wanted to be. His grandfather of 95 years, grew up and lives in Danfield, KY. He was a 3rd generation miner. He told of stories of 2nd and 3rd generation miners. He gave advice to me, his grandson about the mines and what happens. He stated you always have 2 options: you can flea to tell them about it later or you can stay and die. David Toledo, Chicago, a sustainable free developer, presently going to Northland College. He comes from a place that was suffered highly from mining and chemicals in the water. You are here today, because the land has fed you, you breathe pure air, drink the clean water. He stated he loves the region because of the environmental aspects and strong environmental impact. He will be a citizen of this region in the future as well. Once you move here it is very hard to leave this region. Betty Ferris, Washburn, thanked the board for their patience, courtesy, and openness to hear everyone. She is in tune with the history of the area and former mining practices in the Gogebic area. When she saw resolution the words looked very familiar. The language is reminiscent of that which the G-tech folks and pushers of the movement use. Passed out documents that support not to vote for the resolution. Jason Schlunderer, Lac Courte Oreilles, stated he is opposed to resolution. He also overheard heard conversation this evening between Abeles-Allison and Miller and was appalled. He is an educator, teaching about treaty rights, and explained such. One mentioned seated territory. There are treaty rights, for the Ojibwa. Agreements were entered so we both could live in harmony. You represent our people, please learn something from us. Thank you for coming here and listening to all of us. Do what is right. 315 Chair asked if there were any more comments to be made and there being none, he looked for a motion to move Agenda Item #17 (Resolution 2013-08, Mining Resolution) up on the agenda to vote on while everyone is in attendance. A motion was made by Rondeau/Meyers to move Agenda Item #17, “Resolution No. 2013-08 “Support the Passage of Environmentally and Economically Sound State Mining Permitting and Reclamation Legislation” up on the agenda. The motion carried. Supervisor Jardine stated to public that he was the one that wrote up the resolution. He stated that Bayfield County has non-metallic mining. The Bill before legislation is ignoring an environmental impact statement, the wording needed to be changed. That is what lead to the implementation of this resolution. It was not to promote mining it was to promote the right thing to do. Chairman Miller stated that he was seen at the restaurant but this isn’t a tribal issue, it is a people issue, clean water, everything. Supervisor Schultz spoke from the from phone, regarding Draft #1. A motion was made by Schultz that we adopt Approval #1. Discussed that it would be more appropriate to vote on the original resolution. Schultz withdrew his motion. Supervisor Bussey stated that there is much to digest here and asked if a small break could be taken before we get into a full discussion. The Board recessed at 8:10 p.m. returning at 8:25 p.m. A motion was made by Rondeau/Jardine to deny Bayfield County Resolution No. 2013-08, “Support the Passage of Environmentally and Economically Sound State Mining Permitting and Reclamation Legislation.” Jardine again explained that the way it was worded, it was misconstrued, if it was misconstrued here it will be by the legislature as well. A lengthy discussion took place. Supervisor Bussey stated he appreciate all of the comments made here tonight. There have been passionate comments made, those who felt strongly enough to show up tonight. A number were very helpful, especially the words from Jeff Silbert and gave his reasons why. Supervisor Meyers also spoke stating she was humbled by all of the people who came out and for the words they have shared with us. She stated that when she read the resolution they received only 4 short days ago, she didn’t agree with or understand and tonight you have helped to educate her. As she read the resolution, the 4th “Whereas” clause she simply could not approve. And the “Now Therefore Clause, she stated that she represents the Red Cliff Tribe and we didn’t consult with the Tribe, and she apologized for this. This issue should have gone to the committee that we have together and she apologized for this too. Her vote will be no tonight. Supervisor Crandall stated that the face of resolution makes sense and is very well intentioned, however has been taken over by events. The Bill as it is, is a bad deal for northern Wisconsin taxpayers. What message would this be sending if we passed this resolution. Crandall stated that he cannot as to what it says to the larger world. Supervisor Kittleson stated that she will never vote for a mining resolution for Northern Wisconsin. A roll call vote was taken as follows with “yes” meaning to deny the resolution: Bennett-yes; Pocernich-yes; Schultz-no; Williams-yes; Bichanich-yes; Miller-yes; Crandall-yes; Rondeau-yes; Meyers-yes; Bussey-yes; Jardine-yes; Maki- absent; Kittleson-yes. Total: 13, 11 yes, 1 no, 1 absent. The motion carried. 316 3. Introduction of Scott Griffiths, Mayor for the city of Washburn. Griffiths stated to the Board that Abeles-Allison suggested that he come to introduce himself to the Board. He spoke of where the City is going and as mayor, has been asking the people want they want as far as livelihood, opportunity for themselves as well as for their children. His answers have been that they want an affordable, good quality of life. As elected officials, our charge is to figure out how to accomplish this as our constituents want answers and solutions in their day to day reality. We get backed into a corner from people looking for a quick solution. We need sustainable and economic development and entrepreneur spirit. We can proactively develop an entrepreneur spirit in our school. We need to look at new ways to bring this to our existing economy such as buying local. He went on further explaining what we could do as a community. We have ideas, hardworking folks, and mechanisms to get dollars into investments. We are all in this together. Thanked the Board for giving him this time. 4. Bayfield County Economic Development Presentation by Scottie Sandstrom. Sandstrom thanked the Board for allowing him time to give a brief overview of what’s happening with Bayfield County Economic Development. He reported that in 2012 he toured Bayfield County to see what the needs of businesses were. If businesses are looking to expand, Bayfield County Economic Development can help them. Bayfield County Economic Development has invested in APEX, which is a partnership focused on key activities such as honing in on strategic planning. We are able to measure results as we go forward. We have a credentials brochure for businesses that are now in the county, and for potential business. We have a PowerPoint that was created for use by perspective businesses. Sandstrom also reported that he serves on several committee and boards that are related economic development. APEX has connections around the world. He was asked as to what APEX has done for Bayfield County and he responded. 5. Bayfield County Resolution No. 2013-11, Withdrawal of Approximately 4.25 Acres of County Forest Land from the County Forest Law. Chairman Miller updated the board as it related to the property. The Board dispensed with the reading of the Resolution, which reads as follows: No. 2013-11 Withdrawal of Approximately 4.25 Acres of County Forest Land from the County Forest Law WHEREAS, Bayfield County wishes to settle an unprecedented land use issue on County Forest land located in the Town of Tripp; and WHEREAS, approximately 4.25 acres of County Forest land as described in attached Exhibit E, lying north of South Jackman Lake Road and north of the intersection of South Jackman Lake Road and Jackman Lake Road, and lying south of the north boundary line of the SW¼ SW¼ of Section 33, Township 48 North, Range 8 West, is the real estate in question; and WHEREAS, Bayfield County would like to settle the issue by selling the parcels described above to each affected landowner, consistent with the terms outlined in the Agreement dated as of November 20, 2012 and 317 WHEREAS, the sale of County Forest land currently enrolled in County Forest Law is inconsistent with the purposes set forth in s. 28.11, Wisconsin Statutes (County Forest Law); and WHEREAS, any proposal to sell County Forest land will first require filing an application to withdraw said parcel from County Forest Law; and WHEREAS, the Bayfield County Forestry and Parks Committee has recommended the withdrawal of 4.25 acres of County Forest land for the purpose of selling the parcels to each landowner as outlined in the Agreement dated November 20, 2012; and WHEREAS, the Bayfield County Forestry and Parks Committee has recommended placing all net proceeds from the sale of said County Land in the Non-Lapsing Land Acquisition Account for the eventual purchase of land to replace that which was sold as per the issue as described above; and NOW, THEREFORE, BE IT RESOLVED, that the Bayfield County Board of Supervisors assembled this 29th day of January, 2013, authorizes the Bayfield County Forestry and Parks Administrator, on behalf of Bayfield County, to make application to the Wisconsin Department of Natural Resources, pursuant to Section 28.11(11), Wisconsin Statutes, to withdraw the real estate described on the attached Exhibit E from the provisions of the County Forest Law (Section 28.11, Wisconsin. By Action of the Bayfield County Board of Supervisors Shawn W. Miller, Chairman A motion was made by Bichanich/Rondeau to adopt Bayfield County Resolution No. 2013-11, Withdrawal of Approximately 4.25 Acres of County Forest Land from the Count Forest Law. Discussion took place with Supervisor Schultz complimenting the Forestry Department on working with the property owners. The motion carried. 6. 2013 Bayfield County Forest & Parks Department Work Plan. The Board dispensed with the reading of the 2013 Bayfield County Forest & Parks Department Work Plan, which reads as follows: BAYFIELD COUNTY FORESTRY AND PARKS DEPT. Courthouse, PO Box 445 Washburn, WI 54891 Telephone (715) 373 - 6114 Fax (715) 373 - 6310 email forestry@bayfieldcounty.org BAYFIELD COUNTY FOREST ANNUAL WORK PLAN January 1 through December 31, 2013 The Bayfield County Forest Work Plan for the 2013 calendar year gives direction and meaning to the Forestry and Parks budget, further defines and supplements the 318 Comprehensive Fifteen Year Land Use Plan, and emphasizes current needs of the County Forest. This plan complies with Chapter NR47 Wisconsin Administrative Rules for the administration of the County Forest Administrator Grant Program. SUSTAINABLE TIMBER HARVEST The primary mission of the Bayfield County Forestry and Parks Department is to manage, conserve, and protect the natural resources of the County Forest. Multiple use and sustainable forest management practices will be utilized to provide a wide variety of forest products and amenities for current and future generations. Sustainable forest management is commonly defined as meeting the forest resource needs and values of the present without compromising the similar capabilities of future generations. Timber harvests are important for the economic well-being of Bayfield County, as well as for the health and vigor of the forest. One of the objectives of timber management is to produce a perpetual sustained yield of forest products. In part, this is realized through the analysis and scheduling of forest stands and, ultimately, the development of sustainable annual and long term harvest goals. Professional implementation of proper forest management and harvesting techniques is essential. Existing reconnaissance data, along with thorough field inspections conducted by department and DNR foresters, will be used to determine which stands are ready for treatment. In addition, the long term monitoring of stands that have received treatment is crucial in determining the success of past management practices, as well as the development and implementation of future prescriptions. Annual Sustainable Harvest Goal The estimated 2013 sustainable allowable harvest goal for the Bayfield County Forest is 4,815 acres. This represents a decrease of 513 acres (roughly 10%) when compared to the harvest goal for 2012. The primary reason for the decrease was the addition of backlogged stands (stands that were scheduled for management, but never established) to the goals for 2012. These stands were managed in 2012 and totaled over 400 acres. No additional backlogged acres were added to the goals for 2013. Table 1 displays the sustainable harvest goal (acres) per primary timber type for 2013 (annual harvest goals may be adjusted for a variety of reasons, i.e. response to unanticipated natural events or significant changes in reconnaissance data). The goal for 2012 is also included for comparison: Table 1: 2012 Sustainable Harvest Goal (acres) Timber Type 2012 2013 Aspen 1,235 1,170 Northern Hardwood 1,185 970 Red Oak 763 795 Paper Birch 100 50 Scrub Oak 140 215 319 Red Pine 991 900 Jack Pine 504 275 White Pine 100 120 Swamp Conifer 130 130 Swamp Hardwood 120 140 Fir/Spruce 60 50 Total 5,328 4,815 One of the objectives in managing the forest is to strive for a regulated, even flow of treatments, equally distributed over the landscape. However, sustainable harvest goals typically fluctuate slightly from year to year. Most fluctuations are explained by the irregular distribution of age classes over the entire forest and, subsequently, when they are ready for management. Among other things, fluctuations are also a result of a change in management direction for individual timber types, responses to natural disturbances or other unforeseen natural events, a relatively poor response in growth from previous management, or modifications in response to accomplishments from the previous year (i.e. the management of backlogged stands). On the Bayfield County Forest, the primary annual differences in sustainable harvest goals are a result of a variety of factors, some of which include: improved reconnaissance information, a significant increase in the number of stands reaching management age (particularly in the aspen and red pine types), the inclusion of harvest goals for the swamp hardwood and swamp conifer timber types, adjustments in the management approaches of the aspen, red oak and northern hardwood timber types, and modifications as a result of previous accomplishments. Since 2006, the sustainable harvest goal has increased approximately 54%; from 3,134 acres in 2006 to 4,815 acres in 2013. The peak harvest in 2012 was a result of including over 400 acres of backlogged stands (primarily northern hardwood) as part of the goal. Harvest goal projections indicate a sustainable long term average of 4,600 to 5,000 acres per year. Figure 1 displays the total sustainable harvest goals over the past eight years. Figure 1 05001,000 1,500 2,000 2,500 3,000 3,5004,000 4,500 5,000 5,500 2006 2007 2008 2009 2010 2011 2012 2013Acres Calendar Year Bayfield County Forest Sustainable Harvest Goals (2006-2013) 320 Maximizing the sustainable management of the county forest was a primary goal heading into calendar year 2011. As displayed in Figure 1, the average sustainable harvest goal from 2011 through 2013 increased by over 1,560 acres per year when compared to the average goals from 2006 through 2009. In addition, numerous other forest management responsibilities increased over the same time period creating a significant deficit in accomplishments for annual and long term goals. To address the deficit, in the early winter of 2011, one full time forester position was added to the staff. The impact of the additional forester was immediate. Figure 2 displays the annual sustainable harvest goal, accomplishment and sold timber sales from 2007 through 2013 (2012 and 2013 are estimates): 0 1,000 2,000 3,000 4,000 5,000 6,000 2007 2008 2009 2010 2011 2012 2013Acres Year Bayfield County Forest Harvest Goal, Accomplishment and Timber Sales Sold (2007 -2013) Goal Accomp Sold Maximizing the sustainable harvest of the forest has numerous benefits. Not only does it have the potential to significantly increase revenues, but it also supports numerous local jobs, fosters new job growth, provides additional recreational opportunities, and provides exceptionally well managed products to local wood industries. Prior to 2011, the Forestry and Parks Department averaged 45 sales, covering 3,044 acres per year. The average total winning bid value for those sales was approximately $2.4 million. Since 2011, the Department has averaged 53 sales, covering nearly 4,500 acres. During that time, the average total winning bid values have increase by 80%, to $4.3 million. Once these changes become regulated and bid values normalize to reflect the increase in managed acreage (and prices remain relatively constant), Bayfield County could see annual stumpage revenues that approach $4.0 million….nearly double our current average! Figure 3 displays the total sold value of timber sales from 2007 through 2013 (2013 is an estimate and is based upon the average prices paid over the last three years): Figure 2 321 FOREST INVENTORY Correct, up-to-date stand information is imperative in the development of accurate short and long term sustainable harvest goals. There is a direct correlation between the quality and accuracy of the reconnaissance data and the ability for forest managers to confidently develop precise short and long term sustainable harvest goals. The accuracy of any sustainable harvest goal is only as good as the data from which it was derived. Therefore, it is important to update a certain level of stand information on an annual basis. In 2013, approximately 10,000 acres of County Forest will be re-inventoried. Most will be in the form of entire compartment updates, but priority stands will also be identified. Prior to 2010, the direction was to re-inventory approximately 10% of the forest each year, or roughly 17,000 acres. The new direction will to establish a 15 year re-inventory cycle. Since 2001, 153 of 202 compartments, totaling nearly 124,000 acres have been updated. The goal is to re-inventory the remaining 49 compartments over the next 5 years. Once completed, it will put the department on pace to achieve the 15 year re- inventory goal. At which time, a 15 year, modified re-inventory cycle will be put in place. In the meantime, inventory priorities will be placed on forest compartments that contain a larger percentage of old data (≥20 years old), as well as compartments that contain a larger percentage of stands prescribed for management in the near future. Individual timber types or stands of certain priority types may take precedence over the inventory of an entire compartment. In timber types such as red oak, where a significant portion of the type occurs within the 80 to 90 year age class, it will become increasingly important to determine which stands are in greater need of management. Obtaining good reconnaissance information and the development of a priority management system on all mature red oak will continue to be a priority in 2013. REFORESTATION Reforestation, be it natural or artificial, is a core building block of forest sustainability and a fundamental component of any forest management program. A successful Figure 3 322 reforestation program provides numerous benefits, some of which include: the restoration of forest productivity, fertility and environmental function; the assurance of a perpetual, sustainable supply of forest resources and amenities for future generations; the protection of soil and water quality; and the establishment and development of quality wildlife habitat. Table 2 displays the reforestation efforts that are planned for 2013: Table 2: Bayfield County Forest 2013 Reforestation Program (acres) Year Planting Seeding Site Preparation Maintenance Monitoring Red Pine Jack Pine White Pine Jack Pine Trench Fire Plow Scarify Spray Rx Fire Spray Survival Counts 2013 245 288 59 575 200 0 100 100 0 400 2,750 5 yr. avg 357 198 77 82 503 94 31 362 33 234 2,216 Spring Planting Tree species planted during the 2013 season will be as follows: on new planting sites, approximately 164,000 Red Pine, 95,000 Jack Pine, and 27,000 White Pine and White Spruce covering 414 acres; on sites that will be replanted, approximately 13,000 Red Pine and 63,000 Jack Pine covering 178 acres (these sites are being replanted primarily due to mortality caused by over browsing from white tailed deer). All seedlings are containerized stock and will be hand planted by contract planters. Spring Seeding In 2013, approximately 575 acres of Jack Pine will be aerially seeded. The acreage is primarily located within the Barnes Barrens Management Area, which will be managed with an emphasis on developing pine barrens habitat. Seeding creates a more variable and natural stand condition which has been shown to be more preferable to species dependent on pine barrens habitat. Site Preparation and Release In 2013, approximately 200 acres are planned for site preparation via power trenching, 100 acres will be treated with chemical and 0 acres will be fire plowed. In addition, approximately 100 acres of red oak will be scarified. Scarification will facilitate the natural regeneration of red oak and paper birch, as well as reduce competition from non- desirable species, such as ironwood and red maple. Approximately 400 acres of young red pine plantations will be aerial sprayed to release the conifer from competition. The prescribed burn program will be reviewed in 2013 to gauge the effectiveness of fire. As a result, 0 acres will be treated with fire in 2013, though roughly 40 acres of red oak may be mechanically released (via chainsaw), if conditions allow. Natural Regeneration Thousands of acres of natural regeneration will occur on a variety of forest types. The exact amount is solely dependent on the total number of acres harvested in previous years. Forest types such as northern hardwoods and aspen regenerate naturally via seed, stump 323 sprouting and/or coppicing (vegetative sprouting from existing root system) and require very little additional input from the department. However, the natural regeneration of hardwood forest types such as red oak and paper birch do require additional departmental maintenance efforts. Examples of additional inputs include: pre or post sale site scarification to prepare a favorable seed bed and reduce competition, pre or post sale burning to reduce competition from undesirable tree seedlings and prepare favorable seedbeds, and deer browse protection i.e. fencing, repellents, etc. to improve the tree seedlings chance of survival. These additional inputs occur when opportunities arise and are treated on a case by case basis. Seedling Counts All planting sites and many areas that were regenerated naturally require survival counts. Data collected from the counts are used to determine stocking levels of desired tree species and, ultimately, to evaluate the success of the reforestation attempt. Seedling counts are administered at one, two, three and five years after the regeneration attempt on most planted sites. Seedling counts on naturally regenerating hardwood stands are typically administered two to four years after harvest (depending on the forest type) and also include one to two additional surveys to determine success. In 2013, seedling counts will be administered on roughly 1,550 acres of sites that were regenerated artificially (planted or seeded) and on roughly 1,200 acres of sites regenerated naturally. Prescribed Fire Prescribed fires have traditionally been used to maintain portions of the fuel breaks located in the Township of Barnes, as well as to facilitate natural red oak reproduction in stands located throughout the county forest. In 2013, 0 acres of forested stands will be treated with prescribed fire. Portions of the existing fuel breaks may be treated with fire if conditions allow. If conditions allow, portions of the existing fuel break may receive maintenance burns. WILDLIFE A number of wildlife projects will again be undertaken in 2013. The majority of wildlife habitat improvement work conducted on County Forest land will be accomplished utilizing funding from Wisconsin DNR grant programs, specifically, the County Conservation Aids and Nickel-an-Acre programs. The Nickel-an-Acre program reflects a change from the previous Dime-an-Acre funding. As indicated in the name, the program funding was cut in half starting in 2010 and will continue to be funded at a nickel an acre into the foreseeable future. The County Conservation Aid grant requires a 50% County match on eligible projects. The Conservation Aids project for 2013 have yet to be determined. There is approximately $7,986 available for eligible projects. Additional monies may also be available, as determined by the total amount of unallocated funds. The Nickel-an-Acre grant totals $8,467. This grant has been used to fund a variety of County Forest wildlife projects in the past. 324 Potential projects for 2013 could include, but are not limited to:  Hunter walking trail repair, clearing, and mowing.  Site prep and seeding for jack pine in the Barnes Barrens Management Area.  Mechanical and/or chemical treatments for wildlife opening maintenance (currently roughly 100 acres combined per year).  Wildlife habitat development/improvement.  Mechanical site prep for natural white birch and red oak regeneration.  Prescribed burning of wildlife openings and oak regeneration areas.  Fish habitat projects.  Habitat projects on old homesteads.  Wildlife monitoring.  Breeding bird surveys.  Land acquisition.  Invasive species eradication.  Deer enclosures for red oak regeneration (fencing). ACCESS MANAGEMENT The Access Management Plan will continue to be implemented in accordance with the Bayfield County Forest Comprehensive Land Use Plan. Criteria for classification of roads will be clarified and then applied when designating existing and planned transportation networks. The access management plans for the Cable and South Barnes blocks are complete. Planning for access management on the remaining portions of the County Forest began in 2012 and will continue through 2013. The Forestry Department will continue to maintain 36.09 miles of Primary Forest roads, for which we receive DOT County Forest Road Aids. The Department will also continue identify, plan and/or develop additional forest roads and trails, as the need arises, for later entry into the County Forest Road program. BAYFIELD COUNTY FOREST PLAN The existing County Forest Comprehensive Land Use Plan for the period 2006 – 2020 will be amended to reflect changes and/or updates. Some items that may require updating in 2013 include, but are not limited to:  Access management.  Integrated Resource Management Unit (IRMU) summaries.  IRMU boundaries.  Barnes Barrens Management Plan summary.  Timber sale contract language.  Firewood permit language.  Timber sale rutting policy.  Forest certification (addition of FSC). 325 OTHER ACTIVITIES Recreation: The department will continue to work with the County Tourism and Recreation Department and interested user groups regarding recreational activities occurring on the County Forest. The demand for recreational use on County Forest land continues to increase. Over the past few years, the Forestry and Parks Committee has approved numerous re- routes of snowmobile and ATV trails, the construction of a new mountain bike trail network and improvements to existing cross country ski trails. Requests to host events on trails located within the county forest continues to increase as well. Some of the more notable events that utilize portions of trails located on the county forest include: the American Birkebeiner Cross Country Ski Race, the Chequamegon Fat Tire Mountain Bike Race, the Cable Area Off-Road Classic Mountain Bike Race and the Apostle Islands Sled Dog Race. Requests for new or improvements to existing motorized and non-motorized trail systems are expected to continue in 2013 and beyond. Requests for additional trails will be treated on a case by case basis, as per the Access Management Plan. Trail counters and a voluntary donation tube were placed on the Jerry J. Jolly/Pike’s Creek trail. The counters were strategically placed in an attempt to acquire information on how often the trail is being used. The data received from these counters will provide the County with valuable information needed to determine future direction. Counters will also be used to monitor other recreational locations in 2013. The lost creek falls trail will need some minor attention. The trail needs to be better defined and signed, including some brush work and the removal of a few hazard trees, and possibly re-routed in areas to avoid sensitive soils. Insects and Disease: The Department is continuing to monitor the effects of forest insects such as the Jack Pine Budworm, Two-Lined Chestnut borer, Emerald Ash borer, and Gypsy Moth. If any additional sites containing a significant amount of damage are discovered, they will be promptly managed. Also, as new threats are encountered, the Department may need to alter management plans accordingly. The most notable “new” threat regarding the overall health of the forest is the Gypsy Moth. Gypsy Moth numbers, and subsequent defoliation, have been observed in very high numbers in the Bayfield Peninsula. The greatest numbers have been found along higher elevations located in the general vicinity of Jammer Hill and Echo Valley Roads. Red Oak and Aspen are their preferred primary food sources and are the most susceptible to potential mortality, especially the suppressed and over mature individuals. Significant defoliation of Red Oak and Aspen occurred in these areas during the summer of 2012. Egg mass numbers continue to be high, indicating that a significant defoliation event may again occur in 2013, and, potentially, into the next few years (unless Mother Nature intervenes). As a result, all Red Oak management may be suspended in areas were egg mass counts remain high (currently IRMU’s 1 and 8), until the defoliation event has been reduced to a manageable level (most likely a 2 to 3 year furlough). If Oak management is reduced in IRMU’s 1 and/or 8, the sustainable goal in all other units may be adjusted accordingly. 326 The Department is currently working with the DNR to determine the best course of action regarding general forest management practices in the face of a threatening Gypsy Moth defoliation event, in particular, the management of the red oak type. Land Acquisition: The department will continue efforts to acquire private properties on a willing seller, willing buyer basis when advantageous to the long term goals of Bayfield County. Submitted by Jason Bodine, Bayfield County Forest Administrator, December 10, 2012. A motion was made by Rondeau/Pocernich to receive and place on file the 2013 Bayfield County Forest and Parks Department Work Plan. The motion carried. 7. Bayfield County Resolution No. 2013-01, Honoring Craig Haukaas for Serving as Bayfield County’s District Attorney. The Board dispensed with the reading of the Resolution, which reads as follows: WHEREAS, Craig Haukaas, Attorney at Law, has served Bayfield County with distinction, honor and dedication for eleven (11) years, serving the citizens of Bayfield County as District Attorney; NOW, THEREFORE, BE IT RESOLVED, that the Bayfield County Board of Supervisors assembled this 29th day of January, 2013, honors Craig Haukaas, for his eleven (11) 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 Crandall/Kittleson to adopt Bayfield County Resolution No. 2013-01, Honoring Craig Haukaas for Serving as Bayfield County’s District Attorney. The motion carried. 8. Bayfield County Resolution No. 2013-02, Honoring Susan Jacobson upon her Retirement from the Bayfield County Treasurer’s Office. Chairman Miller read the Resolution, which reads as follows: WHEREAS, Susan Jacobson has served Bayfield County with distinction, honor and dedication in the County Treasurer’s Office for twenty-seven (27) years. NOW, THEREFORE, BE IT RESOLVED, that the Bayfield County Board of Supervisors assembled this 29th day of January, 2013, honors Susan Jacobson for her twenty-seven (27) 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 327 A motion was made by Pocernich/Bichanich to adopt Bayfield County Resolution No. 2013-2 Honoring Susan Jacobson upon her Retirement from the Bayfield County Treasurer’s Office. The motion carried. Supervisor Rondeau presented Jacobson with a plaque and Certificate. Jacobson told the board that is proud to have worked for Bayfield County. 9. Bayfield County Resolution No. 2013-03, Honoring Lynn Frechette upon her Retirement from Bayfield County. The Board dispensed with the reading of the Resolution, which reads as follows: WHEREAS, Lynn Frechette has served Bayfield County with distinction, honor and dedication in the Health, Human Services and Sheriff’s Departments for twelve (12) years. NOW, THEREFORE, BE IT RESOLVED, that the Bayfield County Board of Supervisors assembled this 13th day of November, 2012, honors Lynn Frechette for her twelve (12) 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 Crandall/Bichanich to adopt Bayfield County Resolution no. 2013-03, Honoring Lynn Frechette upon her Retirement from Bayfield County. The motion carried. 10. Bayfield County Resolution No. 2013-04, Honoring Michele Ochsner upon her Retirement from the Bayfield County Human Services Department. The Board dispensed with the reading of the Resolution, which reads as follows: WHEREAS, Michele Ochsner has served Bayfield County with distinction, honor and dedication in the Human Services Department for nearly twenty-eight (28) years. NOW, THEREFORE, BE IT RESOLVED, that the Bayfield County Board of Supervisors assembled this 13th day of November, 2012, honors Michele Ochsner for her nearly twenty-eight (28) 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 Kittleson/Crandall to adopt Bayfield County Resolution No. 2013-04, Honoring Michele Ochsner upon her Retirement from the Bayfield County Human Services Department. The motion carried. 11. Bayfield County Resolution No. 2013-05, Honoring James Jarecki upon his Retirement from the Bayfield County Sheriff’s Department. The Board dispensed with the reading of the Resolution, which reads as follows: WHEREAS, James Jarecki has served Bayfield County with distinction, honor and dedication in the County Sheriff’s Department for twenty-three (23) years. 328 NOW, THEREFORE, BE IT RESOLVED, that the Bayfield County Board of Supervisors assembled this 29th day of January, 2013, honors James Jarecki for his twenty-three (23) 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 Bichanich/Rondeau to adopt Bayfield County Resolution No. 2013-05, Honoring James Jarecki upon his Retirement from the Bayfield County Sheriff’s Department. The motion carried. 12. Bayfield County Resolution No. 2013-06, Department of Human Services 2012 Budget Adjustments. Elizabeth Skulan, Human Services Director, was present to explain the budget adjustments. The Board dispensed with the reading of the Resolution, which reads as follows: WHEREAS, adjustments to and transfer within the Department of Human Services 2012 budget are necessary to satisfy state statutes and accounting principles; and WHEREAS, the Department of Human Services currently maintains a Risk Reserve Fund in the amount of $355,000; and WHEREAS, Human Services expects to exceed our 2012 budget authority; and WHEREAS, some additional county levy is required to balance the 2012 budget; and WHEREAS, the Department of Human Services is requesting to access the Risk Reserve Funds in the amount of $250,000. NOW, THEREFORE, BE IT RESOLVED, that the Bayfield County Board of Supervisors, assembled this 29th day of January, 2013, does hereby approve that the following 2012 budget line adjustments be made. ACCOUNT NUMBER DESCRIPTION ADJUSTMENTS Expenditure Adjustments 235-53-5431-50299 Family Services, Mental Health 298,000 235-53-54315-50299 Family Services, AODA 147,000 235-53-54520-50299 Family Services, Youth Aides 56,000 235-55-54320-50299 Aging & Disability, Adult Protective Services 98,000 235-52-54510-50156 AMSO, HRA (20,000) 235-53-54520-50156 Family Services, HRA (25,000) 235-54-54410-50156 Economic Support, HRA (9,000) 235-55-54320-50156 Aging & Disability, HRA (8,000) 235-56-54610-50156 GWAAR, HRA (6,000) 235-58-54581-50156 ADRC-Bayfield, HRA (6,000) Total Increase to Expenditures $525,000 329 Revenue Adjustment 235-50-43560-101 St/Federal Revenue 65,000 235-50-49201 Transfer from other Funds, 2011 Carry Over 72,266 235-50-49301 Fund Balance Reserve 250,000 235-50-43560-107 Family Services, Federal Revenue, EDS 21,734 235-50-46630 Family Services, Youth Aids Revenue 24,000 235-50-46620 Aging & Disability, Adult Protective Services 92,000 Total Increase to Revenues $525,000 This will tap into risk reservation, 355 is in there now. It will be June before we have a final figure, but the ex committee has made known that this amount will be put back into the reserve fund later. By Action of the Bayfield County Board of Supervisors Shawn W. Miller, Chairman A motion was made by Williams/Rondeau to adopt Bayfield County Resolution No. 2013-06, Department of Human Services 2012 Budget Adjustments. 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- absent; Kittleson-yes; Bennett-yes. Total: 13, 12 yes, 0 no, 1 absent. The motion carried. 13. Bayfield County Resolution No. 2013-07, 2012 Budget Adjustments in the Offices of Child Support, District Attorney, Motor Pool and Veterans. Abeles- Allison explained the Resolution and that both the Sheriff and Executive Committees have approved the Resolution and have passed it on for full County Board approval. The Board dispensed with the reading of the Resolution, which reads as follows: WHEREAS, title searches related to parcels on the railroad grade were necessary in 2012; WHEREAS, costs for the title searches were not included in the 2012 Tourism budget; WHEREAS, it is anticipated the expenditures will exceed the budgeted amount for FY2012 for the District Attorney’s Office; WHEREAS, additional office support was necessary throughout 2012. WHEREAS, part-time office support is contracted through Gemini Employee Leasing; WHEREAS, it is anticipated that mileage expenditures will exceed the budgeted amount for FY2012 for the Veteran’s Service Office; WHEREAS, rising health care needs of our WWII, Korean and Vietnam Veterans resulting in transportation to the VA Clinic and Hospital appointments has required significantly increased transportation costs; 330 WHEREAS, there are sufficient funds available in the Contingency Fund to cover these expenses; WHEREAS, the Oversight Committees approved the use of Contingency Funds for these purposes, at their meetings on October 2, December 13 and December 17, 2012; WHEREAS, the unanticipated expenditures and revenues will exceed the budgeted amount for FY12 for the Child Support Agency; WHEREAS, the amount of sick leave payout for Jack Olson in the amount of $12,835.22 was unanticipated when the budget for FY2012 was developed; WHEREAS, there are additional revenue anticipated through the State Grant Monies that the Child Support Agency anticipates to receive in 2013- for 2012 expenses; WHEREAS, the County Sheriff’s Committee reviewed and approved this Child Support Budget Amendment at their meeting on December 17, 2012 and recommended it be forwarded to the County Board for approval. NOW, THEREFORE, BE IT RESOLVED, that the Bayfield County Board of Supervisors, meeting this 29th day of January, 2013 approve the following budget amendments: Decrease 2012 Contingency account: 100-00-51410-50000 by $16,500 Increase 2012 Tourism Contractual Services account: 100-23-55301-50290 by $1000 Increase 2012 Veteran’s Service Mileage account: 100-19-54701-50332 by $7500 Increase 2012 District Attorney Contractual Services expense account: 100-08-51311-50290 by $8,000 Increase 2012 Child Support Agency expense account: 100-09-51331-50131 $12,835 Increase 2012 State Grant Account 100-09-43509 $12,835 A motion was made by Meyers/Pocernich to adopt Bayfield County Resolution No. 2013-07, 2012 Budget Adjustments in the Offices of Child Support, District Attorney, Motor Pool and Veterans. Discussion took place regarding the tourism line item. Supervisor Schultz made a motion that the $1,000 for the Tourism Contractual Services Account be deleted from the Resolution. The motion died due to lack of a second. Roll call vote on original motion: Schultz-yes; Williams-yes; Bichanich-yes; Miller-yes; Crandall-yes; Rondeau-yes; Meyers-yes; Bussey-yes; Jardine-yes; Maki- absent; Kittleson-yes; Bennett-yes; Pocernich-yes. Total: 13, 12 yes, 0 no, 1 absent. The motion carried. 331 14. Bayfield County Resolution No. 2013-09, Adopting an Amendment to the Bayfield County Outdoor Recreation Plan for the Town of Grand View. Abeles-Allison explained the purpose of the Resolution. The Board dispensed with the reading of the Resolution, which reads as follows: WHEREAS, Bayfield County, has developed a comprehensive outdoor recreation plan; and WHEREAS, this plan outlines foreseeable outdoor recreation facility needs of Bayfield County that can be adequately maintained; and WHEREAS, the Town of Grand View has requested that we amend our Outdoor Recreation Plan to include the following changes and improvements so that the project will be eligible for grant funding: Town Of Grand View Great Divide Ball Park Facility: Add to Recommended Improvements: Reconstruct bleachers Grand View Park: Install ADA concrete pit toilet, enclose west side of shelter, upgrade wiring in 2 concession stands & 30x60 foot shelter Park Along Hwy 63: Add to Recommended Improvements: Install unisex ADA concrete pit toilet, add a recycle collection unit, sheltered drinking fountain & picnic table. NOW THEREFORE, BE IT RESOLVED, that the Bayfield County Board of Supervisors assembled this 29th day of January, 2013, hereby formally adopts this amendment to the Bayfield County Outdoor Recreation Plan. By Action of the Bayfield County Board of Supervisors Shawn W. Miller, Chairman A motion was made by Crandall/Kittleson to adopt Bayfield County Resolution No. 2013-09, Adopting an Amendment to the Bayfield County Outdoor Recreation Plan for the Town of Grand View. The motion carried. 15. Bayfield County Resolution No. 2013-10, Community Health Assessment and Group Evaluation (CHANGE) for 2012-13 Grant. Abeles-Allison explained the purpose of the Resolution. The Board dispensed with the reading of the Resolution, which reads as follows: WHEREAS, the Bayfield County Health Department has been awarded a CHANGE (Community Health Assessment and Group Evaluation) Grant in the amount of $10,000 from the Wisconsin Division of Public Health’s Nutrition, Physical Activity and Obesity Program. The CHANGE project will be used to identify community strengths and areas for improvement, identify and understand the status of community health needs, and assist with prioritizing community needs. Furthermore, the CHANGE tool will assist to guide the communities towards population-based strategies that create a healthier environment (e.g., increased physical activity, improved nutrition, reduced tobacco use and exposure, 332 and chronic disease management). Total award beginning October 16, 2012 and to be expended by June 29, 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 29th day of January, 2013, hereby authorizes the increase of Revenue Account Number 100-20-43550-016 and Expense Account Number 100-20- 54126, 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 on December 17, 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/Rondeau to adopt Bayfield County Resolution No. 2013-10, Community Health Assessment and Group Evaluation (CHANGE) for 2012-13 Grant. A roll call vote was taken as follows: Williams-yes; Bichanich-yes; Miller-yes; Crandall-yes; Rondeau-yes; Meyers-yes; Bussey-yes; Jardine-yes; Maki- absent; Kittleson-yes; Bennett-yes; Pocernich-yes; Schultz-yes. Total: 13, 12 yes, 0 no, 1 absent. The motion carried. 16. Report of the Bayfield County Planning & Zoning Committee Regarding the Rezone of the CTD, LLC Property in the Town of Kelly. The Board dispensed with the reading of the Report, which reads as follows: TO: The County Board of Supervisors of Bayfield County on the hearing of petitions to amend the Bayfield County Zoning Ordinance. The Planning and Zoning Committee of the Bayfield County Board of Supervisors, having held a public hearing pursuant to Section 59.69(5)(e), Wisconsin Statutes; notice thereof having been given as provided by law; and having been duly informed of the facts pertinent to the following changes; hereby recommends the following action on said petition: The Zoning of C T D LLC 38-acre parcel (ID# 04-026-2-46-05-29-3-03-00-10000) located in the Southwest Quarter of the Southwest Quarter (SW, SW), in Vol. 1020, Page 477, less 100’ strip in Vol. 159, P. 233, Section Twenty-Nine (29), Township Forty-Six (46) 333 North, Range Five (5) West, Town of Kelly, Bayfield County, Wisconsin be changed from Forestry-One (F-1) to Agricultural-One (Ag-1). AND The Zoning of C T D LLC 40-acre parcel (ID# 04-026-2-46-05-29-3-04-00-10000) located in the Southeast Quarter of the Southwest Quarter (SE, SW), in Vol. 1020, Page 477, Section Twenty-Nine (29), Township Forty-Six (46) North, Range Five (5) West, Town of Kelly, Bayfield County, Wisconsin be changed from Forestry-One (F-1) to Agricultural-One (Ag-1). The Bayfield County Planning and Zoning Committee recommendation is: Be Approved. Dated: November 29, 2012 BAYFIELD COUNTY PLANNING & ZONING COMMITTEE Kenneth Jardine, Shawn Miller, Dennis Pocernich, Brett Rondeau A motion was made by Rondeau/Pocernich to receive and place on file the Report of the Bayfield County Planning & Zoning Committee Regarding the Rezone of the CTD, LLC Property in the Town of Kelly. The motion carried. 17. Bayfield County Zoning Amendatory Ordinance No. 2013-01, Regarding the Rezone of the CTD, LLC Property in the Town of Kelly. 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 CTD LLC 38-acre parcel (ID# 04-026-2-46-05-29-3-03-00-10000) located in the Southwest Quarter of the Southwest Quarter (SW, SW), in Vol. 1020, Page 477, less 100’ strip in Vol. 159, P. 233, Section Twenty-Nine (29), Township Forty-Six (46) North, Range Five (5) West, Town of Kelly, Bayfield County, Wisconsin be changed from Forestry-One (F-1) to Agricultural-One (Ag-1). AND The Zoning of CTD LLC 40-acre parcel (ID# 04-026-2-46-05-29-3-04-00-10000) located in the Southeast Quarter of the Southwest Quarter (SE, SW), in Vol. 1020, Page 477, Section Twenty-Nine (29), Township Forty-Six (46) North, Range Five (5) West, Town of Kelly, Bayfield County, Wisconsin be changed from Forestry-One (F-1) to Agricultural- One (Ag-1). Adopted by the Board of Supervisors of the County of Bayfield on the 29th day of January, 2013. By Action of the BAYFIELD COUNTY BOARD OF SUPERVISORS Attested to by Shawn W. Miller, Bayfield County Chair 334 A motion was made by Rondeau/Pocernich to adopt Bayfield County Zoning Amendatory Ordinance No. 2013-01, Regarding the Rezone of the CTD, LLC Property in the Town of Kelly. Discussion took place. The motion carried. 18. Report of the Bayfield County Planning & Zoning Committee Amending Sections 13-1-22, 13-1-62 and 13-2-11, Code of Ordinances, Bayfield County, Wisconsin. Abeles-Allison explained 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. Subparagraph (c.) [Mitigation] of Subheading (2) [Reduced Roadway, Rear Yard, and Shoreline Setbacks for Undeveloped and Redeveloped Lots of Record] 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): c. Mitigation. A property owner shall comply with the mitigation requirements of Section 13-1-40(c)(5) (f)(11) in order to qualify for the setback reductions of this Section. Section 2. Subsection (a) of Section 13-1-62(a) [Classification Uses.] of Article D [Zoning Districts] of Chapter 1 [Zoning Code] of Title 13 [Zoning] of the Code of Ordinances, Bayfield County, Wisconsin is hereby creating to read as follows, with creation(s) highlighted by the double underline feature (addition(s): PERMISSIBLE USES R-4 R-3 R-1 R-2 R- RB C I M A- 1 A-2 F-1 F-2 W Asphalt and Asphalt Products, Processing *Municipal zone allows temporary plant(s) only C C* C C Paving-batch ( Plant for Cement, Asphalt ) & Related Materials Products, Processing *Municipal zone allows temporary plant(s) only C C C C 335 Section 3. Subparagraph (d) of Subheading (2) [Official Analysis] of Subsection (b) [Official Maps] of Section (13-2-11) [District Boundaries] of Article B [General Provisions] of Chapter 2 [Floodplain Zoinng] of Title 13 [Zoning Code] 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): d. (Iron River Dam Failure Analysis), approved by the DNR (August 29, 2012), done by SEH Engineering. d. e. Floodplain Study Appendix: All DNR and FEMA approved floodplain maps, flood profiles, floodway data tables, regional or base flood elevations and other information located in the appendix in Article K of this ordinance. The community shall provide the most up to date appendix to the DNR and FEMA regional offices. The Bayfield County Planning and Zoning Committee recommendation is: Be Approved Date: December 20, 2012 BAYFIELD COUNTY PLANNING & ZONING COMMITTEE Kenneth Jardine, Shawn Miller, Brett Rondeau A motion was made by Rondeau/Jardine to receive and place on file the Report of the Bayfield County Planning & Zoning Committee Amending Sections 13-1-22, 13- 1-62, and 13-2-11, Code of Ordinances, Bayfield County, Wisconsin. The motion carried. 19. Bayfield County Zoning Amendatory Ordinance No. 2013-02, Regarding Amending Sections 13-1-22, 13-1-62 and 13-2-11 Code of Ordinances, Bayfield County, Wisconsin. 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: WHEREAS, Wisconsin Statutes §59.69(5) authorizes the County Board to adopt a zoning ordinance; and WHEREAS, Wisconsin Statutes §59.69(5)(e) authorizes the County Board to amend an ordinance; and WHEREAS, Section 13-1-104, Code of Ordinances, Bayfield County, Wisconsin, authorizes the County Board to make amendments to Title 13, Chapter 1 of the Code of Ordinances, Bayfield County, Wisconsin pursuant to Wisconsin Statutes, Wisconsin Statutes §59.69; and 336 WHEREAS, it is deemed in the best interest of the County of Bayfield to amend the subsection number under mitigation subparagraph in Section 13-1-22 Code of Ordinances, Bayfield County, Wisconsin; and WHEREAS, it is deemed in the best interest of the County of Bayfield to amend the table listed under Section 13-1-62 Code of Ordinances, Bayfield County, Wisconsin to remove a similar entry of asphalt and asphalt products and process; and amend entry of paving-batch plant for cement, asphalt which includes deleting language related materials; and WHEREAS, it is deemed in the best interest of the County of Bayfield to also amend Sections 13-2-11 to include a dam analysis for Iron River and the re-lettering of (d) to (e); 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. Subparagraph (c.) [Mitigation] of Subheading (2) [Reduced Roadway, Rear Yard, and Shoreline Setbacks for Undeveloped and Redeveloped Lots of Record] 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): c. Mitigation. A property owner shall comply with the mitigation requirements of Section 13-1-40(c)(5) (f)(11) in order to qualify for the setback reductions of this Section. Section 2. Subsection (a) of Section 13-1-62(a) [Classification Uses.] of Article D [Zoning Districts] of Chapter 1 [Zoning Code] of Title 13 [Zoning] of the Code of Ordinances, Bayfield County, Wisconsin is hereby creating to read as follows, with creation(s) highlighted by the double underline feature (addition(s): PERMISSIBLE USES R-4 R-3 R-1 R-2 R- RB C I M A- 1 A-2 F-1 F-2 W Asphalt and Asphalt Products, Processing *Municipal zone allows temporary plant(s) only C C* C C Paving-batch ( Plant for Cement, Asphalt ) & Related Materials C C C C 337 Products, Processing *Municipal zone allows temporary plant(s) only Section 3. Subparagraph (d) of Subheading (2) [Official Analysis] of Subsection (b) [Official Maps] of Section (13-2-11) [District Boundaries] of Article B [General Provisions] of Chapter 2 [Floodplain Zoinng] of Title 13 [Zoning Code] 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): d. (Iron River Dam Failure Analysis), approved by the DNR (August 29, 2012), done by SEH Engineering. d. e. Floodplain Study Appendix: All DNR and FEMA approved floodplain maps, flood profiles, floodway data tables, regional or base flood elevations and other information located in the appendix in Article K of this ordinance. The community shall provide the most up to date appendix to the DNR and FEMA regional offices. 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 as 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 hereby. 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 29th day of January, 2013. By Action of the BAYFIELD COUNTY BOARD OF SUPERVISORS Attested to by: Shawn W. Miller, Bayfield County Chair A motion was made by Rondeau/Jardine to adopt Bayfield County Zoning Amendatory Ordinance No. 2013-2, Amending Sections 13-1-22, 13-1-62, and 13- 2-11, Code of Ordinances, Bayfield County, Wisconsin. The motion carried with one opposition. 338 20. Report of the Bayfield County Planning & Zoning Committee Amending Sections 13-1-4, 13-1-21 and 15-1-10, Code of Ordinances, Bayfield County, Wisconsin. Abeles-Allison explained 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. Subsection (a)(25m) of Section 13-1-4 [Definitions] 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: (25m) Hobby Farm. The keeping of farm animals or livestock (including but not limited to llamas, alpacas, pigmy goats, ponies, pot belly pigs, ostrich, turkeys, geese, chicken roosters, etc.) for commercial or personal use in a zoning district other than Ag-1 or Ag-2, and excluding up to six (6) chicken hens. Section 2. Subsection (a)(29) of Section 13-1-4 [Definitions] of Article B [General Provisions of Chapter 1 [Zoning Code] or Title 13 [Zoning of the Code of Ordinances], Bayfield County, Wisconsin is hereby amended to read as follows: (29) 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, decks, rooftops, sidewalks, driveways, parking lots, streets, shingles, concrete and asphalt. Section 3. Subsection (a)(41) of Section 13-1-4 [Definitions] of Article B [General Provisions of Chapter 1 [Zoning Code] or Title 13 [Zoning of the Code of Ordinances], Bayfield County, Wisconsin is hereby amended to read as follows, with additions highlighted by the double underline feature (additions): (41) Mobile Home. A park model home or a self-contained unit exceeding forty- five (45) feet in length and that is designated to be transported on its own wheels, or those of another vehicle, and may contain the same water supply, 339 sewage disposal and electric system as immobile housing and is used for either permanent or seasonal occupancy. Section 4. Subsection (b)(1) [Requirement] 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 amended to read as follows, with additions highlighted by the double underline feature (additions): (1) Requirement. A land use permit shall be required for any new residence, any building or structure erected, relocated, rebuilt or structurally altered (excepting alterations which do not increase the size or change the shape of a structure); any change in the use of the land; or where any use of the land is altered. A land use permit shall be obtained prior to the initiation of construction or a change in land use. No permit shall be issued if the applicant is in violation of the Bayfield County Zoning Ordinance, Flood Plain Ordinance, Shoreland-Wetlands Zoning Ordinance, or Subdivision Control Ordinance. Section 5. Subsection (b)(5) [Validity] 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 amended to read as follows, with additions highlighted by the double underline feature (additions): (5) Validity. A land use permit shall expire twelve (12) months from its date of issuance if the authorized building activity, land alteration of use has not begun within such time. An incomplete application shall expire four (4) months after written notice from the Department to the applicant that the application is incomplete, if it is not completed within such time period. An incomplete or unfinished application shall expire twelve (12) months from the date received by the Planning and Zoning Department, if not completed within such time period unless otherwise already expired. Section 6. Subsection (c)(3) [Application for Permit] 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 amended to read as follows, with deletions highlighted by the strike out feature (deletions): (3) If a determination cannot be made by the Planning and Zoning Department to either issue or deny a permit, the Department shall state the facts upon which it bases the conclusions of unsuitability in writing. The applicant may appeal the Planning and Zoning Department's and/or the Planning Zoning Committee's decision in denying the application as provided under Sections 13-1-102 and 13-1-102A. An incomplete application shall expire four (4) 340 months after written notice from the Department to the applicant that the application is incomplete, if it is not completed within such time period. Section 7. Subsection (e)(1) c. d. e.& g. [Fee Schedule] 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 amended to read as follows, with additions highlighted by the double underline feature (additions) and deletions highlighted by the strike out features (deletions): c. Residential Accessory Buildings Structures 1. 0—less than $25,000 ..................................................................... $ 75.00 2. $25,000 ..................................................................................... $ 3.00/1,000.00 d. Additions/Alterations to Residential Accessory Buildings Structures 1 0—less than $25,000 ............................................................ $ 75.00 2. $25,000+ ................................................................................. $ 3.00/1,000.00 e. Commercial/Industrial/Municipal/Institutional— Principal Building Structures ......................................................... * $ 250.00 g. Commercial/Industrial/Municipal/ Institutional--Accessory Buildings Structures ........................ * $ 125.00 [*The minimum commercial / industrial / municipal/institutional fee for a principal building structures shall be $250. For any principal building structures exceeding $100,000 in estimated Fair Market Value, the fee shall be $2.50/$1,000 of estimated Fair Market Value. The minimum commercial / industrial / municipal / institutional additions / alterations, accessory building structures shall be $125.00. For any commercial / industrial / municipal / institutional addition / alterations, accessory building structures, exceeding $50,000 in estimated Fair Market Value, the fee shall be $2.50/1,000 of estimated Fair Market value.] Section 8. Subsection (b)(1) [Definitions] of 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 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): (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, decks, rooftops, sidewalks, driveways, parking lots, streets, shingles, concrete and asphalt. 341 Section 9. Subsection (g) of Section 15-1-10 [Limitations] of Article B [General Requirements] of Chapter 1 [Sanitary & Private Sewage Code] of Title 15 [Sanitary and Private Sewage 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): (g) Any residential structure served by a POWTS Buildings intended for human habitation proposing an addition of 250 sq. ft. or more require verification as outlined in Section 15-1-13(b)(c). The lifetime total of all accumulative additions/alterations may not exceed the 250 sq. ft. without requiring verification. The Bayfield County Planning and Zoning Committee recommendation is: Be Approved Date: November 29, 2012 BAYFIELD COUNTY PLANNING & ZONING COMMITTEE Kenneth Jardine, Shawn Miller, Brett Rondeau A motion was made by Rondeau/Bennett to receive and place on file the Report of the Bayfield County Planning & Zoning Committee Regarding Amending Sections 13- 1-4, 13-1-21, and 15-1-10, Code of Ordinances, Bayfield County, Wisconsin. The motion carried with one opposition. 21. Bayfield County Zoning Amendatory Ordinance No. 2013-03, Regarding Amending Sections 13-1-4, 13-1-21 and 15-1-10 Code of Ordinances, Bayfield County, Wisconsin. 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: WHEREAS, Wisconsin Statutes §59.69(5) authorizes the County Board to adopt a zoning ordinance; and WHEREAS, Wisconsin Statutes §59.69(5)(e) authorizes the County Board to amend an ordinance; and WHEREAS, Section 13-1-104, Code of Ordinances, Bayfield County, Wisconsin, authorizes the County Board to make amendments to Title 13, Chapter 1 of the Code of Ordinances, Bayfield County, Wisconsin pursuant to Wisconsin Statutes, Wisconsin Statutes §59.69; and WHEREAS, it is deemed in the best interest of the County of Bayfield to create a definition under Section 13-1-4(a)(25m) Code of Ordinances, Bayfield County, Wisconsin to include hobby farm; and WHEREAS, it is deemed in the best interest of the County of Bayfield to amend Section 13-1-21(b)(1) Code of Ordinances, Bayfield County, Wisconsin to require a land use permit for the rebuilding of a building or structure; and 342 WHEREAS, it is deemed in the best interest of the County of Bayfield to amend Section 13-1-21(b)(5) Code of Ordinances, Bayfield County, Wisconsin to add language for expiration of incomplete or unfinished applications; and WHEREAS, it is deemed in the best interest of the County of Bayfield to amend Section 13-1-21(c)(3) Code of Ordinances, Bayfield County, Wisconsin to delete language regarding incomplete applications; and WHEREAS, it is deemed in the best interest of the County of Bayfield to amend fee schedule under Sectionn 13-1-21(e)(1) c.d.e.& g. Code of Ordinances, Bayfield County, Wisconsin to delete the word building(s) and substitute the word structures; and WHEREAS, it is deemed in the best interest of the County of Bayfield to amend the limitations under Section 15-1-10(g) Code of Ordinances, Bayfield County, Wisconsin to remove language limiting the requirement to buildings intended for human habitation; and adding language providing that the requirement applies to all residential structures served by a POWTS; 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)(25m) of Section 13-1-4 [Definitions] 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: (25m) Hobby Farm. The keeping of farm animals or livestock (including but not limited to llamas, alpacas, pigmy goats, ponies, pot belly pigs, ostrich, turkeys, geese, chicken roosters, etc.) for commercial or personal use in a zoning district other than Ag-1 or Ag-2, and excluding up to six (6) chicken hens. Section 2. Subsection (a)(29) of Section 13-1-4 [Definitions] of Article B [General Provisions of Chapter 1 [Zoning Code] or Title 13 [Zoning of the Code of Ordinances], Bayfield County, Wisconsin is hereby amended to read as follows: (29) 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, decks, rooftops, sidewalks, driveways, parking lots, streets, shingles, concrete and asphalt. Section 3. Subsection (a)(41) of Section 13-1-4 [Definitions] of Article B [General Provisions of Chapter 1 [Zoning Code] or Title 13 [Zoning of the Code of Ordinances], Bayfield County, Wisconsin is hereby amended to read as 343 follows, with additions highlighted by the double underline feature (additions): (41) Mobile Home. A park model home or a self-contained unit exceeding forty- five (45) feet in length and that is designated to be transported on its own wheels, or those of another vehicle, and may contain the same water supply, sewage disposal and electric system as immobile housing and is used for either permanent or seasonal occupancy. Section 4. Subsection (b)(1) [Requirement] 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 amended to read as follows, with additions highlighted by the double underline feature (additions): (1) Requirement. A land use permit shall be required for any new residence, any building or structure erected, relocated, rebuilt or structurally altered (excepting alterations which do not increase the size or change the shape of a structure); any change in the use of the land; or where any use of the land is altered. A land use permit shall be obtained prior to the initiation of construction or a change in land use. No permit shall be issued if the applicant is in violation of the Bayfield County Zoning Ordinance, Flood Plain Ordinance, Shoreland-Wetlands Zoning Ordinance, or Subdivision Control Ordinance. Section 5. Subsection (b)(5) [Validity] 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 amended to read as follows, with additions highlighted by the double underline feature (additions): (5) Validity. A land use permit shall expire twelve (12) months from its date of issuance if the authorized building activity, land alteration of use has not begun within such time. An incomplete application shall expire four (4) months after written notice from the Department to the applicant that the application is incomplete, if it is not completed within such time period. An incomplete or unfinished application shall expire twelve (12) months from the date received by the Planning and Zoning Department, if not completed within such time period unless otherwise already expired. Section 6. Subsection (c)(3) [Application for Permit] 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 amended to read as follows, with deletions highlighted by the strike out feature (deletions): 344 (3) If a determination cannot be made by the Planning and Zoning Department to either issue or deny a permit, the Department shall state the facts upon which it bases the conclusions of unsuitability in writing. The applicant may appeal the Planning and Zoning Department's and/or the Planning Zoning Committee's decision in denying the application as provided under Sections 13-1-102 and 13-1-102A. An incomplete application shall expire four (4) months after written notice from the Department to the applicant that the application is incomplete, if it is not completed within such time period. Section 7. Subsection (e)(1) c. d. e.& g. [Fee Schedule] 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 amended to read as follows, with additions highlighted by the double underline feature (additions) and deletions highlighted by the strike out features (deletions): c. Residential Accessory Buildings Structures 1. 0—less than $25,000 ..................................................................... $ 75.00 2. $25,000 ..................................................................................... $ 3.00/1,000.00 d. Additions/Alterations to Residential Accessory Buildings Structures 1 0—less than $25,000 ............................................................ $ 75.00 2. $25,000+ ................................................................................. $ 3.00/1,000.00 e. Commercial/Industrial/Municipal/Institutional— Principal Building Structures ......................................................... * $ 250.00 g. Commercial/Industrial/Municipal/ Institutional--Accessory Buildings Structures ........................ * $ 125.00 [*The minimum commercial / industrial / municipal/institutional fee for a principal building structures shall be $250. For any principal building structures exceeding $100,000 in estimated Fair Market Value, the fee shall be $2.50/$1,000 of estimated Fair Market Value. The minimum commercial / industrial / municipal / institutional additions / alterations, accessory building structures shall be $125.00. For any commercial / industrial / municipal / institutional addition / alterations, accessory building structures, exceeding $50,000 in estimated Fair Market Value, the fee shall be $2.50/1,000 of estimated Fair Market value.] Section 8. Subsection (b)(1) [Definitions] of 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 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): (1) “Impervious Surface.” An area that releases as runoff all or a majority of the precipitation that falls on it. “Impervious surface” excludes, among 345 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, decks, rooftops, sidewalks, driveways, parking lots, streets, shingles, concrete and asphalt. Section 9. Subsection (g) of Section 15-1-10 [Limitations] of Article B [General Requirements] of Chapter 1 [Sanitary & Private Sewage Code] of Title 15 [Sanitary and Private Sewage 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): (g) Any residential structure served by a POWTS Buildings intended for human habitation proposing an addition of 250 sq. ft. or more require verification as outlined in Section 15-1-13(b)(c). The lifetime total of all accumulative additions/alterations may not exceed the 250 sq. ft. without requiring verification. Adopted by the Board of Supervisors of the County of Bayfield on the 29th day of January, 2013. By Action of the BAYFIELD COUNTY BOARD OF SUPERVISORS Attested to by Shawn W. Miller, Bayfield County Chair A motion was made by Rondeau/Kittleson to adopt Bayfield County Zoning Amendatory Ordinance No. 2013-02, Amending Sections 13-1-4, 13-1-21, and 15- 1-10 Code of Ordinances, Bayfield County, Wisconsin. The motion carried with one opposition. 22. Bayfield County Ordinance No. 2013-04, Creating Section 10-1-2, Code of Ordinances, Bayfield County, WI. Abeles-Allison explained that the Sheriff’s Committee has reviewed this Ordinance, and it was also reviewed by Bayfield County’s Corporation Counsel. The former Bayfield County District Attorney Haukaas as well as the new District Attorney, Fred Bourg, reviewed the Ordinance and gave their approval as well. Sheriff Susienka gave various scenarios where the usage of such an ordinance would come into play. The Board dispensed with the reading of the Ordinance, which reads as follows: WHEREAS, Wisconsin Statutes §59.03(2) provides that, except as elsewhere specifically provided in the statutes, the board of any county is vested with all powers of a local, legislative and administrative character; and WHEREAS, Wisconsin Statutes §59.02(2) permits the enactment of ordinances by the County Board of Supervisors; and WHEREAS, Section 2-2-3, Code of Ordinances, Bayfield County, Wisconsin, authorizes County Board committees or individual supervisors to introduce proposed ordinances; and 346 WHEREAS, it is deemed to be in the best interest of the County of Bayfield to create Section 10-1-2, Code of Ordinances, Bayfield County, Wisconsin, to make it unlawful for a person to engage in disorderly conduct with a motor vehicle; and WHEREAS, it is deemed to be 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, BE IT RESOLVED, that the Bayfield County Board of Supervisors does hereby ordain as follows: Section xs1. Section 10-1-2 [Disorderly Conduct with a Motor Vehicle] of Article A [General Provisions] of Chapter 1 [Traffic and Parking] of Title 10 [Motor Vehicles and Traffic] of the Code of Ordinances, Bayfield County, Wisconsin, is hereby created to read as follows, with additions highlighted by the double underline feature (additions): Section 10-1-2 Disorderly Conduct with a Motor Vehicle. No person shall, within the County, on public or private property, by or through the use of a motor vehicle, motorcycle, snowmobile, all-terrain vehicle or min-bike, under circumstances which tend to cause or provoke a disturbance or annoy one or more persons, engage in violence, abusive, unreasonably loud or otherwise disorderly conduct, including but not limited to, unnecessary or deliberate or intentional spinning of wheels, revving of engine, blowing of horns, causing the engine to backfire or causing the vehicle while commencing to move or while in motion to raise one or more of its wheels off the ground. Section 2. Except as specifically modified and amended by this ordinance, the Code of Ordinances, Bayfield County, Wisconsin, 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 29th day of January, 2013. 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 Amendatory Ordinance No. 2013-04, Creating Section 10-1-2, Code of Ordinances, Bayfield County, Wisconsin and Regarding Motor Vehicles and Traffic. The motion carried. 347 23. Update Regarding the Northern Lights Health Care Center. Supervisor Meyers updated the Board stating that they continue to struggle financially. They have consulted with a new group with physical therapy a side business. Gene Jordan stated that there are two ways the County could help, one being refinanced, and extending waivers. Abeles-Allison stated that for past few years, we have issued bonds, and it looks like we need to do this again. Discussion took place on the occupancy of the nursing home. 24. Bayfield County Resolution No. 2013-12, Providing for the Sale of $4,990,000 General Obligation Refunding Bonds, Series 2013A; Discussion and Possible Action on Refinancing of the Northern Lights Health Care Center Bond Issue. Steve Apfelbacher of Ehlers & Associates was present to go over the bond issue and contents of the following resolution. Steve said that he is familiar with this transaction as it goes back to 1983, and proceeded to explain to the Board as to what has taken place since that time. He spoke about issuing new debt and what can be saved dollar wise by doing this. The Board dispensed with the reading of the Resolution, which reads as follows: Board Member Meyers introduced the following resolution and moved its adoption: WHEREAS, the Board of Bayfield County, Wisconsin, has heretofore determined that it is necessary and expedient to issue the County's $4,990,000 General Obligation Refunding Bonds, Series 2013 (the "Bonds"), to provide funds to pay for the refinancing of the callable portion of the $5,910,000 General Obligation Bonds, Series 2007A; and WHEREAS, the County has retained Ehlers & Associates, Inc., in Roseville, Minnesota ("Ehlers"), as its independent financial advisor. NOW, THEREFORE, BE IT RESOLVED, by the Bayfield County Board of Supervisors, Bayfield County, Wisconsin, as follows: 1. Authorization; Findings. The County Board hereby authorizes Ehlers to solicit proposals for the sale of the Bonds. 2. Meeting; Proposal Opening. The County Board shall meet at 6:00 pm on February 26, 2013, for the purpose of considering proposals for and awarding sale of the Bonds. 3. Official Statement. In connection with said sale, the officers or employees of the County are hereby authorized to cooperate with Ehlers and participate in the preparation of an official statement for the Bonds and to execute and deliver it on behalf of the County upon its completion. The motion for the adoption of the foregoing resolution was duly seconded by Board Member Kittleson and, after full discussion thereof and upon a vote being taken thereon, the following Board Members voted in favor thereof: and the following voted against the 348 same: Bichanich-yes; Miller-yes; Crandall-yes; Rondeau-yes; Meyers-yes; Bussey- yes; Jardine-yes; Maki-absent; Kittleson-yes; Bennett-yes; Pocernich-yes; Schultz- yes; Williams-yes. Total: 13, 12 yes, 0 no, 1 absent. The motion carried. Whereupon said resolution was declared duly passed and adopted. Dated this 29th day of January, 2013. By Action of the Bayfield County Board of Supervisors Shawn W. Miller, Chairman A motion was made by Meyers/Kittleson to support Resolution No. 2013-12, Providing for the Sale of $,990,000 General Obligation Refunding Bonds, Series 2013A. A roll call vote was taken as follows: Bichanich-yes; Miller-yes; Crandall- yes; Rondeau-yes; Meyers-yes; Bussey-yes; Jardine-yes; Maki-absent; Kittleson- yes; Bennett-yes; Pocernich-yes; Schultz-yes; Williams-yes. Total: 13, 12 yes, 0 no, 1 absent. The motion carried. 25. The Bayfield County Board of Supervisors may entertain a motion to move in and out of Executive Session pursuant to §19.85(1)(c), considering employment, promotion, compensation or performance evaluation data of any public employee over which the governmental body has jurisdiction or exercises responsibility; and §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: Supervisor Crandall asked how this topic qualified for executive session. Abeles- Allison answered that it is the County’s duty to bargain wages, we have asked to bargain as provided. We will be talking about wages of union employees. Supervisor Bussey would propose that we do this in open session as it is better. Abeles-Allison disagreed stating that we are considering a bump in wages, wage study or other possible Union business. Before those documents are completed they would hinder us. The alternative would not to go into executive session or we can wait and do this in executive session at the next Personnel Committee meeting. Discussion turned that if we are going to talk about the wage study, Board members would like it ahead of time to that it can be digested prior to the meeting. A motion was made by Rondeau/Schultz to move into Executive Session pursuant to §19.85(1)(c), considering employment, promotion, compensation or performance evaluation data of any public employee over which the governmental body has jurisdiction or exercises responsibility; and §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. A roll call vote was taken as follows: Miller-yes; Crandall-no; Rondeau-yes; Meyers-no; Bussey-no; Jardine-no; Maki-absent; Kittleson-no; Bennett-no; Pocernich-no; Schultz-yes; Williams-yes; Bichanich-no. Total: 13, 4 yes, 8 no, 1 absent. The motion was defeated and Board remained in open session. 349 a) §19.85(1)(c) – Discussion and Possible Action on Current 12, 24 and 48 month Wage Increases for Employees; Abeles-Allison stated that the County still has an obligation to bargain with the Unions, and up to this point have not bargained with anyone. The step levels for a few of our newly hired employees are not maximum steps. We are not increasing anyone over the current maximum. However, we do not know what the wage study levels will be in 2013. When we get the wage study back, we might show that one of these classifications is much higher than the market rate and may want to red line the position, holding the salary as is. His recommendation is to proceed with these individuals who anticipated the bumps when they were hired. Discussion took place that they were hired knowing that they would be receiving these wage increases as that was part of the hiring process. Further discussion took place. A motion was made by Bussey/Jardine to approve the increases in salaries for the individuals deserving of their increase in pay for the year 2013. A roll call vote took place as follows: Crandall-yes; Rondeau-yes; Meyers-yes; Bussey-yes; Jardine- yes; Maki-absent; Kittleson-yes; Bennett-yes; Pocernich-yes; Schultz-no; Williams- no; Bichanich-yes; Miller-yes. Total: 13, 10 yes, 2 no, 1 absent. The motion carried. There being no further business to come before the Bayfield County Board of Supervisors, Chairman Miller adjourned the meeting 9:55 p.m. Respectfully submitted, Scott S. Fibert, Bayfield County Clerk SSF/dmb