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Minutes of the
Bayfield County Board of Supervisors’ Budget Meeting
Of July 28, 2015 – 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 6:01 p.m. Pocernich welcomed everyone to the meeting.
Roll call was taken by County Clerk, Scott Fibert as follows: Wendling-present; Bussey-
present; Jardine-present; Maki-present; Kittleson-present; Bennett-present; Pocernich-
present; Strand-present; Williams-absent; Bichanich-present; Miller-present; Crandall-
present; Rondeau-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; Mark Abeles-Allison, County Administrator; Dawn Bellile, Deputy County Clerk;
Robert Schierman, Planning & Zoning Director; Kay Cederberg, Clerk of Circuit Court;
Brenda Spurlock, Criminal Justice Coordinator; Craig Parks, Maintenance Director and
community residents.
The Pledge of Allegiance was recited by all in attendance.
1. Public Comment:
Supervisor Maki commented on committee and board meeting times. The meetings
are scheduled pretty much for the same time every meeting. Afternoon meeting
were agreed to by committees as they fit into the work schedule of the people on
the committee. Most of us work out our week around the meeting that is coming up.
Speaking for himself, when you change meeting times, it is utter chaos for his work
week. Maki would like further discussion on this and to not change the times of the
meetings.
2. Motion Approve the Minutes of the June 30, 2015 Bayfield County
Board of Supervisors’ Meeting. The Board dispensed with the reading of the minutes. A
motion was made by Kittleson/Wendling to adopt the minutes of the June 30, 2015,
Bayfield County Board of Supervisors’ Meeting. The motion carried.
3. Presentation of 2014 Clerk of Circuit Court Annual Report. Kay
Cederberg, Clerk of Circuit Court, was present to go over her report with the Board.
Cederberg provided each of the board members with a copy of her report as well as
providing a powerpoint presentation. Cederberg explained the many areas of her
department. Cederberg also discussed with the Board their attempts to try to recover
delinquent monies through collection efforts, intercepting inmate accounts, and wage
assignments for people in prison. The department has also expanded the fee payments
whereby clients can pay their bills by using a credit card. Cederberg also stated that they
have a new interface with the Department of Corrections.
The Board asked questions of Cederberg concerning different areas of her report
which were answered accordingly.
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A copy of the powerpoint presentation is on file in the County Clerk’s office for
review.
A motion was made by Miller/Bennett to receive and place on file the 2014
Clerk of Circuit Court Annual Report. The motion carried.
4. Bayfield County Resolution No.2015-44, Northern Lights Debt Service
Waiver. Abeles-Allison explained that this Resolution was approved by the Executive
Committee to forward the same to the full Board for their review and passage. The Board
dispensed with the reading of the Resolution, which reads as follows:
WHEREAS, Bayfield County issued $5,9100,000 in bond for the Northern Lights
Services, Inc. in 2007; and
WHEREAS, the debt service coverage ratio in Section 7.13 of the Lease Agreement
between lessee and lessor was established at 125% for the entire life of the bonds; and
WHEREAS, the borrowed construction interest cannot be used in the ratio calculation;
WHEREAS, the bond payments are being made by lessee even at reduced revenue; and
WHEREAS, the Bayfield County Board previously authorized a Waiver to Section 7.13
Rate Covenant for Fiscal Year 2013 to debt service coverage of 20%.
NOW, THEREFORE, BE IT RESOLVED, that the Bayfield County Board of
Supervisors assembled this 28th day of July, 2015, approve an amended and Restated Lease
Agreement between Bayfield County, Wisconsin (Lessor) and Northern Lights Services, Inc.
(Lessee) including a waiver to the 2014 rate covenants in Northern Lights Services’ Lease
Agreement as follows:
Northern Lights Health Care Center shall maintain Net Revenue in Fiscal Year
2014 which shall equal at least 20% of the Total Principal and Interest require-
ments; and
BE IT FURTHER RESOLVED, that the depreciation fund shall be restored to at least
$100,000 by July 2017 and $150,000 by July 2018 and will continue to build to the $400,000
match by July, 2020.
By Action of the
BAYFIELD COUNTY BOARD OF SUPERVISORS
Dennis Pocernich, Chair
A motion was made by Jardine/Kittleson to adopt Bayfield County Resolution
No. 2015-44, Northern Lights Debt Service Waiver. It was mentioned that it would
have been nice if Jennifer Augustine could have been here for the meeting, and perhaps
she should be invited. Supervisor Wendling is the Board’s representative to the Nursing
Home and she will look into it. A roll call vote was taken as follows: Bussey-yes;
Jardine-yes; Maki-yes; Kittleson-yes; Bennett-yes; Pocernich-yes; Strand-yes;
Williams-absent; Bichanich-yes; Miller-yes; Crandall-yes; Rondeau-absent; Wendling-
yes. Total: 13, 11 yes, 0 no, 2 absent. The motion carried.
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5. Bayfield County Amendatory Ordinance No. 2015-16, Adoption of
Additional Standards in Bayfield County Ordinance Title 10, Motor Vehicles and
Traffic, Chapter 1 Traffic and Parking (Trans 305 Regulations). Abeles-Allison
explained that both the District Attorney and Sheriff made presentations to the
Executive Committee at two different times. These types of cases don’t come up very
often, however, if you adopt this section, it could lead to some cases from not being
thrown out of court. The Board dispensed with the reading of the Ordinance, which reads
as follows:
WHEREAS, Wisconsin Statutes §59.03(2) provides that, except as elsewhere
specifically provided in the statutes, the board of any county is vested with all powers of a
local, legislative and administrative character; and
WHEREAS, Wisconsin Statutes §59.02(2) permits the enactment of ordinances by
the County Board of Supervisors; and
WHEREAS, Section 2-2-3, Code of Ordinances, Bayfield County, Wisconsin,
authorizes County Board committees or individual supervisors to introduce proposed
ordinances; and
WHEREAS, it is deemed to be in the best interest of the County of Bayfield to
create subsection “e” “Adoption of Additional Standards” in Chapter 1 “Traffic and
Parking” of Title 10 “Motor Vehicles and Traffic,” Code of Ordinances, Bayfield County,
Wisconsin; and
WHEREAS, it is deemed to be in the best interest of the County of Bayfield that
the Code of Ordinances, Bayfield County, Wisconsin, be further modified and amended in
the manner hereinafter set forth.
NOW, THEREFORE, the Bayfield County Board of Supervisors does hereby ordain
as follows:
Section 1. Subsection e [Adoption of Additional Standards] of Section 10-1-1 [State
Traffic Laws Adopted] of Chapter 1 [Traffic and Parking] of Title 10 [Motor Vehicles and
Traffic] of the Code of Ordinances, Bayfield County, Wisconsin is hereby created to read
as follows:
Chapter 1 Traffic and Parking
Sec. 10-1-1 State Traffic Laws Adopted
(e) Adoption of Additional Standards. In addition to the Wisconsin Statutes and other
state laws adopted, there is also adopted in its entirety Chapter Trans. 305, Wis.
Adm. Code, entitled “Standards for Motor Vehicle Equipment,” including all
amendments to the same.
Section 2. 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.
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Section 3. SEVERABILITY. If a court of competent jurisdiction adjudges any section,
clause, provision, or portion of this ordinance unconstitutional or invalid, the remainder of
this ordinance shall not be affected thereby.
Section 4. EFFECTIVE DATE. This ordinance shall take effect and be in full force
from and after its passage.
Adopted by the Board of Supervisors of the County of Bayfield on the 28th day of July,
2015.
By Action of the
BAYFIELD COUNTY BOARD OF SUPERVISORS
Attested to by:
Dennis M. Pocernich, Chairman
A motion was made by Miller/Jardine to deny adopt of Ordinance No. 2015-
16, Adoption of Additional Standards in Bayfield County Ordinance Title 10, Motor
Vehicles and Traffic, Chapter 1 Traffic and Parking (Trans 305 Regulations).
Discussion took place regarding arguments that have come in Court. These are State
regulations that the District Attorney and Sheriff are asking that Bayfield County
implement into our Code of Ordinances. This was discussed at the Executive Committee
without either the District Attorney or Sheriff being present, was voted down. Why did
it come back to the Committee again and when it did, only the Sheriff showed up? The
District Attorney is not present again tonight to explain his reasoning for this to be
implemented. The Board discussed how many other counties have this in place and it
wasn’t known. A roll call vote was explained that a yes vote was to not adopt the
Ordinance. The vote took place as follows: Jardine-yes; Maki-yes; Kittleson-yes;
Bennett-yes; Pocernich-no; Strand-no; Williams-absent; Bichanich-yes; Miller-yes;
Crandall-no; Rondeau-absent; Wendling-no; Bussey-no. Total: 13, 6 yes, 5 no, 2
absent. The motion carried.
6. Bayfield County Resolution No. 2015-38, Housing Rehabilitation
Cooperative Agreement for Community Development Block Grant. Abeles-Allison
explained the purpose of this Resolution is to update the Cooperative Agreement since
Taylor County has been added to those involved in the Block Grant program. The Board
dispensed with the reading of the Resolution, which reads as follows:
This agreement entered into on this 28th day of July, 2015 by and between Bayfield
County and the Counties of Ashland, Burnett, Douglas, Iron, Price, Rusk, Sawyer, Taylor
and Washburn.
WITNESSED:
WHEREAS, Bayfield County has an identified need in the Northwest Regional
Housing Program area to provide decent housing and the Wisconsin Division of Housing is
making available housing funds to regions with a lead county agency, and
WHEREAS, Bayfield County contemplates submitting jointly with the Counties of
Ashland, Burnett, Douglas, Iron, Price, Rusk, Sawyer, Taylor, and Washburn an application
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for funds under the Community Development Block Grant - (CDBG) housing program of the
Wisconsin Division of Housing (DOH) for the purpose of meeting those needs, and
WHEREAS, Bayfield County and the Counties of Ashland, Burnett, Douglas, Iron,
Price, Rusk, Sawyer, Taylor, and Washburn desire to and are required to, enter into a
written cooperative agreement with each other to participate in such CDBG program, and
WHEREAS, Bayfield County and the Counties of Ashland, Burnett, Douglas, Iron,
Price, Rusk, Sawyer, Taylor, and Washburn understand that Douglas County will act as the
applicant and will have the ultimate responsibility to assume all obligations under the terms
of the grant including assuring compliance with all applicable laws and program regulations
and performance of all work in accordance with the grant contract.
WHEREAS, it is understood that the Department of Housing and Urban
Development
and DOH has access to all participants' grant records and authority to monitor all
activities,
NOW, THEREFORE, BE IT RESOLVED, that pursuant to Wisconsin Statutes
66.0301, the Counties of Ashland, Bayfield, Burnett, Douglas, Iron, Price, Rusk, Sawyer,
Taylor, and Washburn agree to cooperate in the submission of an application for such
funds, and agree to cooperate in the implementation of the submitted CDBG program, as
approved by the Department of Administration. Nothing contained in this agreement shall
deprive any municipality of any power or zoning, development control or other lawful
authority which it presently possesses.
ADOPTED on this 28th day of July, 2015.
By Action of the
BAYFIELD COUNTY BOARD OF SUPERVISORS
Attested to by:
Dennis M. Pocernich, Chairman
A motion was made by Crandall/Bichanich to adopt Bayfield County Resolution
No. 2015-38,Housing Rehabilitation Cooperative Agreement for Community
Development Block Grant. The motion carried.
7. Bayfield County Resolution No. 2015-39, Adoption of Policies Required
for Submission of Community Development Block Grants Regarding Use of Excessive
Force Regarding Housing Rehabilitation. Abeles-Allison explained that the Community
Development Block Grant Program has required that all units of government have this in
place that are part of the program. The Board dispensed with the reading of the
Resolution, which reads as follows:
WHEREAS, federal and state monies are available under the Community
Development Block Grant Program, administered by the State of Wisconsin; and
WHEREAS, the federal program requires that units of government receiving these
funds adopt and enforce the following:
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1. Bayfield County hereby prohibits the use of excessive force by law
enforcement agencies within its jurisdiction against any individuals
engaged in non-violent and civil rights demonstrations in accordance with
Section 519 of Public Law 101-144.
NOW, THEREFORE, BE IT RESOLVED, that the Bayfield County Board of
Supervisors assembled this 28th day of July, 2015, does hereby approve the resolution.
By Action of the
Bayfield County Board of Supervisors
Dennis M. Pocernich, Chairman
A motion was made by Crandall/Bennett to adopt Bayfield County Resolution
No. 2015-39, Adoption of Policies Required for Submission of Community Development
Block Grants Regarding Use of Excessive Force Regarding Housing Rehabilitation.
Discussion took place on what exactly excessive force would be. What our Sheriff’s
Department has in place is not complete enough for the federal government. If we want to
be able to receive further block grant dollars, we have to comply and adopt this resolution.
Chairman Pocernich asked County Clerk Fibert to explain how the CDBG Program works.
The program is good for Bayfield County residents. The motion carried with one
opposition.
8. Report of the Bayfield County Planning & Zoning Committee Regarding
the Rezone of Parcel 3, Town of Iron River Described as Lots Five (5) through
Twenty (20), Block Four (4), Hessey’s Addition; and Parcel 4, Town of Iron River,
described as Lot One (1) of CSM, No. 954, V. 726, P. 67, less the W 150’, both
Parcels in Section 8, Township 47N, Range 8 West, be changed from Commercial (C)
Residential-4 (R-4) and Industrial (I), to Municipal (M);
Report of the Bayfield County Planning & Zoning Committee Regarding the
Rezone of the Richard J. Allan Property located in the W½-SW¼-SE¼, Section 28,
T49N, R4W, Town of Bayview. The rezone is to be changed from Residential-
Recreational Business (R-RB) to Agricultural-One (Ag-1); and
Report of the Bayfield County Planning & Zoning Committee Regarding
Amendments of Sections 13-1-4; 13-1-21; 13-1-22; 13-1-24 and 13-1-62, Code
of Ordinances, Bayfield County, Wisconsin.
All of the Reports are on file in the County Clerk’s office for viewing. A motion
was made by Miller/Jardine to receive and place on file the following Reports:
Report of the Bayfield County Planning & Zoning Committee Regarding the
Rezone of Parcel 3, Town of Iron River Described as Lots Five (5) through Twenty
(20), Block Four (4), Hessey’s Addition; and Parcel 4, Town of Iron River, described
as Lot One (1) of CSM, No. 954, V. 726, P. 67, less the W 150’, both Parcels in
Section 8, Township 47N, Range 8 West, be changed from Commercial (C)
Residential-4 (R-4) and Industrial (I), to Municipal (M);
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Report of the Bayfield County Planning & Zoning Committee Regarding the
Rezone of the Richard J. Allan Property located in the W½-SW¼-SE¼, Section 28,
T49N, R4W, Town of Bayview. The rezone is to be changed from Residential-
Recreational Business (R-RB) to Agricultural-One (Ag-1); and
Report of the Bayfield County Planning & Zoning Committee Regarding
Amendments of Sections 13-1-4; 13-1-21; 13-1-22; 13-1-24 and 13-1-62, Code
of Ordinances, Bayfield County, Wisconsin.
The motion carried.
9. Bayfield County Zoning Amendatory Ordinance No. 2015-19, Regarding
the Rezone of Parcel 3, Town of Iron River Described as Lots Five (5) through
Twenty (20), Block Four (4), Hessey’s Addition; and Parcel 4, Town of Iron River,
described as Lot One (1) of CSM, No. 954, V. 726, P. 67, less the W 150’, both
Parcels in Section 8, Township 47N, Range 8 West, be changed from Commercial (C)
Residential-4 (R-4) and Industrial (I), to Municipal (M). Schierman explained the
Ordinance to the Board. 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:
(#9) [ 2 Parcels]
The Zoning of Town of Iron River. Parcel 3 is a 0.919-acre parcel (Tax ID #20261)
described as Lots Five (5) through Twenty (20), Block 4, Hessey’s Addition. Parcel 4 is a
1.73-acre parcel (Tax ID #19170), described as Lot 1 of Certified Survey Map No.954 in
V.726 P.67 less the W 150’, all (4) parcels in Section 8, Township 47 North, Range 8 West,
Town of Iron River, Bayfield County, be changed from Commercial (C); Residential-4 (R-
4) and Industrial (I) to Municipal (M).
The Bayfield County Planning and Zoning Committee recommendation is:
X Be Approved
Be Approved with modification
Be Disapproved.
Date: May 21, 2015
BAYFIELD COUNTY PLANNING AND ZONING COMMITTEE
William Bussey, Kenneth Jardine, Dennis Pocernich, Brett Rondeau, Fred Strand
A motion was made by Maki Jardine to adopt Bayfield County Zoning
Amendatory Ordinance No. 2015-19 Regarding the Rezone of Parcel 3, Town of Iron
River Described as Lots Five (5) through Twenty (20), Block Four (4), Hessey’s
Addition; and Parcel 4, Town of Iron River, described as Lot One (1) of CSM, No.
954, V. 726, P. 67, less the W 150’, both Parcels in Section 8, Township 47N,
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Range 8 West, be changed from Commercial (C) Residential-4 (R-4) and Industrial
(I), to Municipal (M). The motion carried.
10. Bayfield County Amendatory Ordinance No. 2015-17, Regarding the
Rezone of the Richard J. Allan Property located in the W½-SW¼-SE¼, Section 28,
T49N, R4W, Town of Bayview. The rezone is to be changed from Residential-
Recreational Business (R-RB) to Agricultural-One (Ag-1). 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 Richard J. Allan 5.14-acre parcel (ID# 6626) (V. 1117 P. 555), located in
the West Half of the Southwest Quarter of the Southeast Quarter (W½ SW¼ SE¼),
further described as starting at the Southwest corner of said SW¼ SE¼; thence running
North on the West line of said SW¼ SE¼, a distance of 640 feet to the point of
beginning; thence continuing North 380 feet; thence East on a line parallel to the South
line of said SW¼ SE¼ , a distance of 400 feet; thence South on a line parallel to the West
line of said SW¼ SE¼, a distance of 670 feet; thence West parallel with the South line of
said SW¼ SE¼, a distance of 250 feet; thence North on a line parallel to the West line of
said SW¼ SE¼, a distance of 290 feet; thence West parallel with the South line of said
SW¼ SE¼, a distance of 150 feet to the point of beginning, LESS Highway right-of-way, in
Section Twenty-Eight (28), Township Forty-Nine (49) N, Range Four (4) W, Town of
Bayview, Bayfield County, WI be changed from Residential-Recreational Business (R-RB
to Agricultural-One (Ag-1).
The Bayfield County Board of Supervisors decision is:
X Be Approved
Be Approved with modification
Be Disapproved
Refer back to Planning and Zoning with directions as
stated/noted and return for enactment or rejection
By Action of the
BAYFIELD COUNTY BOARD OF SUPERVISORS
Attested to by:
Dennis M. Pocernich, Bayfield County Chair
A motion was made by Bussey/Kittleson to adopt Bayfield County Zoning
Amendatory Ordinance No. 2015-17 Regarding the Rezone of the Richard J. Allan
Property located in the W½-SW¼-SE¼, Section 28, T49N, R4W, Town of Bayview.
The rezone is to be changed from Residential-Recreational Business (R-RB) to
Agricultural-One (Ag-1). Discussion took place. The motion carried with one
opposition.
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11. Bayfield County Zoning Amendatory Ordinance No. 2015-18, Regarding
Amendments of Sections 13-1-4; 13-1-21; 13-1-22; 13-1-24 and 13-1-62, Code
of Ordinances, Bayfield County, Wisconsin. Schierman explained that the purpose of
this Ordinance is for language cleanup and a few changes. The other part of the
Ordinance is for a new definition for breweries. We need to provide reasons for people to
come Bayfield County and home brewing is on the rise. It is his hope that they would be
encouraged to possibly open their own breweries with the passage of this Ordinance. 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:
AN ORDINANCE AMENDING SECTIONS 13-1-4; 13-1-22; and 13-1-62,
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 the
definitions set forth in Section 13-1-4(a) Code of Ordinances, Bayfield County, Wisconsin
to include definitions for the following terms: brewery/megabrewery; brewpub; farm
winery; microbrewery; micro-distillery; micro-winery; and winery; and
WHEREAS, it is deemed in the best interest of the County of Bayfield to amend Section
13-1-22(a)(4)e. relating to structures exempt under 59.692(1v) from shoreland setback
requirements to accurately reflect that the maximum overhang of the exempt structure is
twenty-four inches, not twenty-four feet; and
WHEREAS, it is deemed in the best interest of the County of Bayfield to create
subsection (4) in Section 13-1-22(b) Code of Ordinances to provide structural setbacks
from cul-de-sacs; and
WHEREAS, it is deemed in the best interest of the County of Bayfield to make a change
to the height restrictions language under Section 13-1-22(h) Code of Ordinances, Bayfield
County, Wisconsin to remove the requirement of a conditional land use permit for all
structures exceeding (35) feet in height in the shoreland area; and
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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 to remove
as a permissible use the word vineyard and to include among permissible uses the terms
brewery, megabrewery, microbrewery, micro-distillery, micro-winery, farm winery, and
winery and further to provide that said permissible uses shall be conditional uses in r-rb,
ag-1 and commercial zones; and
WHEREAS, it is deemed in the best interest of the County of Bayfield that the Code of
Ordinances, Bayfield County, Wisconsin be further modified and amended in the manner
hereinafter set forth;
NOW, THEREFORE, the Bayfield County Board of Supervisors does hereby ordain as
follows:
Section 1. Subsection (a)(4h),(4k),(22g),(37m),(37p),(37r),and (72m) of Section 13-1-4
[Definitions] of Article B [General Provisions of Chapter 1 [Zoning Code] or
Title 13 [Zoning of the Code of Ordinances], Bayfield County, Wisconsin is
hereby created to read as follows:
(4h) Brewery/Megabewery. A place too large or economically diversified to be a
microbewery. A building or establishment for commercially brewed beer or
other malt liquors where milling, malting, mashing, lautering, boiling,
fermenting, conditioning, filtering and filling occurs and produces more than
15,000 barrels of beer annually. A global business industry.
(4k) Brewpub. A brewpub is a restaurant or pub that sells beverages brewed or
distilled on the premises.
(22g) Farm Winery. A farm winery is a winery where the fruit, which is the
source of the wine, is usually produced on the farm (crop failure may require
a farm winery to outsource fruit). A farm winery may conduct tours and
classes and contain a brewpub, tasting room, and sales room for associated
merchandise.
(37m) Microbrewery. A microbrewery is a brewery that produces a small amount
of beer less than 15,000 US beer barrels (475,000 US Gallons) annually. A
microbrewery may conduct tours and classes and contain a brewpub, tasting
room, and sales room for associated merchandise.
(37p) Micro-distillery. A micro-distillery is a small distillery established to
produce beverage grade alcohol in relatively small quantities. A micro-
distillery may conduct tours and classes and contain a brewpub, tasting room,
and sales room for associated merchandise.
(37r) Micro-winery. A micro-winery is a small wine producer that does not
necessarily have its own vineyard, and may instead sources its fruit product
from outside suppliers. A micro-winery may conduct tours and classes and
contain a brewpub, tasting room, and sales room for associated merchandise.
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(72m) Winery. A winery is a building or property that produces wine, or a
business involved in the production of wine. A winery may conduct tours and
classes and contain a brewpub, tasting room, and sales room for associated
merchandise.
Section 2. Subsection (a)(4)e. [Structures Exempt Under 59.692(1v)] of Section 13-1-
22 [Setbacks and Height Restrictions] of Article B [General Provisions of
Chapter 1 [Zoning Code] or Title 13 [Zoning of the Code of Ordinances],
Bayfield County, Wisconsin is hereby amended to read as follows, with
deletions highlighted by the strike out feature (deletions) and additions
highlighted by the double underline feature (additions):
e. The structure shall not exceed a thirteen (13) foot height, with a
maximum overhang of twenty-four (24) feet.inches.
Section 3. Subsection (b)(4) [Highway Setbacks] of Section 13-1-22 [Setbacks and
Height Restrictions] of Article B [General Provisions of Chapter 1 [Zoning
Code] or Title 13 [Zoning of the Code of Ordinances], Bayfield County,
Wisconsin is hereby created to read as follows, with creations highlighted
by the double underline feature (creations):
(4) Cul-de-sac Setback. Setback of 75’ from centerline of a cul-de-sac or 30’
from ROW whichever is greater.
Section 4. Subsection (h) [Height Restrictions] of Section 13-1-22 [Setbacks and
Height Restrictions] of Article B [General Provisions of Chapter 1 [Zoning
Code] or Title 13 [Zoning of the Code of Ordinances], Bayfield County,
Wisconsin is hereby created to read as follows, with deletions highlighted by
the strike out feature (deletions)
(h) Height Restrictions. A conditional land use permit shall be required for any
structure within shoreland areas, which exceeds thirty-five (35) feet in
height, excluding farm and public utility structures. Within shoreland areas
no structures may be constructed taller than 35 feet in height. The height
of a structure shall be the difference in elevation between its highest point
and its lowest point of intersection with ground level, exclusive of chimneys,
communications, antennas, weather vanes, and lightning rods which do not
extend more than five (5) feet above the highest point on the roof.
Applications for land use permits for structures thirty (30) feet and more in
height shall include elevational drawings accurately showing the height of
the proposed structure as defined above.
Section 5. Subsection (a) 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 amended to read as
follows, with deletions highlighted by the strike out feature (deletions) and
additions highlighted by the double underline feature (additions):
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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 decision is:
X Be Approved
Be Approved with modification
Be Disapproved
Refer back to Planning and Zoning with directions as
stated/noted and return for enactment or rejection
By Action of the
BAYFIELD COUNTY BOARD OF SUPERVISORS
Attested to by:
Dennis M. Pocernich, Bayfield County Chair
A motion was made by Bussey/Jardine to adopt Bayfield County Zoning
Amendatory Ordinance No. 2015-18 Regarding Amendments of Sections 13-1-4;
13-1-21; 13-1-22; 13-1-24 and 13-1-62, Code of Ordinances, Bayfield County,
Wisconsin. Discussion took place. The motion carried.
Chairman Pocernich asked for the Board’s permission to move the agenda item
entitled “Changes Impacting Shoreland Zoning & Lakes Classifications” up on the agenda
for Schierman to speak now. The Board gave their permission.
Schierman discussed with the Board how Act 155 may or may not affect our
current zoning ordinances. Zoning has been founded on different rules that interact
together and he gave a few scenarios of a lake plat to be divided. Zoning standards are
PERMISSIBLE USES R-4
R-3
R-1
R-2 R-
RB C I M A-1 A-
2 F-1 F-2 W
Brewery-Megabrewery, (Bottling, Sales and
Associated Facilities) C C
Microbrewery, Micro-distillery, Micro-winery,
Farm Winery, Winery, Vineyard, (Bottling,
Sales and Associated Facilities)
SB
C C SB
C
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more restrictive. We might not be able to do this anymore. We may be forced with less
stringent language. Discussion took place on RR1 and RRB lot sizes. We aren’t sure that
we can have mixed classes anymore. Schierman said that he is speaking with corporation
counsel and the DNR to see what can be done about these new impacts and he will keep the
Board updated as he knows more. There were no public hearings on this item. Discussion
on counteracting this as a Board.
12. A motion was made by Miller/Maki 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 closed session; and to
allow Craig Parks, Maintenance Supervisor to remain as well: The motion carried.
A short recess was taken at this time.
A motion was made by Bussey/Jardine to move out of Executive Session into
Open Session. The motion carried.
A motion was made by Bussey Jardine to authorize the County Clerk, County
Board Chair and County Administrator to negotiate purchase agreements, execute
deeds and necessary agreements for the sale and transfer of:
1. The 5 acres of land to the Bayfield Regional Food Producers Cooperative
with a five year option on a 7 acre parcel to the South;
2. Negotiate with the Town of Eileen a swap of 7 acres of land on Hwy
137 in exchange for the conference center;
3. Negotiate sale of remainder of land to Martinsen including 1 out building
and 26 acres to the East to Ashland Construction/Randy Rust.
and to bring back to the County Board the agreements proposed to enter into
at the Board’s August meeting. The motion carried.
13. Discussion & Possible Action Regarding 3-Phase Electricity at the
Bayfield County Business Park. After earlier discussion, the Board stated that they will
keep this option open, but will not act on it at this time.
14. Administrator’s Report:
a) Future meetings: August 25th, September 29th, and Oct. 27th;
b) Reminded Board of the Annual WCA Conference;
c) Budget 2016 – work will begin on the budget shortly, budgets are due
in his office on Aug. 20th ;
d) The State Sharing Synopsis from WCC was very informative;
e) Fair Update – Supervisor Kittleson passed brochures and informed
Board members that she has signup sheets to help out at the gates –
each shift is for 2 hours. There have been tremendous improvements
to the fairgrounds, be sure to check them out.
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f) Construction projects: Gave an update on the Safe Room and Beef
Pavilion at the fairgrounds.
15. Supervisors’ Reports:
a) Supervisor Strand gave an update on the Livestock Committee;
b) Supervisor Miller informed everyone that Forestry is having another
great year for harvesting. He also brought up discussing County
highway weight restrictions;
c) Supervisor Maki brought up committee meeting dates and times.
This will be discussed at the proper oversight committee as well as
the highway weight restrictions and then brought to the full Board.
It was suggested that perhaps we need a refresher on County
procedures.
There being no further business to come before the Bayfield County Board of
Supervisors, Chairman Pocernich adjourned at 8:50 p.m.
Respectfully submitted,
Scott S. Fibert,
County Clerk
SSF/dmb