HomeMy WebLinkAboutCounty Board of Supervisors - Minutes - 8/27/2013
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Minutes of the
Bayfield County Board of Supervisors’ Meeting
Of August 27, 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 6:00 p.m. Roll call was taken by The following were present
for the meeting: Bussey-present; Jardine-present; Maki-present; Kittleson-present;
Bennett-present; Pocernich-present; Schultz-present; Williams-present; Bichanich-
present; Miller-present; Crandall-present; Rondeau-present; Meyers-absent. Total: 13, 12
present, 1 absent. A quorum of board members was present. The following were also
present for the meeting: Mark Abeles-Allison, County Administrator; Scott Fibert, County
Clerk; Dawn M. Bellile, Deputy County Clerk; Elizabeth Skulan, Human Services Director;
Jan Victorson, Emergency Management Coordinator; Mary Motiff, Tourism Director; Kay
Cederberg, Clerk of Circuit Court; Jennifer Augustine, Northern Lights Executive
Director; Kyle Jones, Reporter for The Daily Press; and community residents.
The Pledge of Allegiance was recited by all in attendance.
1. Motion Regarding Minutes of July 30, 2013 Bayfield County Board of
Supervisors’ Meeting. A motion was made by Rondeau/Bichanich to adopt the minutes
of the July 30, 2013 Bayfield County Board of Supervisors’ Meeting. The motion
carried.
2. Public Comment.
Tom Koleski, Mason, WI, President of the Chequamegon ATV Club, asked the Board
if it would be possible to speak to them when Item #12 on the agenda comes up regarding
the ATV Ordinance. The Board briefly discussed this and they said they would be in favor
of this.
Jim Nemec, Mason, WI, also would like the same opportunity to speak to the Board
at that time. The Board said they would allow him as well.
3. Discussion and Possible Action Regarding Bayfield County Hazard
Mitigation Plan. Jan Victorson, Emergency Management Coordinator and Brad Henschel,
contractor for the Mitigation Plan, were present to explain the Mitigation Plan to the
Board. The Board was sent a copy of the Plan in their packet for prior review. Victorson
explained that Supervisor Pocernich, Abele-Allison, Victorson, Henschel were among those
that attended the meetings in putting this document together. Victorson and Henschel
then gave a synopsis of the Plan via an overhead projector view for the Board. (A copy of
the Plan can be found in the County Clerk’s office for review).
Victorson reported that the County is required to put together a Mitigation Plan
every 5 years to be able to remain eligible for FEMA grant funding. Discussion took place
and projects were talked about. Some of the projects are listed but it isn’t for sure that
we will get funding, but, if the projects are not listed in the Plan, we will not be able to
even apply for funding.
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A motion was made by Pocernich/Williams to approve the Bayfield County
Hazard Mitigation Plan. The motion carried.
4. A motion was made by Rondeau/Maki to suspend the rules to allow Mary
Motiff, Tourism Director, to speak to the Board to update them on the fair. The
motion carried. Motiff gave a brief report and passed out a document for the Board to
review which contained information about last year’s fair sales versus this year’s. Season
ticket sales and beer sales were up from last year, which we are thinking it was because of
the hot weather. The beer garden was moved to an area by the grandstand, which more
than doubled Thursday night sales. Saturday night sales were almost double as well. This
was a good move. Motiff wanted to thank all of the volunteers who were troopers despite
the hot weather. We had a good fair. A brief discussion took place.
5. Bayfield County Resolution No. 2013-40, 2013 Department of Human
Services Budget Adjustment #1, Patient Protection and Affordability Act (PPAC)
Hiring. Elizabeth Skulan was present to explain the Resolution to the Board. The Board
dispensed with the reading of the Resolution, which reads as follows:
2013 DEPARTMENT OF HUMAN SERVICES BUDGET ADJUSTMENT #1
PATIENT PROTECTION AND AFFORDABILITY ACT (PPACA) HIRING
WHEREAS, due to changes related to the new federal health care law, the Patient
Protection and Affordable Care Act (PPACA), Bayfield County Department of Human
Services and its partner counties within the Northern Income Maintenance Consortium
(NIMC) anticipate a large increase in the workload beginning August 2013; and
WHEREAS, it will be necessary for counties within NIMC to hire additional limited-
term staff to assist in the implementation phase of PPACA; and
WHEREAS, it will also be necessary to allow for the experienced and skilled Bayfield
County Income Maintenance workers that are already part of the NIMC to voluntarily
increase their work hours to 40 per week instead of the usual 37.5 hours for as long as
necessary to successfully complete this services transition; and
WHEREAS, Bayfield County, has hired three (3) limited-term Income Maintenance
employees to assist in meeting the anticipated workload and will increase hours for those
existing interested employees; and
WHEREAS, the State PPACA allocation will cover the employment costs of new
employees and the cost of the additional hours for existing employees; and
WHEREAS, an adjustment to the Department of Human Services 2013 budget is
necessary to satisfy state statutes and generally accepted accounting principles; and
WHEREAS, the increase in the Department of Human Services 2013 budget is
$63,000; and
WHEREAS, no additional county revenue is required to make this increase to the
Department of Human Services 2013 budget.
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NOW, THEREFORE, BE IT RESOLVED, that the Bayfield County Board of
Supervisors assembled this 27th day of August, 2013, approves of the following budget line
adjustments to be made:
Passed the 27th day of August 22, 2013 by the Human Services Board 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 Bussey/Crandall to adopt Bayfield County Resolution No.
2013-40 2013 Department of Human Services Budget Adjustment #1, Patient
Protection and Affordability Act (PPAC) Hiring. A roll call took place as follows:
Jardine-yes; Maki-yes; Kittleson-yes; Bennett-yes; Pocernich-yes; Schultz-yes;
Williams-yes; Bichanich-yes; Miller-yes; Crandall-yes; Rondeau-yes; Meyers-absent;
Bussey-yes. Total: 13, 12 yes, 0 no, 1 absent. The motion carried.
6. Discussion and Possible Action Regarding Northern Lights Letter of
Credit for 2013/2014. Jennifer Augustine, Executive Director of Northern Lights, was
present to explain the purpose of the Letter of Credit. Bayfield County, in the past,
agreed to secure two lines of credit for the Northern Lights. Augustine stated she is
here this evening to again ask for continued support from the County requesting an
extension of the line of credit for $200,000 and for the unemployment reserve of
$72,000, both of which we gave last year. It is her anticipated hope that she won’t be
back next year as the nursing home is turning around. The Board asked questions of
Augustine regarding the nursing home’s operations and she reported that her manager has
gone after delinquent accounts and the cash flow is improving. She also stated that in
June, the nursing actually made money, July they broke even, and now again in August, the
cash flow is improving. Discussion also took place on the census and how many beds the
Account Number Description Adjustments
Expenditure Adjustments
235-54-54410-50121 PPACA, IM Salary $49,500
235-54-54410-50225 PPACA, Telephone $950
235-54-54410-50310 PPACA, Office Supplies $1,280
235-54-54410-50810 PPACA, Capital Equipment $3,570
235-54-54410-50198 PPACA, AMSO $7,700
Total Increase to Expenditures $63,000
Revenue Adjustments
235-50-43560-104 PPACA, St/Fed $63,000
Total Increase to Revenues $63,000
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nursing home now has. A motion was made by Jardine/Schultz to approve the Line of
Credit and Letter of Credit for Northern Lights, and that Dan Anderson be
authrorized to sign on behalf of Bayfield County. A roll call vote was taken as
follows: Maki-yes; Kittleson-yes; Bennett-yes; Pocernich-yes; Schultz-yes;
Williams-yes; Bichanich-yes; Miller-yes; Crandall-yes; Rondeau-yes; Meyers-absent;
Bussey-yes; Jardine-yes. Total: 13, 12 yes, 0 no, 1 absent. The motion carried.
7. Discussion and Possible Action Regarding Library Committee Appointment
of Bill Sloan. Abeles-Allison explained that Bill Sloan was recommended to represent
Northern Waters on the Bayfield County Library Committee. Mr. Sloan is from the Town
of Bell area, presently serving as the Town Chairman. A motion was made by
Kittleson/Rondeau to appoint Bill Sloan to the Bayfield County Library Committee.
The motion carried.
8. Bayfield County Resolution No. 2013-39, 2013 Health Department
Budget Adjustment for Breastfeeding Peer Counselor Grant. Health Director, Terri
Kramolis couldn’t be here this evening and Abeles-Allison explained the resolution on her
behalf. Kramolis would like to use the 2012 funds to 2013. These funds are dedicated
specifically for this grant. The Health Board has met and approved the Resolution. The
Board dispensed with the reading of the Resolution, which reads as follows:
2013 Health Department Budget Adjustment Breastfeeding Peer Counselor Grant
WHEREAS, There was uncertainty as to whether there would be funding for the
2013 Breastfeeding Peer Counselor program, and
WHEREAS, The State of Wisconsin had sufficient funds remaining from 2012 to
minimally fund each project in 2013, and
WHEREAS, The program has now been fully funded, and
WHEREAS, An adjustment is necessary to account for this increase in funding.
NOW, THEREFORE, BE IT RESOLVED, that the Bayfield County Board of
Supervisors assembled this 27th day of August, 2013 amends the 2013 budget by
increasing revenue account number 100-20-43550-014 by $8,546 and increasing expense
account number 100-20-54124 by $8,546.
Passed by the Health Department Board on August 19, 2013 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 Rondeau/Schultz to adopt Bayfield County Resolution
No. 2013-39, 2013 Health Department Budget Adjustment for Breastfeeding Peer
Counselor Grant. A roll call vote was taken as follows: Kittleson-yes; Bennett-yes;
Pocernich-yes; Schultz-yes; Williams-yes; Bichanich-yes; Miller-yes; Crandall-yes;
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Rondeau-yes; Meyers-absent; Bussey-yes; Jardine-yes; Maki-yes. Total: 13, 12
yes, 0 no, 1 absent. The motion carried.
9. Bayfield County Resolution No. 2013-41, Request to Amend the Bayfield
County Land & Water Conservation 2013 Budget New Grant Funds NCWMA
Educational Project WMA13-0001. Abeles-Allison explained the Resolution. This has
been to the Land & Water Conservation Committee and approved. The Board dispensed
with the reading of the Resolution, which reads as follows:
Bayfield County Land & Water Conservation
2013 Budget New Grant Funds NCWMA Educational Project WMA13-0001
WHEREAS, the Bayfield County Land & Water Conservation Department requests
that their 2013 budget be amended as follows to reflect actual amounts at the beginning
of the year through the Grant(s), Cost-Share and Cooperative Agreement(s);
WHEREAS, amendment to our 2013 budget is requested to reflect our actual
beginning balances versus what was projected earlier in 2012. The Net Total of the
Revenue/Expense amendment is $14,000. This is a result of the addition of new grant
funds NCWMA Education Project (WMA13-0001) and the timing it was received.
NOW, THEREFORE, BE IT RESOLVED, that the Bayfield County Board of
Supervisors assembled this 27th day of August, 2013 approves the following budget
amendment to reflect Grant(s) WMA13-0001:
REVENUE:
Increase revenue account 100-28-43580-006 by $14,000.00
EXPENSE:
Increase expense account 100-28-56143-50290 by $3,832.00
Increase expense account 100-28-56143-50313 by $709.00
Increase expense account 100-28-56143-50340 by $1,460.00
Increase expense account 100-28-56143-50530 by $8,000.00
By Action of the
Bayfield County Board of Supervisors
Shawn W. Miller, Chairman
A motion was made by Pocernich/Bichanich to adopt Bayfield County Resolution
No. 2013-41, Request to Amend the Bayfield County Land & Water Conservation
2013 Budget New Grant Funds NCWMA Educational Project WMA13-0001. A roll
call vote was taken as follows: Bennett-yes; Pocernich-yes; Schultz-yes; Williams-
yes; Bichanich-yes; Miller-yes; Crandall-yes; Rondeau-yes; Meyers-absent; Bussey-
yes; Jardine-yes; Maki-yes; Kittleson-yes. Total: 13, 12 yes, 0 no, 1 absent.
The motion carried.
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10. Bayfield County Amendatory Ordinance No. 2013-15, Amending Chapter
3 of Title 10, Section 1, Chapter 3, Code of Ordinances, Bayfield County, WI
Regarding All-Terrain Vehicles and Off-Road Motor Vehicle Operation. Abeles-Allison
explained that this Ordinance amendment provides for all terrain vehicles on County
highways. What is being added are the last 2 items on the Amendatory Ordinance, #9, -
CTHF (USH 2 to STH 63) and #10, CTHE (USH 2 to Keystone Road). Supervisor Bichanich
stated that this has Amendatory Ordinance has gone to the Town of Keystone Board and it
was approved. The Bayfield County Highway Department approved it as well.
A motion was made by Rondeau/Crandall to suspend the rules to allow Mr.
Koleski and Mr. Nemec to speak to the Board as requested in public comment. The
motion carried.
Mr. Koleski stated that if CTH E (USH E 2 to Keystone Road) were opened up it
would open up the area that the US Forest Service presently has blocked with a berm
preventing access to US2. This would allow for a short cut. Regarding CTH F (USH 2 to
STH 63), presently there is no access. If this were opened up you wouldn’t have to go all
the way around to Delta.
Mr. Nemec also spoke regarding STH 63, stating that this will provide access to
business in Benoit. He also mentioned that the US Forest Service will not work with them
at all regarding opening up trails. It is very important to keep 63 corridor trails up and
running.
The Board dispensed with the reading of the Ordinance, which reads as follows:
An Ordinance Amending Chapter 3 of Title 10, Section 1, Chapter 3,
Code of Ordinances, Bayfield County, WI and Regarding All-Terrain Vehicle Routes
WHEREAS, Wisconsin Statutes § 59.02 gives the board of each county the
authority to enact ordinances by a majority vote of a quorum; and
WHEREAS, Wisconsin Statutes § 23.33 (11) (am) specifically provides that a
county may enact an ordinance in conformity with Sec. 23.33, Wis. Stats.; and
WHEREAS, NR 64.12, Wisconsin Administrative Code provides that an all-terrain
vehicle route may be established by a county by adopting an ordinance designating a state
trunk highway or connecting highway as an all-terrain vehicle route, if the department of
transportation approves of the route; and
WHEREAS, it is deemed in the best interest of the County of Bayfield to amend
Chapter 3 of Title 10, Code of Ordinances, Bayfield County to identify and regulate all-
terrain vehicle routes in the county.
NOW, THEREFORE, BE IT RESOLVED, the Bayfield County Board of Supervisors
assembled this 27th day of August, 2013, does hereby ordain as follows:
Section 1. Chapter 3 [All-Terrain Vehicles and Off-Road Motor Vehicle Operation] of
Title 10 [Motor Vehicles & Traffic] of the Code of Ordinances, Bayfield County, Wisconsin
is hereby repealed and recreated to read as follows:
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Chapter 3: All-Terrain Vehicles and Off-Road Motor Vehicle Operation.
Sec. 10-3-10 Designated Routes. The following routes are designated all-
terrain vehicles routes in Bayfield County:
1. CTH H (Scenic Drive to Finger Lake Road) 792’ – (original ordinance existing)
2. CTH N (Hiatt Road to Longview Road) 2.26 miles
3. CTH N (Barnes Town Hall to Robinson Lake Road) 0.44 mile
4. CTH D (Birch Bend Road to Namakagon Chief) 0.23 mile
5. CTH C (Siskiwit Lake Road to Mountain Road) 0.51 mile
(Siskiwit Falls Road to Huron Avenue) 0.21 mile
6. CTH E (Sutherland to STH 63) 1.19 miles
7. CTH N (Pease Road to CTH A) 0.50 mile
8. CTH A (CTH N to Kickapoo Trail) 0.25 miles
9. CTH F (USH 2 to STH 63)
10. CTH E (USH 2 to Keystone Road)
Section 2. SEVERABILITY. Should any sub-section, clause, or provision of this
ordinance be declared by the Court to be invalid, the same shall not affect the validity of
the section as a whole or any part thereof, other than the part so declared to be invalid.
Section 3. EFFECTIVE DATE. This ordinance becomes effective immediately upon
approval of the Bayfield County Board of Supervisors.
By Action of the
BAYFIELD COUNTY BOARD OF SUPERVISORS
Attested to by:
Shawn W. Miller, Bayfield County Chair
A motion was made by Jardine/Williams to adopt Bayfield County Amendatory
Ordinance No. 2013-15, Amending Chapter 3 of Title 10, Section 1, Chapter 3,
Code of Ordinances, Bayfield County, WI Regarding All-Terrain Vehicles and Off-
Road Motor Vehicle Operation. Discussion took place that this passed at the Highway
Committee on a vote 4 to 1. Discussion on what the County could do regarding issues with
the Forest Service. It was also mentioned that these roads are only for ATV and UTV
usage, not for snowmobiles. The motion carried.
11. Bayfield County Amendatory Ordinance 2013-16 Creating Section 2-2-8
of Chapter 2 of Title 1, Code of Ordinances, Bayfield County, Wisconsin; Placing
Items on the County Board Agenda. Abeles-Allison explained that the Executive
Committee wanted something more clear that was presently on the book to putting items
on the County Board Agenda. Corporation Counsel drafted the ordinance in front of you
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and it is here for full Board approval. Discussion took place on the process itself, which
was felt that the timeline would delay items even further out. Discussion to rewrite the
Ordinance differently took place as well as the fact that this is at least something for the
Board to go by in the future. It isn’t perfect, but we are relying on our County Board
Chair to make good judgments to place our items on the agenda. The Board dispensed with
the reading of the Ordinance, which reads as follows:
An Ordinance Creating Section 2-2-8 of Chapter 2 of Title 1, Code of Ordinances,
Bayfield County, Wisconsin Regarding Placing Items on the County Board Agenda
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
WHEREAS, it is deemed in the best interest of the County of Bayfield create
Section 2-2-8 of Chapter 2 of Title 1, Code of Ordinances, Bayfield County to provide a
procedure for Supervisors to have items placed on the Board agenda.
NOW, THEREFORE, BE IT RESOLVED, that the Bayfield County Board of
Supervisors does hereby ordain as follows:
Section 1. Section 2-2-8 [Board Agenda.] Chapter 2 [Rules of the Board of
Supervisors] of Title 1 [Government and Administration] of the Code of Ordinances,
Bayfield County, Wisconsin is hereby created to read as follows:
Chapter 2: Rules of the Board of Supervisors.
Sec. 2-2-8 Board Agenda. Any supervisor may make a request to the County
Board Chair that an item be placed on the County Board agenda. If the County Board Chair
denies this request, the supervisor may request that the County Clerk or Administrator
include on the next agenda a motion for the item to be placed on the agenda for the
following County Board meeting. Agenda requests are made 10 days before the meeting. If
the motion passes by a majority vote, the item shall be placed on the agenda for the next
County Board meeting. The supervisor who made the motion to place the item on the next
agenda shall submit the item, if approved by a majority vote, to the County Administrator
or County Clerk in a timely manner so that it may be included on the next Board agenda and
so that relevant information pertaining to the motion can be provided to other Board
members by the Board Chair, County Administrator or County Clerk.
Section 2. SEVERABILITY. Should any sub-section, clause, or provision of this
ordinance be declared by the Court to be invalid, the same shall not affect the validity of
the section as a whole or any part thereof, other than the part so declared to be invalid.
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Section 3. EFFECTIVE DATE. This ordinance becomes effective immediately
upon approval of the Bayfield County Board of Supervisors.
Dated this 27th day of August, 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/Kittleson to adopt Bayfield County Amendatory
Ordinance No. 2013-16 Creating Section 2-2-8 of Chapter 2 of Title 1, Code of
Ordinances, Bayfield County, Wisconsin; Placing Items on the County Board Agenda.
Discussion took place about the 2 month delay and then to the fact that how many times
does something actually happen. This should be given some weight and make the decision
that is best for the County. Discussion also that the Board couldn’t believe the Chairman
has this much authority. The motion carried with one opposition.
12. A motion was made by Crandall/Rondeau to move into Executive/Closed
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 (e) deliberating or negotiating the
purchasing of public properties, the investing of public funds, or conducting other
specified public business, whenever competitive or bargaining reasons require a closed
session
The Board took a recess at 7:03 returning at 7:10.
A motion was made by Crandall/Rondeau to move out of closed session. The
motion carried.
13. Administrator’s Report:
a) WCA Conference. An update was given on the WCA Conference. If
you haven’t signed up yet, don’t forget to do so.
b) September/October County Board Meetings. Due to the WCA
Conference being held at the same time the September County Board
meeting is sscheduled for, we are suggesting that we change the
September meeting to the following Tuesday, October 1st. We then
would still have the October meeting on the 29th. The Board was in
agreement with the date change.
c) 2014 Budget Update. The Executive Committee will start its 2014
budget planning meetings on September 12th . The budget books
should also be out at this time. Once the budget has been finalized
and approved, it will be published in the newspaper hopefully in
October.
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14. Supervisors’ Reports:
a) Discussion on Wolf Control in Bayfield County. Supervisor Jardine
asked to have this placed on the agenda for discussion and hopeful
action. He stated that 3 years ago, the Board adopted a Resolution
regarding the Federal Delisting of Wolves. The proposed Resolution
in front of you this evening is what he would like placed on next
month’s agenda which is in regard to keeping the wolf population to
that of 350 or less. This recommendation is from the Wisconsin
Conservation Congress and people who support this count. Discussion
turned to the wolf attack on the young boy in Minnesota just this
past week. The Resolution will be place on the October 1st agenda.
b) Northern Bridges Update. Supervisor Kittleson reported that
Northern Bridges will become dissolved as of January 1, 2014 and a
new organization has taken it over. She will give a more information
on this at the next meeting.
There being no further business to come before the Bayfield County Board of
Supervisors, Chairman Miller adjourned at 8:05.
Respectfully submitted,
Scott S. Fibert,
Bayfield County Clerk
SSF/dmb