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HomeMy WebLinkAboutCounty Board of Supervisors - Minutes - 12/9/2014159 Minutes of the Bayfield County Board of Supervisors’ Meeting Of December 9, 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: Miller-present; Crandall- present; Rondeau-present; Meyers-absent; Bussey-present; Jardine-present; Maki- present; Kittleson-present; Bennett-present; Pocernich-present; Strand-present; Williams-present; Bichanich-present. Total: 13, 12 present, 1 absent. A quorum of board members was present to conduct business. The following individuals were also present for the meeting: Jason Bodine, Forest Administrator; Ben Dufford, County Conservationist; Rob Schierman, Zoning Administrator; Jennifer Croonberg-Murphy, Ass’t. Zoning Administrator; Elizabeth Skulan, HS Director; and other Bayfield County & community residents. The Pledge of Allegiance was recited by all in attendance. 1. Motion Regarding Minutes of November 12, 2014 Bayfield County Board of Supervisors’ Meeting. A motion was made by Kittleson/Bichanich to adopt the minutes of November 12, 2014 Bayfield County Board of Supervisors’ Meeting. The motion carried. 2. Public Comment – Chairman Pocernich asked that anyone who wanted to speak was invited to do so, however, they were reminded that each of them only had a speaking time of 3 minutes and he was going to cut off public comment after 30 minutes. He also asked that each person who was going to speak, write their name down and their address. Jeff Silbert, Washburn, stated that he is a 40- year resident of Bayfield County, reminding the Board that they have a great legacy for providing safeguards and protection to its citizens which he appreciates and hope they continue to do. He stated that he attended the CAFO workshop. There are 4 northern counties that do not have ordinances to regulate CAFO. All of the other counties in Wisconsin have ordinances and this is why this group of CAFO farmers decided to come to Wisconsin; we don’t have regulations for this many animals. We must hold farmers such as this to a much higher standard as they are coming in with 999 animals, only 1 under the limit. Silbert is asking that the Board to adopt a 6 month to 1 year moratorium in order to come up with safeguards and protections. There have been no applications for any conditional use permits to date. Nancy Sellung, Town of Lincoln, stated that she has been a resident of Bayfield County for over 45 years. Similar to Jeff, She is concerned about law standards and not enough regulations. No matter where this group has gone, they are always 1 under the limit. They have had a major manure accident and did not accept any responsibility to what happened on the land that they were renting. When there are issues on the land that they are renting, they do not hold themselves responsible. Sellung lives on Altamont Road 160 and is concerned that if we aren’t careful there could be major issues with the water streams as they all run into the river nearby. Charly Ray – Town of Bayview. Ray has served on his town board for 5 years and has worked in natural resources and conservation for 23 years. He handed out documentation for the Board to read for regarding CAFO . Ray emphasized that time is of the essence which will eliminate options. Bayfield County has unique conditions in managing a CAFO facility. There is always surface runoff which goes directly into the local streams and lakes. Since Bayfield County is a town county regulator, many towns do not have their own zoning ordinances. Ray is asking the Board to consider adopting the ATCP WI Admin Code immediately with the maximum setbacks, regulation of operations at 500 animal units and special considerations for our local resources before the legislature or DNR make revisions in the ongoing review process. He asked that the county consider a 2- year moratorium and appropriate regulations to follow, to get ahead of the issue. Steve Barnes – was here to add to address the issue that is currently blighting the swine. The PED virus which has killed over 7 million pigs. Wisconsin at the moment is relatively free of this virus. The purpose of the CAFO in a great part is to populate the swine population with sows and piglets. He is concerned about the spread of the virus. A vaccine is being developed but is not ready yet. CAFO operations are being installed as a way to be cautious, however he is concerned with the trucking of the contaminated pigs going from one are to another. This is a risk on its own. Winter time and cold weather is supportive of the virus. The weather fosters the spread of the virus. Thomas Rouk, Smithfield, Virginia. He had 1 point to bring up. A CAFO with 999 units is actually 2,500 units. It would need approximately 79 million gallons of water to feed the animals. How is this going to affect our local wells? He asked the Board to support a moratorium to study how this type of facility will affect our local area so we may keep it clean for future generations. Tom Galazen – Bayfield. Galazen is opposed to the CAFO operation and is in support of a moratorium. He reiterated what others have already said. There will be a stench from the facility which is extreme. There are water concerns as well as air concerns. The 2nd think that he would like to say is a “congratulations” to Supervisor Meyers on her election and that we are sending her on her way to do the best for us and others Eileen McCutcheon, Mason. McCutcheon is a Certified Organic farmer and lives within the 4 miles of where the CAFO farm is going to be located. She has done research and is concerned about the wellbeing of her farm, the air, water, soil, and feed. By air, the virus will travel up to 10 miles an hour. Farms have accidents and she is concerned about what would happen if a manure spill took place. The virus can last 28 days. She suggested that a civilian watchdog group be put into place to mediate this place and others or anyplace that has over 500 animals on it. It would take the burden off government groups. Those of us who have an investment need to find a resolution. Jim Nemec, Town of Eileen. Nemec stated that he lives about ½ miles from where the proposed CAFO site will be. Everything around him is zoned agriculture. He stated that there are plenty of rules in place for making sure this operation runs smoothly. 161 Farms like this work in other locations, if it meets the requirements of the law, then it should be allowed. This farm uses modern farming technology, it will create jobs and all work is valuable, not just the high tech jobs and people. Some residents do not have a problem with this type of farm, and we actually encourage it. Kathy Wendling, Russell. Thanked the board for holding the large scale livestock workshop last Thursday. She is strongly encouraging the Board to adopt ATCP 51 and to begin work on County ordinances and other necessary regulations governing more than 100 animal units, to protect the health, safety, quality of life and property values of citizens of Bayfield County. She is very concerned about the proper management of manure as it contributes to nutrients, disease causing micro-organisms, and oxygen demanding organic to our waters and can degrade soil and quality, not only by odors but by ammonia and methane emissions. Hog manure is problematic, containing 2 to 3 times more nitrogen than cow manure, double the phosphates and sulfate. She asked the Board to consider requiring all new facilities with more than 100 animal units to install an anaerobic digester. The processing of waste through an anaerobic digester contains much of the odor by preventing the nitrogen breakdown into the cycle, lessens gas emissions, etc. She brought a handout for the Board to review on this subject. Wisconsin is the leader in the digester. Bayfield County could lead the way in Wisconsin by requiring an anaerobic digester on all farms with 100 or more animals. Alexander Waters – Town of Gingles. Thanked the Board for listening and restated the fact the Board has 2 years to do a moratorium, planning needs to be put in place. This will allow for careful studying and viewing. Chairman Pocernich stated that the 30 minutes for public comment was now done. A motion was made by Bussey/Crandall to dispense with the rule to allow for an additional 15 minutes of public comment. Discussion took place and a roll call vote was taken as follows: Crandall-yes; Rondeau-no; Meyers-absent; Bussey-yes; Jardine- no; Maki-no; Kittleson-yes; Bennett-yes; Pocernich-yes; Strand-yes; Williams-no; Bichanich-no; Miller-no. Total: 13; 6 yes, 6 no, 1 absent. The motion failed. Public comment is now closed. 3. Bayfield County Resolution No. 2014-56, In Appreciation of Beth Meyers. County Clerk, Scott Fibert, read the Resolution, which reads as follows: WHEREAS, Beth Meyers has served Bayfield County with distinction, honor and dedication as a member of the County Board for nearly 5 years; and WHEREAS, Beth has served as chair of Library, Health and Tribal Relations Committees; has served on the National Association of Counties Health Advisory committee, and has served as a Wisconsin Counties Association Ambassador; NOW, THEREFORE, BE IT RESOLVED, that the Bayfield County Board of Supervisors assembled this 9th day of December, 2014, honors Beth Meyers for her nearly 5 years of public service to Bayfield County and expresses gratitude for her efforts, wishing her well in the years ahead. 162 By Action of the Bayfield County Board of Supervisors Dennis Pocernich, Chairman A motion was made by Jardine/Kittleson to adopt Bayfield County Resolution No. 2014-56, In Appreciation of Beth Meyers. The motion carried. 4. Discussion and Possible Action Regarding CAFO (Concentrated Animal Feeding Operations. Before any discussion took place, Chairman Pocernich entertained a motion to suspend the rules to allow for Ben Dufford, County Conservationist and Robert Schierman, Zoning Administrator, to speak to the Board on the topic. A motion was made by Jardine/Bussey to suspend the rules to allow for Ben and Rob to speak to the County Board. Discussion. The motion carried. Abeles-Allison stated that this topic has been discussed for a couple months and the Board wanted an educational/learning session. An educational session was scheduled with the efforts of Ben, Rob, and Jason Fischbach, our UW-Extension Ag Agent; Matt Hudson, Sigurd Olson Environmental Institute; Larry Baumann, UWEX, UW-River Falls, Veterinarian; Douglas Casina, Agricultural Runoff Management Program and former Bayfield County Ass’t. Zoning Administrator; and Steve Stuss, DATCP, who works specifically with CAFO based in Wausau. Documents from the learning session can be found on the Bayfield County Webpage. Livestock siting issues talked about pertained specifically to items Bayfield County could do. Counties and municipalities can pass a variety of ordinances. In the Board’s packet was a sample ordinance from Douglas County that they currently have in place. Abeles-Allison turned the meeting over to Ben and Rob, who in turn thanked everyone that was involved and especially Jason who was the force behind this workshop at getting the other speakers involved. Ben and Rob addressed some concerns that came from the workshop. This topic is being viewed as something that will affect both Zoning and Land & Water Department. Many counties have developed ordinances for manure storage, livestock siting, setbacks, odor requirements and have moratoriums in place. Bayfield County has been presented with a challenge and we do not want to work fast or hasty. We want to come up with some language that meets the needs of all concerned. We have to look at the options very closely before slapping another ordinance in place. Ben and Rob’s recommendation is to have a joint meeting. We are proposing to address this independently as a committee now that we have gotten input from everyone. Discussion took place on when this could be done. It was suggested that the 3rd Thursday of this month (December), would be a good date. The timeliness of this subject issue is a concern. From reading of all of the documents, if an application is filed, prior to an ordinance in place, it refers to the applicant having a vested interest, or therefore being grandfathered into place. If we take several months, and an application is received, that application may be grandfathered in because they applied before the ordinance was in place. We have a lot of farmers, and the scope of this is much larger than we have ever seen. Most of Bayfield County’s farms do not even have 500 animals. We are talking 1,000 if not over animals in a unit. We don’t know how many animals are in the unit yet. Bayfield 163 County does not have regulations that apply for animals from 500 to 1000 animals. What the state law applies, in ACAP 51, sets forth a series of requirements that a locality can adopt to comply with. They are not in effect unless the municipality adopts them. 24 counties have passed the ordinances. The Wisconsin Counties Association, the Town’s Association and the Dept. of Agriculture, Trade & Consumer Protection have worked to come up with a model ordinance, which contains these regulations. A sample of that ordinance is in your packets this evening. These are reasonable regulations. We don’t need to recreate the wheel, they have been debated, considered, and we need to take a look at them and see if they would work for Bayfield County. We need to have in place for discretionary purposes. It is important to have a joint meeting with Land & Water and Zoning as well as a public hearing. We represent the public and they need to weigh in on this subject. This should come back to the board in January for action. Not in favor of a 2 year moratorium, but a 6 month maybe should be considered. The Supervisors discussed the number of animals that are being anticipated for this farm; the fact that this company has already purchased the land and is planning on starting up business, and also that we need to explore this further. Chairman Pocernich stated that he would like this to go back to the Zoning and Land & Water Departments for discussion as soon as possible. A motion was made by Bussey/Jardine to have the Zoning and Land & Water Departments hold a joint meeting and a public hearing for input from the public and to make initial recommendations back to the Board at their January meeting. Discussion. Chairman Pocernich wants to know who would run the meeting and Bussey stated that the Land & Water Department would be the logical department to run the meeting. The motion carried. 8. Bayfield County Resolution No. 2014-57, Department of Human Services 2014 Budget Amendments. Elizabeth Skulan, Human Services Director, was here to present the resolution. The Board dispensed with the reading of the Resolution, which reads as follows: WHEREAS, adjustments to and transfers within the Department of Human Services 2014 budget are necessary to satisfy state statutes and accounting principles; and WHEREAS, Human Services expects to exceed its 2014 budget authority; and WHEREAS, no additional county levy is required related to this increase in spending authority to the 2014 budget. NOW, THEREFORE, BE IT RESOLVED, that the Bayfield County Board of Supervisors assembled this 9th day of December, 2014, does hereby approve that the following additional 2014 budget line adjustments and recommends them to the full County Board for consideration. 164 By Action of the Bayfield County Board of Supervisors Dennis M. Pocernich, Chairman A motion was made by Rondeau/Williams to adopt Bayfield County Resolution No. 2014-57, Department of Human Services 2014 Budget Amendments. A roll call vote was taken as follows: Rondeau-yes; Meyers-absent; Bussey-yes; Jardine-yes; Maki-yes; Kittleson-yes; Bennett-yes; Pocernich-yes; Strand-yes; Williams-yes; Bichanich-yes; Miller-yes; Crandall-yes. Total: 13, 12 yes, 0 no, 1 absent, the motion carried. 9. A motion was made by Miller/Kittleson for the Bayfield County Board of Supervisors to move in and out of Executive Session pursuant to §19.85(1)(e), Deliberating or negotiating the purchasing of public properties, the investing of public funds, or conducting other specified public business, whenever competitive or bargaining reasons require a closes session; and §19.85(1)(g) conferring with legal 165 counsel for the governmental body who is rendering oral or written advice concerning strategy to be adopted by the body with respect to litigation in which it is or is likely to become involve with the exception of Item (C), and also allowing for Jason Bodine, Forest Administrator, to remain. Discussion took place on talking about the subjects in open session and not going into closed session. The motion carried. A motion was made by Bussey/Maki to move out of closeed session. The motion carried. 10. Report from Action in Closed Session i) Teamster Negotiations. A motion was made to approve the 1.57% increase and approve the Labor Union Agreement for 2015. A roll call vote was taken as follows: Meyers-absent; Bussey-yes; Jardine-yes; Maki-yes; Kittleson-yes; Bennett-yes; Pocernich-yes; Strand-yes; Williams-yes; Bichanich-yes; Miller-yes; Crandall-yes; Rondeau-yes. Total: 13, 12 yes, 0 no, 1 absent, the motion carried. ii) Non-Represented Employee Wages. A motion was made by Strand/Jardine to approve a 1.57% cost of living wage for non- represented employees. A roll call vote was taken as follows: Bussey- yes; Jardine-yes; Maki-yes; Kittleson-yes; Bennett-yes; Pocernich-yes; Strand-yes; Williams-yes; Bichanich-yes; Miller-yes; Crandall-yes; Rondeau-yes; Meyers-absent. Total: 13, 12 yes, 0 no, 1 absent, the motion carried. A motion was made by Bussey/Crandall that the following employees receive an adjustment to their current wages because their wages are below the median and this will go into effective January 1, 2015: 1) County Conservationist, at 99%, increase to 100% 2) Disability Benefit Specialist (JM), at 99%, increase to 100% 3) Chief Deputy, at 92%, increase 1/3 of the distance to 100%; 4) Jail Administrator, at 90%, increase 1/3 of the distance to 100% 5) Criminal Justice Coordinator, at 93%, increase 1/3 of the distance to 100% 6) Emergency Management Director, at 87%, increase 1/3 of the distance to 100% 7) Highway Shop Foreman, at 95%, increase 1/3 of the distance to 100% 8) Van Driver (LB), at 89%, increase 1/3 of the distance to 100%. A roll call vote took place as follows: Jardine-yes; Maki-yes; Kittleson- yes; Bennett-yes; Pocernich-yes; Strand-yes; Williams-yes; Bichanich- yes; Miller-yes; Crandall-yes; Rondeau-yes; Meyers-absent; Bussey- yes. Total: 13, 12 yes, 0 no, 1 absent, the motion carried. 166 10) Discussion and Possible Action Regarding CAFO (Concentrated Animal Feeding Operations) Moratorium. Supervisor Strand started discussion off by asking the Board to consider a moratorium for a period of time until discussion can be had with all entities. Discussion on who should take the lead that it probably should have gone to Zoning since it will be a zoning issue. It was given to Land & Water just to spearhead the meeting. If someone applies for permit before we have any regulations in place, we want to be sure that no one slips through. We could do a moratorium for 90 days or so. If someone applies before we have something in place, it won’t matter. No one is going to sue us in 90 days. Can we legally vote on a moratorium?. The law does allow moratoriums for the purpose of planning. To date, there have been no applications. The purchase of land is not viewed as a vesting interest. They will be applying for a CAFO permit. A short moratorium would allow us a little bit more time. Just so we get basic regulations up front and time to get something in place. A lengthy discussion took place. A motion was made by Bussey/Strand that we adopt a temporary moratorium on livestock facilities of 500 or more animal units as defined under State Law ATCP51, for a period of 60 days to give us the opportunity to look into our options of regulating livestock facilities of greater than 500 units. Another lengthy discussion took place. Supervisor Miller asked for a roll vote, which took place as follows: Maki-yes; Kittleson-yes; Bennett-yes; Pocernich-no; Strand-yes; Williams-no; Bichanich-no; Miller-no; Crandall-yes; Rondeau-no; Meyers-absent; Bussey-yes; Jardine-no. Total: 13, 6 yes, 6 no, 1 absent, the motion failed. A brief discussion on the filling of Supervisor Meyers’ position on the Board. Abeles-Allison stated that we are presently advertising for it and that this will come to the full Board in January. 11. Administrator’s Report: a) Superior Days. Superior Days is coming up on February 24th & 25th. The following is a list of items that will be discussed: Legislative Issues: 1) 1.2% local sales tax for county highways: DOA, DOR or DOT? 2) Improving mental health services; increasing MA for staff retention: DOA, DHS; 3) 911 Funding Change: DOA; 4) Highway 2 to four lanes: WEDC, DOT, Tourism. Agency Issues: 1) Wetland-City of Ashland: DNR 2) Business signage on state and county highways (both City of Ashland and Bayfield County issue): WEDC, DOT 3) Increase WEDC staffing in Wisconsin: WEDC 4) Road salt: DOT 167 5) Trails: combine healthy trail issue with Bayfield County Trail issue: DNR, Tourism 6) Increase PILT for County Forest Lands: DNR 7) Support development of dementia services and infrastructure in NW Wisconsin: DHS, CF 8) Expanding telecommunication infrastructure: DOA 9) Broadband internet expansion: DPI, EDC, DOA 10) Forest produces preference: DOA, DOR, DNR 11) Highway 13 passing lanes: DOT 12) Research vessel: DOA 13) Revolving loan fund increase and venture capital: WEDC, DOA 14) Driver’s Safety at Junction of 53 and 77: DOT 15) Relocated state jobs to NW WI: WEDC, and all agencies that we meet with b) Future County Board Meeting Dates:  Wed., Feb 18th due to possible Spring Primary on Feb. 17th  March 31st  April 21st 12. Supervisors’ Reports a) Committee Chair Reports NWRPL – Supervisor Crandall reported that they have met on a monthly basis. He wanted to point out 2 things: 1) Number of loans given out to Bayfield County businesses, they give expertise financial assistance; and (2) Clean Sweep – all the environmental waste that is collected that is toxic that can be recycled is done through them as they are the conduit for all of the grants that do the recycling. They are one of the most respected planning commissions in the state. There are 10 counties within the Northwest Regional Planning. Paralympics: Supervisor Rondeau reported on the huge amount of work that is being done for the Paralympics. The amount of technicality, volunteers, meetings, etc. that need to be done in order to make the event turn out. It is taking place and looking good. The ceremonies have been moved to Lakewoods. Homeland Security said downtown Cable wasn’t secure enough. The National Guard has donated tents and tent warmers. There being no further business to come before the Bayfield County Board of Supervisors, Chairman Pocernich adjourned the meeting at 8:10 p.m. Respectfully submitted, Scott S. Fibert, Bayfield County Clerk SSF/dmb