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HomeMy WebLinkAboutCounty Board of Supervisors - Minutes - 5/27/2014 70 Minutes of the Bayfield County Board of Supervisors’ Meeting Of May 27, 2014 – 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 Pocernich at 6:00 p.m. Roll call was taken by County Clerk, Scott Fibert as follows: Maki-present; Kittleson-present; Bennett-present; Pocernich-present; Strand-present; Williams-present; Bichanich-present; Miller-present; Crandall-present; Rondeau-present; Meyers-present; Bussey-present; Jardine-present. Total: 13, 13 present. A quorum of board members was present. The following individuals were also present for the meeting: Mark Abeles-Allison, County Administrator; Dawn M. Bellile, Deputy County Clerk; Jan Victorson, Emergency Mgmt. Coordinator; Terri Kramolis, Health Director; Mary Motiff, Tourism Director; Rob Schierman, Zoning Administrator; Bonnie Chivers, Child Support Director; Ben Dufford , County Conservationist; Jason Fischbach, UW-Ext Ag Agent; Kay Cederberg, Clerk of Circuit Court; Scott Kluver, City of Washburn Administrator, other Bayfield County residents. The Pledge of Allegiance was recited by all in attendance. 1. Motion Regarding Minutes from the April 15 and May 13, 2014 Bayfield County Board of Supervisors’ Meeting. The Board dispensed with the reading of the minutes. The minutes are published on the County’s website for public review. A motion was made by Rondeau/Bennett to adopt the minutes of the April 15, 2014 Bayfield County Board of Supervisors’ Meeting as presented. The motion carried. MMB Rondeau/Jardine to adopt the minutes of the May 13, 2014 Bayfield County Board of Supervisors’ Meeting as presented. The motion carried. 2. Public Comment: Chair Pocernich invited anyone from the public who wanted to speak to come forth, sign in and state their name and address. Neil Schultz, Town of Delta, spoke regarding the Bayfield County budget survey. He reflected back to the May 7th County Board budget meeting of last year. He passed out a copy of meeting for everyone’s review and read the agenda. He stated that the same questions are on the agenda and they are still valuable today. The problem is that these questions were never discussed at a meeting. They were never amplified. It would be good to emphasize these topics. He further stated that no one appreciates the abilities of our administrator more than himself. Abeles-Allison does not take offense if someone has an opinion if it is opposite of his. When you get into budget you have to start questioning. You have to look out for wasteful spending. Biggest responsibility the County Board has is the budget and it is important not waste taxpayers’ money. Beau Belanger, Barksdale. Spoke on item #12 of the agenda which is “Discussion and Possible Action Regarding Ag Station Lease and/or Sale and Survey of Sections.” Belanger stated that he submitted an RFP for the Ag Station back in March. His concern is how the RFP’s were received and that he hoped that the committees here will reach out to those individuals and learn more about their specific proposals as well. He has had a 71 favorable recommendation for what he would like to do, but is hoping that this is being given to others who have also submitted RFPs. There was no further public comment. 3. Introduction of Dane Deutsch, Republican Candidate Running for the 25th Senate District. Deutsch thanked the Board for allowing him a few minutes to speak with them and to share his background with them. He has put on much mileage extending from St. Croix to Vilas County into Hurley. He stated we need leaders to get together to get things done. We need someone genuine, authentic, and once we can trust and he feels he fills those shoes. We need to be able to trust on how we can build our communities. He further stated he is a father of 4 grown children, a grandfather, teacher, coach, and small business person. He is also an Air Force Veteran. He lives in the Rice Lake area after having lived in the Minneapolis/St. Paul area. 4. Discussion and Possible Action Regarding Memorial Medical Center Conduit Bond Project; Setting of Public Hearing for July 1, 2014. Abeles-Allison introduced Tom Mayfield and Karen Hansen who are here to give an overview of Cancer Unit that will be built at Memorial Medical Center. Hansen stated that work on this project has been in progress for more than 3 years. She said it is time to move a center such as this to our region. Presently we have approximately 100 patients from this area that drive to Duluth to receive radiation treatments and approximately 300 patients that receive some sort of infusion treatments from our area. Hansen further stated that some patients who need radiation everyday are choosing not to receive it because of the burden of driving to Duluth every day. We have a need a facility in our area for this reason. Questions were then asked of Karen, who in turn directed them to Tom Mayfield. Mayfield spoke stating that if everything goes according to plan, the center should open January of 2016. This is the first step. A Resolution that declares Bayfield County’s willingness to move forward with Memorial Medical Center. The clinic will be completely reworked and constructed to accommodate this type of facility in the approximate amount of $18 million dollars; keeping in mind that radiation therapy alone runs in the approximate amount of $5 million; so much of the price will be for the equipment. MMC and Essentia are also bringing cash to the table to make this happen. Mayfield then explained the bonding process and how Bayfield County has done this type of bonding in the past with MMC when they did their last expansion. There isn’t a risk to this, we aren’t asking you to pay anything – this is just a preliminary formal step. Right now we are asking you to agree to that first step. Discussion took place amongst Mayfield, Hansen and the Board members with Board members agreeing that this is a much needed facility for our area. A motion was made by Rondeau/Meyers to hold a Public Hearing on July 1, 2014 to discuss this. A brief discussion took place. The motion carried. Mayfield and Hansen thanked the Board for their time. 72 5. Presentation of Child Support Annual Report. Bonnie Chivers, Child Support Director, was present to briefly go over her report with the Board. Chivers stated that 2013 was an awesome. Bayfield County received an outstanding achievement award, the first one we have had since 2010. Bayfield County received approximately $17,800 in revenue in 2013. In collections, we brought in over $2 million and this all went to the families that are due the support. Performance levels are the same as last year. The State has fully funded the Child Support office for 2014 and 2015. Chivers is projecting that her department’s budget will not have to be incorporated into the County’s budget at all this year and will be covered by the State. A big achievement for department in performance was that they exceeded the past due amount by more collecting more than 50% from last year. Past due is not only to the families but also monies that are owed to the State. You have all had a chance to review her report, and she just wanted to further touch base. Supervisor Maki thanked Chivers for bringing us this report and explaining it to us. Crandall also stated, he appreciated the update. Public awareness is going to be given top priority to make the public aware of what is available to them. Supervisors Meyers and Miller also thanked her for her time and her dedication. You are doing a great job! A motion was made by Meyers/Maki to receive and place on file the Child Support Annual Report. The motion carried. . 6. Presentation of UW-Extension Highlights 2013 Annual Report. Jason Fischbach, UW-Ext. Ag Agent, was present to share with the Board the department’s highlights over the year. Fischbach passed out a copy of the report for the Board to review as he went over it. He stated that the report is organized by program within the UW-Extension office and he explained what each of them did and who oversees their work. Fischbach also stated that the partnership between the County and the State is 60/40%. A brief discussion took place. A motion was made by Rondeau/Kittleson to receive and place on file the UW-Extension Highlights 2013 Annual Report. The motion carried. 7. Bayfield County Resolution No. 2014-26, Budget Amendment for Bayfield County Fairgrounds Pavilion. Motiff was present to explain the project to the Board. The Fair Committee has a capital improvement item in the budget for the purpose of a pavilion. A test run was done last year with tent in the approximate size that we wanted the building to be. We felt the size was too small and thought it should be a bit larger. The size increase then made construction costs significantly higher than originally anticipated. The Fair Committee has approved the construction of the facility with the increase and is recommending to the full Board for their approval. The use of Fund Balance money will be necessary to pay for the construction of the facility. A motion was made by Miller/Bichanich to approve any additional funds needed for the construction of the pavilion to come out of funds from the Fund Balance. Discussion on how the fair is for the kids and it seems as though we are making arrangements and spending more time on accommodations for the adults to drink their beer and then in turn stressing about 73 the justice system is overwhelmed with OWI’s. It seems like we are defeating our purposes. WHEREAS, $14,000 was budgeted in 2014 for the construction of a pavilion at the Bayfield County Fairgrounds; WHEREAS, it was determined that the size of the pavilion originally planned needed to be increased and proposals for the construction were significantly higher than originally anticipated; WHEREAS, the County Fair Committee recommends the construction of this facility; WHEREAS, the County Executive Committee met on May 8 to review the proposed budget amendment and recommends approval; WHEREAS, the use of fund balance will be necessary to pay for the construction of this facility. NOW, THEREFORE, BE IT RESOLVED, that the Bayfield County Board of Supervisors, meeting this 27th day of May, 2014 approve the following budget amendment for construction of a pavilion at the Bayfield County Fairgrounds: Increase Revenues: 430-00-49301 Fund Balance Applied $20,560 Increase Expenses: 430-23-57100-50820-100 Capital Projects $20,560 By Action of the Bayfield County Board of Supervisors Dennis M. Pocernich, Chairman A roll call vote was taken as follows: Kittleson-yes; Bennett-yes; Pocernich-yes; Strand-yes; Williams-yes; Bichanich-yes; Miller-yes; Crandall-yes; Rondeau-yes; Meyers-yes; Bussey-yes; Jardine-yes; Maki-yes. Total: 13, 13 yes, 0 no. The motion carried. 8. Discussion and Possible Action Regarding Revision of Bayfield County Mission Statement: “To provide government services in an accessible, transparent, and cost effective manner to our citizens.” Tim Kane, UW-Extension Community Resource Agent, explained how Department Heads and the Executive Committee revisited Bayfield County’s current mission statement and have modifications for hopeful approval by the County Board. A motion was made by Strand/Jardine to approve the mission statement which reads as follows: “To provide government services in an accessible, transparent, and cost effective manner to our citizens.” Discussion took place. The motion carried. 9. Discussion and Possible Action Regarding Ag Station Lease and/or Sale and Survey of Sections. Abeles-Allison spoke regarding this item giving a brief background on how Bayfield County acquired the entire Ag Station and property. In July of 2009, the Board approved a lease for a 5-year term to the AERC which included 74 acreage as well as the rental of 2 houses and numerous out-buildings. Over the past few years, Bayfield County has sold off a parcel to the Town of Eileen, a parcel to Superior Saunas and to an adjacent property owner for access to his property. This coming July 31st the lease to AERC comes to an end. It was decided to extend the lease to them for another 90 days to AERC because of the growing season. We are now in a position to decide what to do with additional acreage of about 250 acres. A number of proposals have been received, however, after reviewing all of them, all of the RFP’s were rejected. The return to the County wasn’t what they had hoped for. Most were continuing status quo versus producing something at the facility such as new jobs. The Executive Committee talked about different ideas for the property and Abeles-Allison elaborated on them; (1) It is highly recommended that a survey be done recommending master plan and a topographical map whether we sell it or keep it. This type of plan is critical. (2) The County has received a proposal Beau Belanger to use a building for drying and leasing 7 acres of land for growing hops. The 2nd building would be converted into a malting facility that would allow him to malt his own barley instead of exporting it for processing to Thunder Bay, Canada. The Executive Committee wanted to get the Board’s feeling on what to do with the property before they proceed any further; they want some sort of consensus of what to do with the property; i.e., sell, or something else; they don’t want to make that decision on their own. The Board discussed the matter. Supervisor Crandall started discussion stating the County doesn’t have to hurry to sell the property as there isn’t a need to do so. We still have the bio-mass project going. Belanger’s hops are growing and will need processing. Supervisor Bichanich mentioned the survey and plan and would there be a cost for this if our Land Records department was preparing it. The only fee would be on the part of the Surveyor as he isn’t a county employee. Supervisor Bussey stated that there is no reason to rush to sell the property and it could have some valuable use in the future. He is in favor, however, of negotiating with Belanger along the lines of his proposal. He felt the Executive Committee could negotiate with Belanger and bring it back to the Board for full approval. Supervisor Strand, being a new member, wanted to know why we would sell it, what is the advantage. Supervisor Jardine, likes the area of the 40 acres for business park, but sell the rest of it. A motion was made by Meyers/Crandall to suspend the rules to allow Scott Kluver, President of Bayfield County Economic Development Corp. to speak to the County Board. The motion carried. Kluver spoke on behalf of the BCEDC and APEC which suggested that they wanted Bayfield County to keep the land for as long as they could of the entire program. If you do desire to sell the property, both organizations asked that any monies obtained through this be put back into new infrastructure. Further discussion took place on the intent of the property, which was to be agriculture; it is prime real estate in Bayfield County’s name. Kluver was asked to speak regarding the utilities being brought out to the land. He stated that Scottie Sandstrom is working with the necessary utility companies. Superior Saunas and Ashland Ford would be in favor of extending natural gas to them. Further discussion took place. 75 A motion was made by Bussey/Williams to direct the Executive Committee to negotiate with Beau Belanger for the lease of the property he is interested in and to come back to the Board for their decision. Discussion took place regarding the length of the lease and it was stated that the Executive Committee can work out the details with Belanger if something longer is wanted. A motion was made by Crandall/Kittleson to suspend the rules to allow Jason Fischbach to speak to the County Board. The motion carried. Fischbach stated he was in support of Belanger’s project. He himself locally stores high quality malt and offering an opportunity for malting here is a great for our area and small brewer in the region. Engineers have come from UW-Madison to view the facility. This is one of the better opportunities that has been given for the property. Fischbach also passed out a pamphlet entitled “Exploring the Potential of Woody Biomass Crops for Northern Wisconsin.” He invited the Board to come out and see the property to get an accurate visual of the property. The Board discussed touring the Ag Station and also the Hyde Tower. The Board also discussed the fact that they want to know why all of the RFP’s were rejected. A motion was made by Maki/Miller to send the matter of the RFP’s back to the Executive Committee for further discussion and recommendation on which direction the Board should go. Discussion took place regarding the possibility of having a tour of the facility before making any decisions on the property. Supervisor Strand encouraged Abeles-Allison and Tim Kane to organize a tour of anyone who could attend. The motion carried. 10. Discussion and Possible Action Regarding 2014 World Paralympics Contribution in the amount of $5,000 from the Contingency Fund. Supervisor Rondeau reported that Abeles-Allison has information from the Cable Chamber of Commerce to share. While Abeles-Allison obtained this information the Board took a 10 minute recess at 7:20 pm. Back in session at 7:30 pm, Abeles-Allison put the letter up on the screen from the Cable Chamber for everyone to read. The letter stated that NBC Europe has agreed to sponsor one-half hour of highlights in Germany and from NBC from stateside. This brings the championships to a whole new level. Rondeau explained that everywhere you see the words “Sochi” on advertising, etc., you will see “Cable.” Athletes attending have all been guaranteed VISAS for attending. This is a once in a lifetime event that we have the opportunity to be lead in and promote. It is too bad that it isn’t in the middle of the county. We pushed for it but it didn’t happen. This event is for 12-14 days. All of the lodging facilities in Cable will be used by the athletes. If we get people here with worldwide recognition, it will have a huge impact on this area. Supervisor Rondeau is asking the Board to reconsider their contribution of $5,000 to $10,000 for sponsorship and another $10,000 for promotion, which the State of Wisconsin will match. A motion was made by Bussey/Meyers to suspend the rules to allow Mary Motiff, Tourism Director to speak to the Board. The motion carried. 76 Motiff reported that the scale and complexity are unprecedented for Bayfield County. We have had big events in Bayfield County, but nothing compares to this. This is the state and nation invested event. State has invested in the promotion and fee that applies. An investment of this magnitude compares to that with which the State invests which is 6 to 1 with marketing in tourism. We need to put on a good show. Discussed the legality it may imply to other organizations; will it set a precedent if we invest in this venture and not others. If another Olympic opportunity comes to our area, yes, but this is still up to the board to set a policy on this. A motion was made by Jardine/Kittleson to suspend the rules to allow Jan Victorson to speak to the Board. The motion carried. Victorson wanted the Board to keep in mind that with bigger events there is a need for more security and additional expenses. She used the scenario of the Ice Caves this past winter and how many people we had attending this. It takes the few resources that we do have to maintain what we need to cover, but an event such as this, we need to realize that there will definitely be additional expenses needed as it relates to emergency services, i.e., police, ambulance, fire, etc.; additional personnel may be required. A motion was made by Rondeau/Miller to issue to the World Paralympic Committee $20,000 from the Fund Balance Account. Discussion took place that the agenda states that we are to contribute $5,000. An amendment to the motion was then made by Bussey/Meyers to amend the motion to donate $5,000 for promotional purposes out of the Contingency Fund. Discussion took place to do this now and donate more at a later time if that was the desire of the Board. Supervisor Rondeau asked that this item be placed on the July 1st County Board Agenda for further discussion. Rondeau also stated that the Olympic Committee would like all of the money upfront so they know how much they have to work with rather than having it dwindle in. A roll call vote was taken as follows: Bennett-yes; Pocernich-yes; Strand-yes; Williams-yes; Bichanich- yes; Miller-yes; Crandall-yes; Rondeau-yes; Meyers-yes; Bussey-yes; Jardine-yes; Maki-yes; Kittleson-yes. Total: 13, 13 yes, 0 no. The motion carried. Next the Board voted on the amended main motion, to donate $5,000 for promotional purposes out of the Contingency Fund. A roll call vote was taken as follows: Pocernich-yes; Strand-yes; Williams-yes; Bichanich-yes; Miller-yes; Crandall-yes; Rondeau-yes; Meyers-yes; Bussey-yes; Jardine-yes; Maki-yes; Kittleson-yes; Bennett-yes. Total: 13, 13 yes, 0 no. The motion carried. This will go back to the Executive Committee for further review and recommendation back to the Board. 11. Bayfield County Resolution No. 2014-15 through 2015-25, Request to Amend the Bayfield County Land and Water Conservation 2014 Budget. Ben Dufford, County Conservationist, thanked the Board for moving him up on the agenda. He explained that all of his departments’ resolutions were 100% reimbursable, and there is a revenue for an expense in each of the budget items, however, each grant is receiving additional funding, and his budget needs to be adjusted accordingly. The Board dispensed with the reading of Resolutions 2014-15 through 2014-25, which are as follows in their entirety: 77 No. 2014-15 Request to Amend the Bayfield County Land & Water Conservation 2014 Budget WHEREAS, the Bayfield County Land & Water Conservation Department requests their 2014 budget be amended as follows to reflect actual amounts through the WI Department of Agriculture, Trade and Consumer Protection Cost-Sharing Grant(s); WHEREAS, adjustment to our FY2014 budget is requested to reflect the actual beginning balance versus what was projected earlier in 2013. The Net Total of the Revenue/Expense amendment is $10,050.00, the amount of unspent FY2013 year expenditures carried over to 2014; NOW, THEREFORE, BE IT RESOLVED, that the Bayfield County Board of Supervisors, meeting this May 27, 2014, approve the following budget amendments to reflect DATCP Cost-Share Grant actuals: REVENUE: Increase revenue account 100-28-43589 by $10,050.00 EXPENSE: Increase expense account 100-28-56101-50291 by $10,050.00 (Bonding/SEG Funds 2013 C/O) By Action of the Bayfield County Board of Supervisors Dennis M. Pocernich, Chairman No. 2014-16 Request to Amend the Bayfield County Land & Water Conservation 2014 Budget WHEREAS, the Bayfield County Land & Water Conservation Department requests their 2014 budget be amended as follows to reflect actual amounts through the Cooperative Agreement between Northland College and Bayfield County LWCD for watershed restoration services described within 2011 GLRI Grant (#GL-00E00820-0); WHEREAS, adjustment to our FY2014 budget is requested to reflect the actual beginning balance versus what was projected earlier in 2013. The Net Total of the Revenue/Expense amendment is $14,790.00, the amount of unspent FY2013 year expenditures carried over to 2014; NOW, THEREFORE, BE IT RESOLVED, that the Bayfield County Board of Supervisors, meeting this May 27, 2014 approve the following budget amendments to reflect Cooperative Agreement actuals: REVENUE: Increase revenue account 100-28-46825 by $14,790 EXPENSE: Increase expense account 100-28-56101-50290 by $14,790 (GLRI – NC Agmt) 78 By Action of the Bayfield County Board of Supervisors Dennis M. Pocernich, Chairman No. 2014-17 Request to Amend the Bayfield County Land & Water Conservation 2014 Budget WHEREAS, the Bayfield County Land & Water Conservation Department requests that their 2014 budget be amended as follows to reflect actual amounts through FWS Cooperative Restore and Manage Native Habitat (Agmt #F12AC00703); WHEREAS, award totaling $45,000 for period of performance of August 8, 2012 to October 1, 2016, was received in full as an advance payment in FY2013; WHEREAS, it was thought this project would be completed in 2013, therefore, no amount was budgeted for FY2014; WHEREAS, an adjustment to our FY2014 budget is requested to reflect our actual beginning balance versus what was projected earlier in 2013. The Net Total of the Revenue/Expense amendment is $8,812.00, the amount of the unspent FY2013 year expenditures; NOW, THEREFORE, BE IT RESOLVED, that the Bayfield County Board of Supervisors, meeting this May 27, 2014 approve the following budget amendment to reflect existing & new Grant(s), Cost-Share and Cooperative Agreement(s) actuals: REVENUE: Increase fund balance account 100-00-49301 by $8,812.00 (FWS 703) EXPENSE: Increase expense account 100-28-56103-50290 by $8,812.00 (FWS 703) By Action of the Bayfield County Board of Supervisors Dennis M. Pocernich, Chairman No. 2014-18 Request to Amend the Bayfield County Land & Water Conservation 2014 Budget WHEREAS, the Bayfield County Land & Water Conservation Department requests their 2014 budget be amended as follows to reflect actual amounts through National Fish and Wildlife Foundation (NFWF) Grant 0501:12.032427 (In-channel Large Woody Debris and Riparian Forest Restoration (WI)); WHEREAS, NFWF award totaling $114,200 for period of performance of July 2, 2012 to September 15, 2014, of which $60,000 was received as an advance payment in FY2013, the remaining balance of $54,200 was budgeted for FY2014; WHEREAS, adjustments to our 2014 budget is requested to reflect our actual beginning balance versus what was projected earlier in 2013. The Net Total of the Revenue/Expense amendment is $9,040.00, the amount of unspent 2013 year expenditures carrying over to 2014. 79 NOW, THEREFORE, BE IT RESOLVED, that the Bayfield County Board of Supervisors, meeting this May 27, 2014 approve the following budget amendments to reflect Cooperative Agreement actuals: REVENUE: Increase revenue account 100-28-43272 by $9,040.00. EXPENSE: Increase expense account 100-28-56104-50290 by $9,040.00 (NFWF-FWS 32427 Cont. Serv) By Action of the Bayfield County Board of Supervisors Dennis M. Pocernich, Chairman No. 2014-19 Budget Amendment Resolution to Reflect Federal Award Identifier #F11AC01204 under Blanket Cooperative Agmt. (#30181AJ149) between U.S. Fish and Wildlife Service and Bayfield County LWCD the Partners for Fish & Wildlife 2014 Fish and Wildlife Management Assistance WHEREAS, the Bayfield County Land & Water Conservation Department requests their 2014 budget be amended as follows to reflect actual amount through Blanket Cooperative Agmt. (#30181AJ149) between U.S. Fish and Wildlife Service and Bayfield County LWCD for Partners for Fish & Wildlife 2014 Fish and Wildlife Management Assistance (Fed. Award Identifier #F11AC01204); WHEREAS, the award of this Task Order was received after the FY2014 budget had been approved; NOW, THEREFORE, BE IT RESOLVED, that the Bayfield County Board of Supervisors, meeting this May 27, 2014 approve the following budget amendments to reflect Cooperative Agreement actuals: REVENUE: Increase revenue account 100-28-43274.110 by $12,000.00 EXPENSE: Increase expense account 100-28-56106-50290 by $12,000.00 (FWS AJ149 – Cont. Srvs.) By Action of the Bayfield County Board of Supervisors Dennis M. Pocernich, Chairman No. 2014-20 Request to Amend the Bayfield County Land & Water Conservation 2014 Budget WHEREAS, the Bayfield County Land & Water Conservation Department requests their 2014 budget be amended as follows to reflect actual amounts through the WI DNR Bony Lakewide Restoration & Conservation Project Grant #LPT-316-08.5; 80 WHEREAS, adjustment to our FY2014 budget is requested to reflect the actual beginning balance versus what was projected earlier in 2013. The Net Total of the Revenue/Expense amendment is $13,263.00, the amount of unspent FY2013 year expenditures carried over to 2014; NOW, THEREFORE, BE IT RESOLVED, that the Bayfield County Board of Supervisors, meeting this May 27, 2014 approve the following budget amendments to reflect Cooperative Agreement actuals: REVENUE: Increase revenue account 100-28-43590-102 by $13,263.00 EXPENSE: Increase expense account 100-28-56112-50290 by $13,263.00 (Bony Lake) By Action of the Bayfield County Board of Supervisors Dennis M. Pocernich, Chairman No. 2014-21 Budget Amendment Resolution to Reflect Award of WI DNR Clean Boats Clean Waters (CBCW-100-14) Project for Bayfield County LWCD AIS Control Grant Program WHEREAS, the Bayfield County Land & Water Conservation Department has been awarded a Clean Boats Clean Waters Grant (#CBCW-100-14) from the Wisconsin Department of Natural Resources for the Bayfield County LWCD AIS Program; WHEREAS, the approved FY2014 budget amount was $8,000.00. The award was $16,000.00, resulting in the $8,000.00 increase to the FY2014 budget; WHEREAS, county policy requires that grants received which change the bottom line of a department’s budget must be approved by resolution of the County Board; NOW, THEREFORE, BE IT RESOLVED, that the Bayfield County Board of Supervisors, meeting this May 27, 2014 approve the following budget amendment to reflect new Grant(s) actuals: REVENUE: Increase revenue account 100-28-43590-104 by $8,000.00 EXPENSE: Increase expense account 100-28-56131-50290 by $8,000.00 (CBCW-100-14) By Action of the Bayfield County Board of Supervisors Dennis M. Pocernich, Chairman 81 No. 2014-22 Request to Amend the Bayfield County Land & Water Conservation 2014 Budget WHEREAS, the Bayfield County Land & Water Conservation Department requests their 2014 budget be amended as follows to reflect actual amounts through the USFS/NCWMA Agmt. (10-PA-11091305-016) Modification #4; WHEREAS, adjustment to our FY2014 budget is requested to reflect the actual beginning balance versus what was projected earlier in 2013. The Net Total of the Revenue/Expense amendment is $1,352.00, the amount of unspent FY2013 year expenditures carried over to 2014; NOW, THEREFORE, BE IT RESOLVED, that the Bayfield County Board of Supervisors, meeting this May 27, 2014 approve the following budget amendments to reflect Cooperative Agreement actuals: REVENUE: Increase revenue account 100-28- 43273.001 by $1,352.00 EXPENSE: Reduce expense account 100-28-56140-50122 by $57.00 (USFS-NCWMA #1 – Part Time) Reduce expense account 100-28-56140-50290 by $603.00 (USFS-NCWMA #1 – Cont. Srvs.) Increase expense account 100-28-56140-50332 by $1,889.00 (USFS-NCWMA #1 – Mileage) Increase expense account 100-28-56140-55340 by $123.00 (USFS-NCWMA #1 – Oper. Sup.) By Action of the Bayfield County Board of Supervisors Dennis M. Pocernich, Chairman No. 2014-23 Request to Amend the Bayfield County Land & Water Conservation 2014 Budget WHEREAS, the Bayfield County Land & Water Conservation Department requests that their 2014 budget be amended as follows to reflect actual amounts at the beginning of the year through the Grant(s), for NCWMA RAC Project (Agmt. #11-PA-11091305- 044); WHEREAS, adjustments to our 2014 budget are requested to reflect our actual beginning balance versus what was projected earlier in 2013. The Net Total of the Revenue/Expense amendment is $756.00. This is due to 2013 year expenditures carrying over to 2014. NOW, THEREFORE, BE IT RESOLVED, that the Bayfield County Board of Supervisors, meeting this May 27, 2014 approve the following budget amendments to reflect Grant actuals: Reduce revenue account 100-28-43273-002 by $756.00. Increase expense account 100-28-56141-50122 by $1,730.00 (RAC-NCWMA #2 – Part Time) Reduce expense account 100-28-56141-50290 by $4,020.00 (RAC-NCWMA #2 – Cont Srv) 82 Increase expense account 100-28-56141-50332 by $1,247.00 (RAC-NCWMA #2 – Mileage) Increase expense account 100-28-56141-50340 by $287.00 (RAC-NCWMA #2 – Oper Sup) By Action of the Bayfield County Board of Supervisors Dennis M. Pocernich, Chairman No. 2014-24 Request to Amend the Bayfield County Land & Water Conservation 2014 Budget WHEREAS, the Bayfield County Land & Water Conservation Department requests that their 2014 budget be amended as follows to reflect actual amounts at the beginning of the year through the Grant(s); for the NCWMA WMA13-0001 Education Program. WHEREAS, adjustments to our 2014 budget are requested to reflect our actual beginning balances versus what was projected earlier in 2013. The Net Total of the Revenue/Expense amendment is $1,419.00. This is due to 2013 year expenditures carrying over to 2014. NOW, THEREFORE, BE IT RESOLVED, that the Bayfield County Board of Supervisors, meeting this May 27, 2014 approve the following budget amendments to reflect Grant(s), Cost-Share and Cooperative Agreement(s) actuals: Increase revenue account 100-28-43580-006 by $6,219.00 Reduce revenue account 100-28-48203 by $4,800.00 Reduce expense account 100-28-56143-50290 by $7,257.00 (WMA Educ – Cont Srv) Increase expense account 100-28-56143-50313 by $518.00 (WMA Educ - Printing) Increase expense account 100-28-56143-50340 by $958.00 (WMA Educ – Oper Sup) Increase expense account 100-28-56143-50530 by $7,200.00 (WMA Educ - Rent) By Action of the Bayfield County Board of Supervisors Dennis M. Pocernich, Chairman No. 2014-25 Budget Amendment Resolution to Reflect Award of WI DNR Weed Management Area Grant #WMA14-0001 for Bayfield County LWCD Northwoods Cooperative Weed Management Area Program WHEREAS, the Bayfield County Land & Water Conservation Department has been awarded a Weed Management Area Grant from the Wisconsin Department of Natural Resources for the Bayfield County LWCD NCWMA program (WMA14-0001); WHEREAS, the award of this grant was received after the FY2014 budget had been approved; WHEREAS, county policy requires that grants received which change the bottom line of a department’s budget must be approved by resolution of the County Board; 83 NOW, THEREFORE, BE IT RESOLVED, that the Bayfield County Board of Supervisors, meeting this May 27, 2014 approve the following budget amendment to reflect new Grant(s) actuals: REVENUE: Increase revenue account 100-28-43580-007 by $13,800.00 EXPENSE: Increase expense account 100-28-56144-50290 by $13,800.00 (NCWMA – WMA GM) By Action of the Bayfield County Board of Supervisors Dennis M. Pocernich, Chairman A motion was made by Bichanich/Rondeau to adopt Bayfield County Resolutions 2014-15 through 2014-25. A roll call vote was taken as follows: Strand-yes; Williams-yes; Bichanich-yes; Miller-yes; Crandall-yes; Rondeau-yes; Meyers-yes; Bussey-yes; Jardine-yes; Maki-yes; Kittleson-yes; Bennett-yes; Pocernich-yes. Total: 13, 13 yes, 0 no. The motion carried. 12. Bayfield County Resolution No. 2014-28, Expressing Support for the North Woods and Waters of the St. Croix National Heritage Area. Supervisor Crandall reported that he asked to have this placed on the agenda. The Resolution as presented supports and endorses a market plan endorsed by the National Park Service who provides marketing plans. This will not be government owned. A motion was made by Bussey/Kittleson to adopt Bayfield County Resolution NO. 2014-28, Expressing Support for the North Woods and Waters of the St. Croix National Heritage Area. Discussion took place. The Resolution reads as follows: WHEREAS, the region defined by the St. Croix River and its tributaries is a nationally distinctive landscape with shared stories and traditions that contribute to our nation’s diverse heritage; and WHEREAS, the Heritage Initiative (NHA) has engaged hundreds of residents throughout the region in a multi-year process to explore the possibilities and appro- priateness of designation, and strong public support was expressed for the concept; and WHEREAS, a North Woods and Waters of the St. Croix NHA would create opportunities for communities and residents to work together across traditional boundaries for mutual benefit; and WHEREAS, an NHA would help residents and visitors better understand, appreciate and experience the region’s special stories and places; and WHEREAS, an NHA would help us build a sustainable regional economy using our cultural and natural heritage as a foundation; and 84 WHEREAS, an NHA would foster a sense of regional identity, brand the region, and increase our region’s competitiveness in seeking grants and attracting private investment; and WHEREAS, NHAs have, on average, a five-to-one return on investment and together contribute $12.9 billion annually to the U.S. economy and support 148,000 jobs; and WHEREAS, National Heritage Areas (NHAs) are community-based efforts that are managed by the local leaders and residents that live in them; and WHEREAS, NHAs are living, working landscapes that honor traditional uses and support continued economic activity in the region; and WHEREAS, NHAs do not use program funding to acquire land, have no regulatory authority over zoning or land use, and do not infringe upon private property rights. NOW, THEREFORE, BE IT RESOLVED, that the Bayfield County Board of Supervisors assembled this 27th day of May, 2014, does hereby support Congressional designation for the North Woods and Waters of the St. Croix National Heritage Area. By Action of the Bayfield County Board of Supervisors Dennis M. Pocernich, Chairman A roll call vote was requested by Supervisor Miller. A roll call vote was taken as follows: Williams-no; Bichanich-yes; Miller-no; Crandall-yes; Rondeau-no; Meyers- yes; Bussey-yes; Jardine-no; Maki-no; Kittleson-yes; Bennett-no; Pocernich-yes; Strand-yes. Total: 13, 7 yes, 6 no. The motion carried. 13. Report of the Bayfield County Planning & Zoning Committee Regarding the Rezone of the 1.79-acre Parcel Town of Bayfield, Located in Section 1, Township 50 North, Range 4 West, Town of Bayfield to be changed from Agricultural-One (Ag-1) to Commercial (C). Rob Schierman, Zoning Director, 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: The Zoning of Town of Bayfield 1.79-acre parcel (Tax ID# not assigned at the time— originally part of Tax ID #’s 4306; 4325; and 34713) described as the West 167 feet of the North Quarter (N ¼) of the Northeast Quarter (NE ¼) of the Southeast Quarter (SE ¼), the South 66 feet of the Southwest Quarter (SW ¼) of the Northeast Quarter (NE ¼) lying East of Lot 1 of CSM #1565 and the South 66 feet of the West 167 feet of the Southeast Quarter (SE ¼) of the Northeast Quarter (NE ¼) all in Section One (1), 85 Township Fifty (50) N, Range Four (4), W, Town of Bayfield be changed from Agricultural- One (Ag-1) to Commercial (C). The Bayfield County Planning and Zoning Committee recommendation is: Be Approved Date: May 15, 2014 BAYFIELD COUNTY PLANNING AND ZONING COMMITTEE William Bussey, Kenneth Jardine, Dennis Pocernich, Brett Rondeau, Fred Strand A motion was made by Rondeau/Bussey to receive and place on file the Report of the Bayfield County Planning & Zoning Committee regarding 1.79-acre parcel in the Town of Bayfield located in the Section 1, Township 50N, Range 4W, Town of Bayfield regarding the zoning change from Agricultural-One (Ag-1) to Commercial (C). The motion carried. 14. Bayfield County Ordinance No. 2014-05, the Rezone of the 1.79-acre Parcel Town of Bayfield, Located in Section 1, Township 50 North, Range 4 West, Town of Bayfield to be changed from Agricultural-One (Ag-1) to Commercial (C). 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 Town of Bayfield 1.79-acre parcel (Tax ID# not assigned at the time— originally part of Tax ID #’s 4306; 4325; and 34713) described as the West 167 feet of the North Quarter (N ¼) of the Northeast Quarter (NE ¼) of the Southeast Quarter (SE ¼), the South 66 feet of the Southwest Quarter (SW ¼) of the Northeast Quarter (NE ¼) lying East of Lot 1 of CSM #1565 and the South 66 feet of the West 167 feet of the Southeast Quarter (SE ¼) of the Northeast Quarter (NE ¼) all in Section One (1), Township Fifty (50) N, Range Four (4), W, Town of Bayfield be changed from Agricultural- One (Ag-1) to Commercial (C). The Bayfield County Board of Supervisors’’ decision is: Be Approved. By Action of the Bayfield County Board of Supervisors Attested to by: Dennis M. Pocernich, Chair A motion was made by Bussey/Rondeau to adopt Bayfield County Amendatory Ordinance No. 2014-05 Regarding the Rezone of the 1.79-acre Parcel Town of Bayfield, Located in Section 1, Township 50 North, Range 4 West, from Agricultural- One (Ag-1) to Commercial (C). Discussion on why 40 acres of the Town of Bayfield’s industrial park was not put in commercial in the first place. Supervisor Bichanich announced that he would be abstaining from the vote. The motion carried. 15. Report of the Bayfield County Planning & Zoning Committee Regarding Amendments to Sections 13-1-21, 13-1-41A, 13-1-62, 13-1-82 and 13-1-103, 86 Code of Ordinances, Bayfield County, Wisconsin. 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: AN ORDINANCE AMENDING SECTIONS 13-1-21, 13-1-41A; 13-1-62, 13-1-82 AND 13-1-103, CODE OF ORDINANCES, BAYFIELD COUNTY, WISCONSIN. Section 1. Subsection (e)(1)cc.2. [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): 13-1-21(e)(cc)2. cc. ........................................................................................................ Miscellaneous 2. Failure to Obtain Permit Prior to Construction ......................... Double Fee Possible Citation (Doubling of fee may be waived by the Planning and Zoning Director). Section 2. Subsection (c) [Compliance] of Section 13-1-41A [Special Use] of Article C [Nonconforming Uses and Structures; Special and Conditional Uses; Environmental Impact Analysis; Handicap-Disability Permits 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) and additions highlighted by the double underline feature (additions): 13-1-41A (c) (c) Compliance. If a special use permit is approved with conditions, an appropriate record shall be made of the land use and structures permitted, and prior to the issuance of a Class B permit the Planning and Zoning Department shall record with the Bayfield County Register of Deeds an affidavit prepared by the Planning and Zoning Department setting forth the terms and conditions of the permit and a legal description of the property to which they pertain. The recording fee shall be paid by the applicant. The terms and conditions of a special use permit of either class shall be binding upon and inure to the benefit of all current and future owners of the property to which it pertains unless otherwise expressly provided by the permit, or unless the permit terminates under subsection (d) of this section. The recording fee for the affidavit shall be paid by the applicant to the Planning and Zoning Department within ninety (90) days after notice thereof 87 has been sent to the applicant by the Department. If the applicant fails to do so, the Class B Permit shall not be issued and the Planning and Zoning Committee’s approval thereof shall become null and void. Section 3. Subsection (a) [Permissible Uses] of Section 13-1-62 [Classification of Uses] of Article D [Zoning Districts] of Chapter 1 [Zoning Code] or Title 13 [Zoning of the Code of Ordinances], Bayfield County, Wisconsin is hereby created to read as follows, with additions highlighted by the double underline feature (additions): 13-1-62 (a) Classification List PERMISSIBLE USES R-4 R-3 R-1 R-2 R- RB C I M A- 1 A- 2 F- 1 F- 2 W Signs On-Premises (UVOD) *subject to 13-1-82(4) S- A* S- A* S- A* S- A* S- A* S- A* S- A* S- A* S- A* S- A* Section 4. Subsection (a) [On-Premise Signage] of Section 13-1-82 [Number and Size of Permitted Signs] of Article E [Signs] 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): Sec. 13-1-82 Number and Size of Permitted Signs. (4) UVOD Unincorporated Village Overlay Districts are allowed one (1) light- emitting diode (LED) on-premise sign as defined in 13-1-61(m)(1-3). Sign may not exceed 32 square feet. (4) Notwithstanding Sec. 13-1-87(a), if a business is located in the Unincorporated Village Overlay District (UVOD) as defined in Sec. 13-1- 61(m), one of the on-premise signs allowed under Sec. 13-1-82(a) may be a light-emitting diode (LED) sign not exceeding 32 square feet. Section 5. Subsection (d) [No Permit Penalty] of Section 13-1-103 [Violations] of Article F [Administration and Enforcement] 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) and additions highlighted by the double underline feature (additions): 13-1-103 (d). (d) No Permit Penalty. Any person, and/or his/her authorized agent or contractor, proceeding with any action that requires a land use permit under this Chapter 88 without first securing such a permit, shall be subject to twice the fees for such a permit provided that the Planning and Zoning Committee, in its the Planning and Zoning Director, in his sole discretion, may waive the doubling of fees for such permit if it the Planning and Zoning Director determines such action to be warranted under the circumstances of the case in question; if the Planning and Zoning Director denies the applicant’s request for waiver of fees, the Planning and Zoning Committee may consider the request. The Bayfield County Planning and Zoning Committee’s recommendation is: Be Approved A motion was made by Rondeau/Maki to receive and place on file the Report of the Bayfield County Planning & Zoning Committee Regarding Amendments to Sections 13-1-21, 13-1-41A, 13-1-62, 13-1-82 and 13-1-103, Code of Ordinances, Bayfield County, Wisconsin. Discussion took place as to why the new wording. The motion carried. 16. Bayfield County Zoning Amendatory Ordinance No. 2015-06 Regarding Amendments to Sections 13-1-21, 13-1-41A, 13-1-62, 13-1-82 and 13-1-103, Code of Ordinances, Bayfield County, Wisconsin. The Board dispensed with the reading of the Amendatory Ordinance, which reads as follows: The Bayfield County Board of Supervisors ordains as follows: That the Bayfield County Zoning Ordinance, adopted June 1, 1976, be and the same, is hereby amended as follows: AN ORDINANCE AMENDING SECTIONS 13-1-21, 13-1-41A; 13-1-62, 13-1-82 AND 13-1-103, CODE OF ORDINANCES, BAYFIELD COUNTY, WISCONSIN. 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 §59.69; and WHEREAS, it is deemed in the best interest of the County of Bayfield to amend fee schedule under Section 13-1-21(e)(1)cc.2. Code of Ordinances, Bayfield County, Wisconsin to permit the Planning and Zoning Director and if the Director denies an applicant, the Planning and Zoning Committee to waive the doubling of fees for the failure to obtain a permit prior to construction; and WHEREAS, it is deemed in the best interest of the County of Bayfield to amend Class B special use application procedures under Section 13-1-41A(c)(2). Code of Ordinances, Bayfield County, Wisconsin to create a deadline for payment of recording fees for affidavits pertaining to special use (class b) permits; and WHEREAS, it is deemed in the best interest of the County of Bayfield to amend the table listed under Section 13-1-62(a). Code of Ordinances, Bayfield County, Wisconsin 89 to include as a special use (class a) on-premises signs (UVOD) in the r-1, r-2, r-3, r-4 r-rb, commercial, municipal, ag-1, f-1, f-2 and w (conservancy) columns; and WHEREAS, it is deemed in the best interest of the County of Bayfield to create Section 13-1-82(a)(4). Code of Ordinances, Bayfield County, Wisconsin to provide that businesses within unincorporated village overlay districts be permitted to erect one LED sign under the terms set forth in that section; and WHEREAS, it is deemed in the best interest of the County of Bayfield to amend language under Section 13-1-103(d) Code of Ordinances, Bayfield County, Wisconsin to allow the Planning and Zoning director to use discretion on waiver of penalty fees; 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 (e)(1)cc.2. [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): 13-1-21(e)(cc)2. cc. Miscellaneous 2. Failure to Obtain Permit Prior to Construction ......................... Double Fee Possible Citation (Doubling of fee may be waived by the Planning and Zoning Director). Section 2. Subsection (c) [Compliance] of Section 13-1-41A [Special Use] of Article C [Nonconforming Uses and Structures; Special and Conditional Uses; Environmental Impact Analysis; Handicap-Disability Permits 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) and additions highlighted by the double underline feature (additions): 13-1-41A (c) (c) Compliance. If a special use permit is approved with conditions, an appropriate record shall be made of the land use and structures permitted, and prior to the issuance of a Class B permit the Planning and Zoning Department shall record with the Bayfield County Register of Deeds an affidavit prepared by the Planning and Zoning Department setting forth the terms and conditions of the permit and a legal description of the property to which they pertain. The recording fee shall be paid by the applicant. The terms and conditions of a special use permit of either class shall be binding upon and inure to the benefit of all current and future owners of the 90 property to which it pertains unless otherwise expressly provided by the permit, or unless the permit terminates under subsection (d) of this section. The recording fee for the affidavit shall be paid by the applicant to the Planning and Zoning Department within ninety (90) days after notice thereof has been sent to the applicant by the Department. If the applicant fails to do so, the Class B Permit shall not be issued and the Planning and Zoning Committee’s approval thereof shall become null and void. Section 3. Subsection (a) [Permissible Uses] of Section 13-1-62 [Classification of Uses] of Article D [Zoning Districts] of Chapter 1 [Zoning Code] or Title 13 [Zoning of the Code of Ordinances], Bayfield County, Wisconsin is hereby created to read as follows, with additions highlighted by the double underline feature (additions): 13-1-62 (a) Classification List PERMISSIBLE USES R-4 R-3 R-1 R-2 R- RB C I M A- 1 A- 2 F- 1 F- 2 W Signs On-Premises (UVOD) *subject to 13-1-82(4) S- A* S- A* S- A* S- A* Section 4. Subsection (a) [On-Premise Signage] of Section 13-1-82 [Number and Size of Permitted Signs] of Article E [Signs] 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): Sec. 13-1-82 Number and Size of Permitted Signs. (4) Notwithstanding Sec. 13-1-87(a), if a business is located in the Unincorporated Village Overlay District (UVOD) as defined in Sec. 13-1- 61(m), one of the on-premise signs allowed under Sec. 13-1-82(a) may be a light-emitting diode (LED) sign not exceeding 32 square feet. Section 5. Subsection (d) [No Permit Penalty] of Section 13-1-103 [Violations] of Article F [Administration and Enforcement] 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) and additions highlighted by the double underline feature (additions): 13-1-103 (d). (d) No Permit Penalty. Any person, and/or his/her authorized agent or contractor, proceeding with any action that requires a land use permit under this Chapter without first securing such a permit, shall be subject to twice the fees for such a permit provided that the Planning and Zoning Committee, in its the Planning and Zoning Director, in his sole discretion, may waive the doubling of fees for such 91 permit if it the Planning and Zoning Director determines such action to be warranted under the circumstances of the case in question; if the Planning and Zoning Director denies the applicant’s request for waiver of fees, the Planning and Zoning Committee may consider the request. Section 6. Except as specifically modified and amended by this ordinance, the Bayfield County Code of Ordinance shall remain in force and effect exactly as originally adopted and previously amended. All ordinances or parts of ordinances inconsistent with or in contravention of the provisions of this ordinance are hereby repealed. Section 7. 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 8. EFFECTIVE DATE. This ordinance shall take effect and be in full force from and after its passage. The Bayfield County Board of Supervisors’ recommendation is: Be Approved. By Action of the Bayfield County Board of Supervisors Dennis M. Pocernich, Chair A motion was made by Bussey/Strand to adopt Bayfield County Zoning Amendatory Ordinance No. 2014-06 Regarding Amendments to Sections 13-1-21, 13-1-41A, 13-1-62, 13-1-82 and 13-1-103, Code of Ordinances, with the following new language; notwithstanding Sec. 13-1-87(a), if a business is located in the Unincorporated Village Overlay District (UVOD) as defined in Sec. 13-1-61(m), one of the on-premise signs allowed under Sec. 13-1-82(a) may be a light-emitting diode (LED) sign not exceeding 23 square feet, if the business is eligible to apply for and has been granted a Class A Special Use Permit for suah a new sign. Supervisor Strand needed clarification regarding Section 4 as it related to LED signs. The motion carried. 17. Bayfield County Amendatory Ordinance No. 2014-07, Amending Section 10-3-1, 10-3-5, 10-3-10 as it Pertains to All-Terrain Vehicles and Off-Road Motor Vehicle Operation. The Board dispensed with the reading of the Ordinance, which reads as follows: Repealing and Recreating Chapter 3 of Title 10, 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 92 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 repeal and recreate 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 May, 2014, 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: Chapter 3: All-Terrain Vehicles and Off-Road Motor Vehicle Operation. Sec. 10-3-1 State All-Terrain Vehicle Laws Adopted. The applicable provisions of NR 64 and Chapter 23.33 regulating ATV operation are hereby adopted by reference and made part of this Section as if fully set forth herein. The provisions describing and defining regulations with respect to all-terrain vehicles in Sec. 23.33, Wis. Stats., and any future amendments or revisions, are hereby adopted by reference and made part of this Section as if fully set forth herein. Sec. 10-3-2 Purpose. Taking consideration of the economical and recreational value weighted against possible dangers, liability aspects, terrain involved, traffic density and public health, this ordinance has been created to designate certain all-terrain vehicle routes on portions of existing county highways, to identify the procedure for establishment of additional all-terrain vehicle routes in the county, to set forth conditions of operation of all-terrain vehicles on the county trunk highway system and signage, suspension and revocation of all-terrain vehicle routes, and to specify penalties for violation of this ordinance. Sec. 10-3-3 Authority. This ordinance is enacted pursuant to County Board authority under Wis. Stat., 59.02, as authorized by 23.33 (11)(am) and 23.33 (8)(b). Sec. 10-3-4 Establishment of ATV Routes. County Trunk Highways designated as ATV routes shall be established and approved by the Bayfield County Board upon recommendation by the Highway Committee. The Highway Committee shall develop policies and procedures for the designation of ATV routes including appropriate criteria for making a designation. Sec. 10-3-5 Operation of All-Terrain Vehicles on the County Trunk Highway System (a) All ATV’s shall operate only on the extreme right side of the paved portion of the roadway. Operation of an ATV on the shoulder, ditch or right-of-way is prohibited and illegal. 93 (b) All ATV operators shall observe and obey posted speed limits. The speed limit for ATVs traveling on designated routes is 40 mph unless otherwise posted. All ATV operators shall slow the ATV to 10 mph or less when operating within 150 feet of a dwelling and 100 feet of pedestrians, bicyclists, horses and ice shanties. (c) All ATV operators shall ride in single file. (d) ATV operators shall yield the right-of-way to other vehicular traffic and pedestrians. (e) All ATV operators shall have their headlight and taillight illuminated at all times while operating on a county highway. (f) All persons under the age of 18 must wear a helmet when operating or riding an ATV. (g) All ATV operators will be in compliance with Statutory Regulations. (h) All ATV operators assume all the usual and normal risks of ATV operation while on the approved County Highway route(s). Sec. 10-3-6 Signage of ATV Routes Any ATV signage on County Trunk Highway right-of-way will be installed by the Bayfield County Highway Department which shall be reimbursed for time and materials by the Route Sponsor. All signage will be in accordance with Wisconsin Administrative Code NR 64.12 (7). Any removal, damage, defacing, moving, or obstructing of signage is illegal and prohibited. Sec. 10-3-7 Enforcement. This ordinance shall be enforced by the Bayfield County Sheriff’s Department or any other law enforcement official as set forth in Wis. Statute 23.33(12). Sec. 10-3-8 Violations (a) Wisconsin state All-Terrain Vehicle penalties as found in s. 23.33 (13) (a) Wis. Stats., are adopted by reference. (b) Forfeiture: The penalty for violation of any provision of this Chapter shall be a forfeiture, in accordance with Title 1, Chapter 2 of the Bayfield County Code of Ordinances, together with the court costs and fees and the applicable penalty assessment. Forfeiture for violation of any ATV regulation(s) set forth in the Wisconsin Statutes adopted by reference in this Chapter shall conform to the forfeiture penalty permitted to be imposed under the applicable statute(s). Sec. 10-3-9 Maintenance. Approval of highway segments as ATV routes does not imply that additional maintenance will be provided by the Bayfield County Highway Department. These segments will be maintained like any other segment of County Highway, and Bayfield County makes no representation as to their condition or fitness for ATV use. Sec. 10-3-10 Designated Routes. The following routes are designated all-terrain vehicles routes in Bayfield County: 94 1. CTH H (Scenic Drive to Finger Lake Road) – 0.15 mile (Adopted May 27, 2014) 2. CTH N (Hiatt Road to Longview Road) - 2.26 miles 3. CTH N (STH 27 to Robinson Lake Road) - 4.38 miles (Adopted May 27, 2014) 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) (adopted Aug. 27, 2013) - 3.47 miles (Adopted May 27, 2014) 10. CTHE (USH 2 to Keystone Road) (Adopted Aug. 27, 2013) - 1.0 miles 11. CTH M (Kavanaugh Road to USH 63 (1 City Block) (Adopted Oct. 1, 2013) - 0.09 mile (Adopted May 27, 2014) 12. CTH C (FR 696 to FR 697) - 0.25 mile (Adopted May 27, 2014) Sec. 10-3-11 Suspension and Revocation of Route (a) The Bayfield County Highway Commissioner shall have the authority to suspend operation of any ATV route for up to ninety (90) days due to hazard, construction or emergency conditions in any highway segment listed as a designated route. (b) Any ATV route may be revoked at any time by the Bayfield County Highway Commissioner. At the next Bayfield County Highway Committee meeting following the revocation, the committee shall take action to either uphold the revocation or overturn it. 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 5. 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 Dennis M. Pocernich, Chair A motion was made by Crandall/Bichanich to adopt Bayfield County Amendatory Ordinance No. 2014-07, Repealing and Recreating Chapter 3 of Title 10, Code of Ordinances, Bayfield County, WI, and Regarding All-Terrain Vehicle Routes. The motion carried. 95 18. Reappointment of Phillip Lupa, LeRoy Wiesner and Randy Matis for 3- year terms and Richard Compton as an Alternate to the Board of Adjustment. Supervisor Miller started discussion on this matter regarding the fact that these such reappointments are to be advertised to the public for any interest a person from the community may have. Miller questioned as to whether that was done. Abeles-Allison reported that it had, however there were no new candidates, and the applications were still on hand for the 3 candidates up for reappointment. The application on hand for the alternate position, reappointing Dick Compton, was not new, however was being used. Miller stated that he believed that in accordance with the motions that were made at a prior meeting and passed, this needs to be done the correct way, and felt it needed to be readvertised. Miller proceeded to read to the Board the motion that was made and passed at a prior meeting for such advertising. A lengthy discussion took place, a motion was made by Miller/Rondeau to postpone. Discussion took place on the terms of the appointments. Supervisor Bussey was opposed to Miller’s motion to postpone and gave his reasons for such stating he believed everything was followed. Miller disagreed and elaborated on the requirements and this was not followed. Further discussion took place. A motion was made by Miller/Rondeau to amend the motion to reappoint Lupa, Matis and Wiesner for a 3-year term and to readvertise for applications for the alternate position. Discussion. The motion carried. Discussion took place on public input and where the advertising should occur. 19. Discussion and Possible Action Regarding 911 Memorandum of Understanding with Douglas County. Jan Victorson, Emergency Mgmt. Coordinator reported that Douglas County has already purchased necessary equipment for 911 and are willing to put one-half of the system in Bayfield County which would make it possible to back each other up completely if necessary. This is the purpose of the Memorandum of Understanding you have before you. If there should be a problem such as an evacuation needed, they would be able to answer the calls for the other. Right now we back each other up via a control switch which would change to a call taking function. It is new and we are the first in Wisconsin to be looking at it. One big plus is we are looking at what we need to do to update equipment. The Board asked questions of Jan related to the cost associated with this. It is estimated between the $136,000 to $210,000 range. It would be her recommendation to have the Sheriff’s Committee look at this and get back to the Board. This would not involve any more employees. The Sheriff and Chief Deputy obviously would have the final say in this if it is something that they think would work. The Sheriff’s Committee meets in 2 weeks and Victorson will have something more definitive for the Board by then. A motion was made by Maki/Meyers to have the Sheriff’s committee and Corporation Counsel execute the Memorandum of Understanding. Discussion took place. The motion carried. 20. Bayfield County Resolution No. 2014-14, Increase the Payment in Lieu of Taxes (PILT) for County Forest Lands from $.30 to $1.00 per acre. Abeles- 96 Allison explained the reason for the Resolution. The Board dispensed with the reading of the Resolution, which reads as follows: MAA explained. WHEREAS, there is county forest land in 29 counties in the state; and WHEREAS, County Forest lands are entered under Wisconsin State Statute 28.11 County Forest Law, which outlines the framework for County Forest Management; and WHEREAS, state property taxes include a forestry mill tax, a portion of which is used to reimburse taxing jurisdictions for paying in lieu of taxes on public forest lands; and WHEREAS, the State currently provides a PILT payment of $.30 per acre to local units of government containing County Forest lands; and WHEREAS, in comparison the State currently provides local units of government PILT payments for State owned lands ranging from $.80 per acre to normal ad valorem tax rates based on the value at the time of purchase, exceeding $2 per acre; and WHEREAS, in 2013, Federal PILT payments for National Forest lands were approximately $1.00 per acre to local units of government. NOW THEREFORE, BE IT RESOLVED, that the Bayfield County Board Of Supervisors assembled This 27th day of May, 2014, recommends that the amount of PILT payment to Counties with County Forest Lands be increased to $1.00 per acre; and BE IT FURTHER RESOLVED that a copy of this Resolution be forwarded to the Wisconsin Counties Association to be considered as an Association Resolution. By Action of the Bayfield County Board of Supervisors Dennis M. Pocernich, Chair A motion was made by Rondeau/Kittleson to adopt Bayfield County Resolution No. 2014-14, Increase the Payment in Lieu of Taxes (PILT) for County Forest Lands from $.30 to $1.00 per acre. The motion carried. 21. Bayfield County 2014-27, State Strategic Initiative Grants to Include a Land Area Calculation Initiative. Abeles-Allison reported that this Resolution was given to Bayfield County by Wisconsin Counties Association, and he explained its purpose. The Board dispensed with the reading of the Resolution, which reads as follows: WHEREAS, The State is planning to implement Strategic Initiative Grants for Land Records; and WHEREAS, the purpose is to properly map, monument, acquire lidar and produce ortho-photography for all areas of the state; and WHEREAS, the current funding formula distributes approximately $50,000 on a county by county basis; and WHEREAS, the current formula does not take into account the geographical dimensions, shape, area, coastlines or off shore islands of a county; and 97 WHEREAS, counties that are large and irregular shaped will take more resources and will take significantly longer to map; and WHEREAS, counties with less geographic complexity will complete the mapping in much less time, resulting in a patchwork of completed county data across the state. NOW THEREFORE, BE IT RESOLVED, that the Bayfield County Board of Supervisors assembled this 27th day of May, 2014 recommend that funding for the Wisconsin Land Information Program, Strategic Initiative Grants include a land area calculation in the funding formula; and BE IT FURTHER RESOLVED, that this Resolution be forwarded to the Wisconsin Counties Association to be considered as an Association Resolution. By Action of the Bayfield County Board of Supervisors Dennis M. Pocernich, Chair A motion was made by Rondeau/Crandall to adopt Bayfield County Resolution No. 2014-27, State Strategic Initiative Grants to Include a Land Area Calculation Initiative. The motion carried. 22. Bayfield County Resolution No. 2014-13, Approving a Memorandum of Agreement with the Department of Natural Resources to Participate in the Knowles- Nelson Stewardship Land Acquisition Program. Abeles-Allison explained that in order for Bayfield County to be eligible to participate in the program, the County Board needs to first pass this Memorandum. The Board dispensed with the reading of the Resolution, which reads as follows: WHEREAS, Bayfield County has lands enrolled as County Forest pursuant to s. 28.11, Wis. Stats.; and WHEREAS, the County Board of Supervisors on January 31, 2006, adopted resolution No. 2006-003 approving the Bayfield County Forest Comprehensive Land Use Plan for a period of 15 years; and WHEREAS, the County Board has the authority to acquire properties for the purpose of establishing County Forest land pursuant to s. 28.10, Wis. Stats and as outlined in Chapter 400 of the Bayfield County Forest Comprehensive Land Use Plan; and WHEREAS, acquisition of said properties would perpetually provide forest products to our local economy, revenues to the County, outdoor recreation opportunities to the public, and improve property administration on the County Forest; and WHEREAS, Bayfield County is eligible to participate and make application to the Knowles-Nelson Stewardship Land Acquisition Grant program for land acquisition consistent with said Plan; and WHEREAS, grant funding may provide funding up to 50% of the acquisition price; and WHEREAS, participation in the grant program requires a county to enter into a Memorandum of Agreement (MOA) with the Department of Natural Resources (as 98 required by s. NR 51.963 Wis. Adm. Code) to define the criteria for participating in the grant program. NOW, THEREFORE, BE IT RESOLVED, that the Bayfield County Board of Supervisors, meeting this 27th day of May 2014, hereby approves the MOA with the Department of Natural Resources; and BE IT FURTHER RESOLVED, that any potential County Forest land acquisitions eligible for Knowles-Nelson Land Acquisition Stewardship grant funding will be brought before the Bayfield County Board for approval prior to making application; and BE IT FURTHER RESOLVED, that the Forestry and Parks Administrator is directed to forward this signed MOA to the Department of Natural Resources; and BE IT FURTHER RESOLVED, that the Bayfield County Board of Supervisors grants the authority to sign amendments to this MOA to the County Board Chair, Forestry and Parks Committee Chair, and Forestry and Parks Administrator; and BE IT FURTHER RESOLVED, that Bayfield County recognizes and acknowledges that if financial assistance is made available by the Department of Natural Resources, and the County accepts the financial assistance, the County will comply with state rules for the program and meet the financial obligations under the grant; and BE IT FURTHER RESOLVED, that the Bayfield County Board of Supervisors will be notified if grant funding becomes available and then will consider authorization for the acquisition. By Action of the Bayfield County Board of Supervisors Dennis M. Pocernich, Chair A motion was made by Strand/Rondeau to adopt Bayfield County Resolution No. 2014-13, Approving a Memorandum of Agreement with the Department of Natural Resources to Participate in the Knowles-Nelson Stewardship Land Acquisition Program. The motion carried. 23. Administrator’s Report: a) Construction Project Updates: Construction is taking place on the new forestry garage (the new owner of the old forestry garage is allowing us to store items on the front area of the building); a safe room at the fairgrounds; the Grand View highway garage will be torn down and a new one will be built in Mason. We received a 50% grant for design work on the Middle Eau Claire Lakes Dam which will start now through 2015. b) Final Committee Appointment. A new copy of the Committee Appointments were given to the Board members. There are still some more modifications that will be made, but this is what we have thus far. 99 c) Future County Board Meetings: July 1st @ 6 pm Public Hearing; August 26th. 24. Supervisors’ Reports a) Committee Chair Reports: Discussion took place on eliminating last minute amendments to the agenda. It was noted that we are trying to get this out 5 days prior to meeting. b) It was brought up by Supervisor Miller that Bayfield County is the first County to post road restrictions and the last County to take them off. This makes the season harder on our loggers. We need to look at this. There being no further business to come before the Bayfield County Board of Supervisors, Chairman Pocernich adjourned the meeting at 8:55 p.m. Respectfully submitted, Scott S. Fibert, Bayfield County Clerk SSF/dmb