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Minutes of the
Bayfield County Board of Supervisors’ Meeting
Of November 12, 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 6:05 p.m. Pocernich welcomed everyone to the meeting
and roll call was taken by County Clerk, Scott Fibert as follows: Bichanich-present; Miller-
present; Crandall-present; Rondeau-present; Meyers-present; Bussey-present; Jardine-
present; Maki-absent; Kittleson-present; Bennett-present; Pocernich-present; Strand-
present; Williams-absent. Total: 13, 11 present, 2 absent. A quorum of board members
was present to conduct business. The following individuals were also present for the
meeting: Jason Bodine, Forest Administrator; and other Bayfield County residents.
The Pledge of Allegiance was recited by all in attendance.
1. Motion Regarding Minutes of October 28, 2014 Bayfield County Board
of Supervisors’ Meeting. A motion was made by Rondeau/Bennett to adopt the
Minutes of October 28, 2014 Bayfield County Board of Supervisors’ Meeting. The
motion carried.
2. Public Comment – No public comment.
3. Presentation on the Knowles-Nelson Stewardship Land Acquisition Grant
Opportunities for County Forest Land Acquisition. Jason Bodine, Forest Administrator,
was present to discuss with the Board, grant opportunities to acquire property at no cost
to the County. The DNR Knowles-Nelson Stewardship Land Acquisition Grant can be used
to purchase forest land for eventual entry into County Forest Law. The grant will cover up
to 50% of the cost of eligible projects. Bodine went on to explain how the Grant works
and a lengthy discussion took place on subjects such as property taxes, tax on harvest, and
the County Forest Law. Bodine further explained that the Resolution before the Board,
would request the grant funding available from the Wisconsin DNR under the Knowles-
Nelson Stewardship Acquisition Grant Program. It also would authorize Bodine to behalf
of Bayfield, submitting the application, to sign documents and to take necessary actions to
undertake, direct, and complete an approved and acquisition project.
Bodine also explained Resolution No. 2014-51 which was amending the Bayfield
County Forest Comprehensive Land Use Plan and County Forest Blocking Boundaries. A
brief discussion took place.
4. Bayfield County Resolution No. 2014-51, Amending the Bayfield County
Forest Comprehensive Land Use Plan – County Forest Blocking Boundaries. 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
of the Wisconsin statutes; and
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WHEREAS, the Bayfield County Board of Supervisors on January 31, 2006, adopted
resolution #2006-030 approving the Bayfield County Comprehensive Land Use Plan for a
period of 15 years; and
WHEREAS, said Plan is a dynamic document to be revised as changing conditions
require; and
WHEREAS, subsection (5)(a) of the above referenced State statute requires said
Plan amendments to be approved by the County Board of Supervisors and the Department
of Natural Resources; and
WHEREAS, the County Forest blocking boundary is defined as the area within the
County where the County could potentially have an interest in acquiring additional forest
lands, to be enrolled in County Forest Law, and managed as part of the County Forest; and
WHEREAS, the County Forest blocking boundary is proposed for expansion to
include existing County Forest lands and to better meet the objectives of the Bayfield
County Comprehensive Land-Use Plan 2006-2020; and
WHEREAS, the proposed changes to the County Forest blocking boundaries were
approved by the Forestry and Parks Committee during their meeting held on October 6,
2014; and
WHEREAS, Plan amendments for the fifteen year period encompassing 2006-2020
have been prepared by the Forestry and Parks Administrator, on behalf of the Forestry
and Parks Committee and are submitted for approval before the Bayfield County Board of
Supervisors.
NOW, THEREFORE, BE IT RESOLVED, that the Bayfield County Board of
Supervisors assembled this 12th day of November, 2014, authorizes the following: That
the County Forest blocking boundaries listed and described in the Bayfield County Forest
Comprehensive Land-Use Plan 2006-2020 be amended as set forth herein (deleting all
maps and reference to the old blocking boundaries and adding maps and reference to the
new blocking boundaries, as attached); and
BE IT FURTHER RESOLVED that the Forestry and Parks Administrator, on behalf
of the Forestry and Parks Committee, is directed to forward these amendments to the
Wisconsin Department of Natural Resources for their approval.
By Action of the
Bayfield County Board of Supervisors
Dennis Pocernich, Chairman
A motion was made by Bussey/Strand to adopt Bayfield County
Resolution No. 2014-51, Amending the Bayfield County Forest Comprehensive Land
Use Plan – County Forest Blocking Boundaries. The motion carried.
5. Bayfield County Resolution No. 2014-52, Knowles-Nelson Stewardship
Grant Application for the Acquisition of County Forest Land. The Board dispensed with
the reading of the Resolution, which reads as follows:
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WHEREAS, the Forestry and Parks Committee would like to purchase an estimated
1,837 acres of land, described in attached documents Exhibits A and B, located within
Bayfield County Wisconsin; and
WHEREAS, the County Board has the authority to acquire said property for the
purpose of establishing County Forest Land pursuant to ss. 28.10 Wis. Stats; and
WHEREAS, the acquisition policy and boundaries are outlined and defined in
Chapter 400 of the Bayfield County Forest Comprehensive Land Use Plan, as approved for
years 2006-2020 by the Bayfield County Board of Supervisors on January 31, 2006; and
WHEREAS, acquisition of this property will 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, the County is eligible to apply for grant funding through the Knowles-
Nelson Stewardship grant program pursuant to ss. 23.0953 Wis. Stats; and
WHEREAS, said funding may provide funding for up to 50% of the acquisition price.
NOW, THEREFORE, BE IT RESOLVED, by the Bayfield County Board of
Supervisors assembled this 12th day of November, 2014, that the County requests the
grant funding available from the Wisconsin Department of Natural Resources under the
Knowles – Nelson Stewardship Land Acquisition grant program; and
HEREBY AUTHORIZES the Forestry and Parks Administrator to act on behalf of
Bayfield County to: submit an application to the State of Wisconsin for land acquisition
grant funding; sign documents; and take necessary action(s) to undertake, direct, and
complete an approved land acquisition project; and
BE IT FURTHER RESOLVED, that Bayfield County will make two separate
Stewardship applications; one to purchase approximately 1,376 acres from Meteor Timber,
LLC and the other to purchase approximately 461 acres from The Lyme Timber Company;
and
BE IT FURTHER RESOLVED, Bayfield County will use the appraised value of land
currently owned by Bayfield County to meet the County match obligations outlined in the
Stewardship application, with the understanding that these properties will then be
enrolled in County Forest Law; and
BE IT FURTHER RESOLVED, the final Stewardship application will be structured
so that the entire balance owed by Bayfield County will be covered by the value of the
match properties, resulting in zero additional out of pocket costs for Bayfield County; and
BE IT FURTHER RESOLVED, that Bayfield County will comply with State rules for
the program and meet the financial obligations under the grant.
By Action of the
Bayfield County Board of Supervisors
Dennis Pocernich, Chairman
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A motion was made by Meyers/Bichanich to adopt Bayfield County Resolution
No. 2014-52, Knowles-Nelson Stewardship Grant Application for the Acquisition of
County Forest Land. Discussion took place and the motion carried.
6. Bayfield County Resolution No. 2014-53, Designation of Authorized
Depositories for Bayfield County. The Board dispensed with the reading of the
Resolution, which reads as follows:
WHEREAS, Section 34.05 of the Wisconsin Statutes authorizes counties to invest
any of their funds not immediately needed, in time deposits, in banks, or savings and loan
associations, in accordance with and subject to the limitations of Wisconsin Statute
§66.0603(1m), and also authorizes counties to engage in financial transactions in which the
public depository agrees to repay funds advanced to it by the county plus interest, if the
agreement is secured by bonds or securities issued or guaranteed as to principal and
interest by the Federal Government; and
WHEREAS, it appears to be to the financial benefit of the County and its citizens
to invest funds not immediately needed in such deposits and to enter into such financial
transactions from time to time; and
NOW, THEREFORE, BE IT RESOLVED, that the Bayfield County Board of
Supervisors, assembled this 12th day of November, 2014, hereby authorize and direct the
Bayfield County Treasurer to invest county funds not immediately needed either in time
deposits in accordance with and subject to the limitations of Wisconsin Statute §66.0603,
or by entering into financial transactions in which a public depository agrees to repay
funds advanced to it by the County plus interest, if the agreement is fully secured by
securities issued or guaranteed as to principal and interest by the Federal Government,
with any of the following financial institutions, which have been designated as public
depositories for Bayfield County: Bremer Bank & Bremer Trust; Security State Bank;
State Bank of Drummond, Northern State Bank; Chippewa Valley Bank; and the Local
Government Investment Pool, investing in public instruments as approved by the County
Executive Committee in accordance with county and state investment policies and laws;
BE IT FURTHER RESOLVED, that County funds not so invested shall be deposited
in checking or savings accounts at any of the foregoing institutions.
By Action of the
Bayfield County Board of Supervisors
Dennis Pocernich, Chairman
A motion was made by Meyers/Rondeau to adopt Bayfield County
Resolution No. 2014-53, Designation of Authorized Depositories for Bayfield
County. The motion carried.
7. Bayfield County Resolution No. 2014-54, Authorization for County Board
Chairman, County Clerk, and the County Treasurer of the County of Bayfield to make
Short Term Loans. Abeles-Allison explained that this allows the County to take out
short term loans if necessary. He further reported that this has only been done once in
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the past decade when the timing of CD’s did not coordinate with expenditure schedules.
The Board dispensed with the reading of the Resolution, which reads as follows:
WHEREAS, it may be necessary to borrow funds on a short term basis in order to
meet payrolls and other obligations including current and ordinary expenses within the
next year.
NOW, THEREFORE, BE IT RESOLVED, by the Bayfield County Board of
Supervisors of Bayfield County in annual session, assembled this 12th day of November,
2014, that the County Board Chairman of the County of Bayfield, the County Clerk, and the
County Treasurer, be and they are hereby authorized to borrow funds on a short term
basis in an amount not to exceed Three Hundred Thousand Dollars ($300,000.00) in
aggregate if in their opinion it should be to the County’s best interest to make such loan or
loans.
By Action of the
Bayfield County Board of Supervisors
Dennis Pocernich, Chairman
A motion was made by Rondeau/Bennett to adopt Bayfield County
Resolution No. 2014-54, Authorization for County Board Chairman, County Clerk,
and the County Treasurer of the County of Bayfield to make Short Term Loans. A
roll call vote was taken as follows: Miller-yes; Crandall-yes; Rondeau-yes; Meyers-
yes; Bussey-yes; Jardine-yes; Maki-absent; Kittleson-yes; Bennett-yes; Pocernich-
yes; Strand-yes; Williams-absent; Bichanich-yes. Total: 13, 11 yes, 0 no, 2
absent. The motion carried.
8. Bayfield County Resolution No. 2014-55, Holding of Meetings as may be
Necessary to Conduct Business in 2015. Fibert explained that we usually have 12
meetings per year, but by Resolution the Board can exceed this number. This Resolution
puts that authorization into play. The Board dispensed with the reading of the Resolution,
which reads as follows:
WHEREAS, Wisconsin Statute §59.13(2)(a) requires counties containing less than
25,000 population, to 20 days, not more than 10 of which shall be for services on any one
committee, except that the Board may increase the number of committee meetings under
par. (b) and similarly fix the compensation of the members for the additional meetings;
and
WHEREAS, the committees of the Bayfield County Board of Supervisors are
required to conduct business of said Bayfield County, to hold and conduct committee
meetings in excess of the number permitted by State Statute §59.13(2)(a); and
WHEREAS, by action of the Bayfield County Board of Supervisors, the number of
meetings of said committees beyond the statutory limit may be extended.
NOW, THEREFORE, BE IT RESOLVED, that the Bayfield County Board of
Supervisors assembled this 12th day of November, 2014, agree that the committees of the
Bayfield County Board of Supervisors be and are hereby authorized to hold such meetings
during the year 2015, as may be necessary to conduct the business of said Bayfield County.
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By Action of the
Bayfield County Board of Supervisors
Dennis Pocernich, Chairman
A motion was made by Miller/Kittleson to adopt Bayfield County Resolution No.
2014-55, Holding of Meetings as may be Necessary to Conduct Business in 2015.
The motion carried.
9. Appointment of John Nedden-Durst to the County of Bayfield Housing
Authority Board. Abeles-Allison explained that there is a vacancy on the Housing Board
and Nedden-Durst has completed an application for the position. Abeles-Allison is
recommending to the Board the approval of John Nedden-Durst to the County of Bayfield
Housing Authority Board. A motion was made by Jardine/Rondeau to appoint John
Nedden-Durst to the County of Bayfield Housing Authority Board. Discussion. The
motion carried.
10. Bayfield County Amendatory Ordinance No. 2014-09, Amending Chapter
3 of Title 10, Code of Ordinances, Bayfield County, WI Regarding All-Terrain
Vehicle Routes. Abeles-Allison explained that the Highway Committee met this past week
and made several additions and modified and added section for ATV trails for about 6½
new miles of trails on those sections. They were needed changes. The Board dispensed
with the reading of the Amendatory Ordinance, which reads as follows:
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 12th day of November, 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 amended with the following changes and additions:
Sec. 10-3-10 Designated Routes. The following routes are designated all-terrain
vehicles routes in Bayfield County:
3. CTH N (STH 27 to Robinson Lake Road) - 4.38 miles (Adopted May 27, 2014)
Should be changed to read: CTH N (STH 27 to Kickapoo Trail) – 4.64 miles;
Add:
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13. CTH H (Horstman Road to CTH E) - 1.96 Miles;
14. CTH E (CTH H to Panasuk Road) – 1.00 Mile;
15. CTH E (Lund Road to Faith Church Road) – 0.50 Mile;
16. CTH E (Moonshine Alley Road to Olaf Johnson Road) – 1.00 Mile;
17. CTH E (Andrew Anderson Road to Benoit Road) - .50 Mile
18. CTH E (Panasuk Road to Keystone Road) – 1.00 Mile;
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 Pocernich, Chairman
A motion was made by Rondeau/Bichanich to adopt Bayfield County Amendatory
Ordinance No. 2014-09 Amending Chapter 3 of Title 10, Code of Ordinances,
Bayfield County, WI Regarding All-Terrain Vehicle Routes with the changes
discussed. A short discussion took place on who asks for all of these changes and it was
noted that it comes from the towns. The motion carried.
11. Confirmation of Appointment of Maintenance Supervisor. A motion was
made by Rondeau/Kittleson to approve the appointment of Craig Parks as Maintenance
Supervisor. Supervisor Miller had a question as to why this position was not put to the
public. It was stated that the Executive Committee had wanted it to stay internally as it
benefits Bayfield County to use the expertise of those already in the department. Having
someone who has the experience of already doing the job is a benefit to the County.
Further discussion took place on the Executive Committee minutes that stated this was to
be advertised to the public. Further discussion took place. The motion carried. Abeles-
Allison thanked the Board for Parks’ appointment. Parks was present and also thanked the
Board for this opportunity.
12. Administrator’s Report:
a) December 9th will be last Board meeting for 2014;
b) Reminder of the CAFO meeting at the Northern Great Lakes Visitor
Center on Thurs., Dec. 4th starting at 8:15 a.m.
c) Fibert reported that the Board of Canvass certified the election
results today. There is a process where the State receives the
County’s results, however, there is a period involved for recount and
the election cannot be certified until that time is up.
d) Superior Days Issues are the same as reported on last month,
however, 3 issues were taken off and three were added; 1) off-
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premise signage along state highways; 2) an increase in PILT for
County Forest Land; and 3) Improve State Trail Systems and increase
funding for snowmobile trails.
13. Supervisors’ Reports:
Supervisor Kittleson reported that the fair will be one week later this year
as the carnival was able to coordinate dates – Aug. 6-9;
Supervisor Miller reported that timber sales were in the amount of $2.78
million sales revenue. This is pretty significant.
A reminder was given that Mary Motiff, Tourism Director, will be helping at
the Paralympics and have authorized her to spend approximately 2 weeks as
the media center coordinator. There will be not full time employees in the
Tourism Department that week.
Supervisor Meyers informed the Board that this may be her last meeting
depending on when the December meeting is held. She thanked everyone for
their support and for helping her grow so she can take her skills to Madison.
She looks forward to seeing everyone for Superior Days.
Supervisor Bussey reported on the Tribal Relations Committee. Supervisor
Bussey and Meyers co-chair this committee which meets every 2 to 3
months. The Tribe would like a joint meeting between their Council and the
County Board to address come concerns regarding County lands with the
Reservation boundaries as well as the many agreements they have with
Bayfield County. We have a very good relationship with the Tribe and this
would be good for both parties. It was discussed that this should be a
separate meeting and would not have any action taken, more or less a
listening and discussing session. It was not decided who would do the setup
of this meeting.
Discussion on how a Supervisor is replaced. Supervisor Jardine asked
whether it was Meyers’ intent to stay on the County Board or to resign.
Meyers discussed with the Board that it is her intent to attend as many
meetings as she can until the end of 2014, but she will resign effective
December 31, 2014. Discussion then took place on the process for soliciting
a replacement.
There being no further business to come before the Bayfield County Board of
Supervisors, Chairman Pocernich adjourned the meeting at 7:27 p.m.
Respectfully submitted,
Scott S. Fibert,
Bayfield County Clerk