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Minutes of the
Bayfield County Board of Supervisors’ Budget Meeting
Of August 25, 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 6:03 p.m. Pocernich welcomed everyone to the meeting.
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; Wendling-present;
Bussey-present; Jardine-present. Total: 13; 13 present, 0 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; Jennifer Augustine, Director, Northern Lights Rehab Center; Myron Schuster and
Sheldon Johnson, Representatives from Northwest Regional Planning; Thomas Toepfer,
Highway Commissioner; Kay Cederberg, Clerk of Circuit Court; John Blahnik, guest
speaker; and community residents.
The Pledge of Allegiance was recited by all in attendance.
1. Moment of Silence in Memory of Herbert Glenn Spears, former Bayfield
County Board Supervisor. Supervisor Crandall gave a background of accomplishments
while Mr. Spears was on the County Board.
2. Public Hearing Regarding comprehensive Land Use Plan Changes of
Municipal Entities within Bayfield County.
A motion was made by Jardine/Maki to adjourn as a County Board and convene
as a Committee of the Whole to hold a public hearing regarding the Comprehensive
Land Use Plan Changes of Municipal Entities with Bayfield County. 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; Wendling-yes;
Bussey-yes; Jardine-yes; Maki-yes. Total: 13, 13 yes, 0 no. The motion carried.
Robert Schierman, Zoning Director, was not present to explain the purpose of this
Ordinance so Abeles-Allison explained in his absence. The purpose of the Public Hearing is
to allow seven (7) municipalities to be incorporated into the County’s Comprehensive Plan.
Topics addressed included: short term rentals, transportation, utilities, community
facilities, economic development, land use, parks and trails, land use map, zoning codes and
campground and shoreland policies. A brief discussion took place.
A motion was made by Jardine/Kittleson to adjourn as a Committee of the
Whole and to reconvene as a County Board. The motion carried.
3. Bayfield County Amendatory Ordinance No. 2015-20 Regarding,
Comprehensive Land Use Plan Changes of Municipal Entities with Bayfield County,
Wisconsin. The Board dispensed with the reading of the Ordinance, which reads as
follows:
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WHEREAS, Wisconsin Statues §66.1001 authorizes Bayfield County to create,
enact, and amend a comprehensive plan; and
WHEREAS, Wisconsin Statutes §66.1001(2) (h) sets forth specific requirements
for the Land Use (Section 7) element of any Comprehensive Plan; and
WHEREAS, the current Land Use element of the Bayfield County Comprehensive
Plan, contained in (Section 7) of the Bayfield County Comprehensive Plan, may not
contain all of the recent Land Use changes; and
WHEREAS, it is deemed to be in the best interest of the County of Bayfield
to review and discuss (Section 7) of the Bayfield County Municipal Entities with a
Comprehensive Plan to ensure all of the Land Use updates set forth are acknowledged
by the Bayfield County Board of Supervisors; and
WHEREAS, it is deemed to be in the best interest of the County of Bayfield,
to acknowledge the Town and City changes in the manner hereinafter set forth.
NOW, THEREFORE, BE IT RESOLVED THAT, the Bayfield County Board of
Supervisors does hereby acknowledge as follows:
Section 1. (Section 7) [Land Use] of the Bayfield County Comprehensive Plan is
hereby expanded to acknowledge the following changes to Land Use
throughout Bayfield County Municipal Entities included herein.
Section 7 [Land Use]
Town of Delta
o Town of Delta adopted a resolution for changes to short term rental
requirements.
o Attachment; Ordinance No. 20141216, posted December 18, 2014
Town of Clover
o Town of Clover adopted a resolution for changes to Transportation,
Utilities and Community Facilities, Economic Development and Land
Use.
o Attachment; Amendment number one, August 13, 2014.
Town of Barnes
o Town of Barnes adopted a resolution for changes to the Land Use Plan
in the Community Facilities and Utilities Chapter/Parks and Trail
Section.
o Attachment; meeting minutes from March 17, 2015.
Town of Eileen
o Town of Eileen adopted a resolution for changes to their Land Use
Map.
o Attachment; Town of Eileen meeting minutes from February 12, 2013.
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City of Washburn
o City of Washburn Plan Commission adopted a resolution for changes
to their zoning code.
o Attachment; City of Washburn Comprehensive Plan Amendment from
January 20, 2015.
Town of Cable
o Town of Cable adopted a resolution for changes to their Campground
and Shoreland policies.
o Attachment; PDF from Town of Cable.
Section 2. The Bayfield County Comprehensive Plan 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 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.
By Action of the
Bayfield County Board of Supervisors
Dennis M. Pocernich, Chairman
A motion was made by Bussey/Strand to adopt Bayfield County Amendatory
Ordinance No. 2015-20, Comprehensive (Land Use) Plan Changes of Municipal Entities
within Bayfield County, Wisconsin. The motion carried.
4. Northwest Regional Planning Budget Presentation. Sheldon Johnson and
Myron Schuster thanked the Board for allowing them time to be here to present and
discuss with the Board the importance of having the programs that Northwest Regional
Planning has to offer to Bayfield County. Northwest Regional Planning has been in place
since 1959. For the past five years, their budget request has been consist in the amount
of $23,000. The budget allocation helps to provide key components for Bayfield County
residents such as: Rehabilitation; Homebuyer Assistance; Owner-Occupied Rehabilitation;
Renter-Occupied Rehabilitation; Homebuyer Assistance; Handicapped Accessibility; and
Household Hazardous Waste Chemicals. Johnson reported that Bayfield County is the
leader with people bringing in their hazardous waste. We reached 15,500 pounds of
chemicals at the past Clean Sweeps. There is a good strong support of residents to keep
their communities clean. There is no charge to residents for these services. Businesses
and farmers also have access to these programs. Johnson thanked Tim Kane who helps
advertise the Clean Sweeps to the community.
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Myron Schuster thanked the Board for allowing him to speak to them today as well.
He announced that he will be retiring at the end of the year after 23 years, 13 as the
Executive Director. He stated that Johnson will be taking over his position. Schuster
stated that this planning commission was the first in the State and thanked the Board for
what the County has done; touching base on the economic development side. Bayfield
County presently has 53 loans in place worth approximately $3.2 million dollars. Schuster
reported that the Iron River Enterprise Center, another venture done in conjunction with
Northwest Regional Planning is doing well. Since the beginning of the Center, White
Winter Winery has been a tenant in the facility. We have now received word that another
business has just moved in and we have yet another tenant hopefully moving in the first of
the year. This is exciting and this venture is going well. He also reported on
defederalizing funds for this region. This would be a tremendous asset for the region.
Schuster again, thanked the Board and wished Bayfield County luck in the future.
At this time, John Blahnik, former County Board Supervisor, was invited to come forward
to say a few words to honor Schuster. Blahnik thanked the Board for including him in this
farewell. Blahnik gave a wonderful synopsis of Schuster’s background from the time he
entered college, married, and came to work for Northwest Regional Planning. However he
had to do a bit of a roast towards the end to honor the friend he had become. This ended
with everyone singing to him “hit the road jack” and wishing him well in his future
endeavors. Schuster again, said a few words and thanked everyone for their well wishes.
5. Public Comment:
Russ Sargeant, Hillside Dr., Washburn, came this evening to talk about the new
Verizon cell phone tower that Bayfield County and the City of Washburn are considering
putting up as partners. This tower would be located on Woodland Drive in Washburn. He
went over a bit of the information about the difference between a repeater station and
that of a cell phone tower. He was told by the Emergency Mgmt. department that what we
currently have in place does not work as well as it should. Sargeant is very familiar with
the different towers and his background for the knowledge. What we presently have in
place is 125’ high and not receiving transmission well from underlying areas. Several years
ago Verizon wanted to put a tower in and there wasn’t an issue then, why is it an issue now?
Sargeant said he has researched this proposed system, and he has been assured that the
160’ antenna would serve all of the needs that the City and County could possible need. The
Verizon tower would be 180’ plus an antenna of another 19’. This is going to be an eyesore,
not to mention the spewing of electronic waves 24/7, 365 days a year. Along with the
waves, there will be a constant buzzing sound and the possibility of people getting sick
from the electronic waves which will be much greater than what is presently there. A
repeater goes on and off, but a cell phone tower never turns off. Our property values will
suffer tremendously if this new tower is put in place of the old one. It is much larger, will
take up much more space, and the trees surrounding the tower, he assumed, will have to be
cut down. Sargeant asked the Board to do the right thing, make the best decision for the
residents that live up in that area.
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David Farrar, Fortier Road, Washburn, stated he has called and emailed every Supervisor
here this evening, asking for time to discuss this. He thanked those that responded to
him. Farrar is here to speak about the proposed Verizon cell phone tower. The cell phone
base is an industrial sized cell phone base station. This will have massive towers, those
similar to being located in open fields or on expressways. Not in the middle of a small
community such as Washburn. When the repeater tower was originally put in, there were
no homes up there. The area has changed. He stated he hoped the Board members have
visited the site, and looked at what is there versus what is being proposed. The residents
will be hearing buzzing sounds from the electronic magnetic fields which will constantly be
on. Farrar stated he has gotten the impression from the City and County Administrators
that they do not care about the local residents. He is asking that the Sheriff’s
Committee rescind the application. There are more appropriate locations in Bayfield
County to put a tower of this magnitude.
Paulette Embertson, Fortier Road, Washburn, stated she wanted to attend board
meeting to express her concerns about the proposed new tower on Woodland Drive. She
requested blueprints and was amazed at the difference in size. Trees will have to be cut
down which will then expose the structure to all of the residents surrounding the tower
site, which will be completely different from the way it looks now. Embertson thought
that because of the size of the tower and where it is located, and the number of people it
will effect, it should have to go before the full County Board; but, it is obvious that this
has not come before the full board. This type of tower will increase health risks. It has
been proven that when exposed to cell phone towers, the risk for cancer is increased over
time. She also read in the agreement that the County intends to encourage other
users……other cell phone users. This would mean even more radio waves. A 199’ cell phone
tower does not belong in the middle of a residential neighborhood and asked the Board to
look for an alternative sight.
6. Motion Approve the Minutes of the July 28, 2015 Bayfield County Board
of Supervisors’ Meeting. The Board dispensed with the reading of the minutes. A motion
was made by Jardine/Bichanich to adopt the minutes of the July 28, 2015, Bayfield
County Board of Supervisors’ Meeting. The motion carried.
7. Discussion and Possible Action Regarding Northern Lights Financial
Report and Credit Request. Jennifer Augustine, Administrator, of Northern Lights
Rehabilitation Centre, was present to speak to the Board regarding financial matters.
Augustine reported that the facility’s audit was completed and this is the first time that
Northern Lights has had an income. They are plugging along and making good strides.
Augustine was present to ask the Board for their continued support and for another slight
modification. Augustine stated that in September of 2014, a line of credit was issue to
Northern Lights and Promissory Note in the amount of $180,000. Northern Lights would
like to continue the line of credit at the rate of $150,000 level with an annual reduction of
$30,000 over the next five years. Augustine reported that Northern Lights is making
great strides with significant decreases in expenses, revenue is good and it has been a
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positive year. Discussion took place with Abeles-Allison explaining the line of credit and
Promissory Note.
A motion was made by Jardine/Maki to approve the Promissory Note and the
line of credit at the $150,000 level with an annual reduction of $30,000 over the
next five years. The motion carried.
8. Bayfield County Resolution No. 2015-45, Amending the 2015-2019
Bayfield County Comprehensive Outdoor Recreation Plan. Abeles-Allison explained that
Jason Bodine, Forest Administrator, could not be here this evening. This Plan is an
inventory and a listing of recommended improvements county-wide, which increase our
chances of funding for projects. One specific change to the Plan was for the Town of
Bayview, adding Houghton Point Park.
The Board dispensed with the reading of the Resolution, which reads as follows:
WHEREAS, during the April 21, 2015 County Board meeting (Resolution 2015-30),
Bayfield County approved the 2015-2019 Comprehensive Outdoor Recreation Plan
(hereafter, Plan); and
WHEREAS, this Plan outlines current and future outdoor recreation facility needs
of Bayfield County that can be adequately maintained and/or developed; and
WHEREAS, occasionally, this document will be updated to account for changes
and/or modifications in outdoor recreation planning and/or facility needs.
NOW, THEREFORE, BE IT RESOLVED that the Bayfield County Board of
Supervisors assembled this 25th day of August, 2015, hereby formally approves the
following amendment(s) to the Bayfield County Comprehensive Outdoor Recreation Plan;
Due to its length, a copy of the Plan is on file in the County Clerk’s folder for this
meeting.
By Action of the
Bayfield County Board of Supervisors
Dennis M. Pocernich, Chairman
A motion was made by Strand/Kittleson to adopt Bayfield County Resolution
No. 2015-45 Amending the 2015-2019 Bayfield County Comprehensive Outdoor
Recreation Plan. The motion carried.
9. Discussion and Possible Action Regarding Domestic Dog Killing Calf in the
Town of Oulu. Abeles-Allison explained that this claim was filed by Ron Becker with the
Town of Oulu on April 20, 2015. The Town had an investigation done by the Wisconsin
Cooperative Wildlife Damage Control Program. The report confirmed that Ron Becker’s
calf was indeed killed by a domestic dog or dogs. The damages suffered by Ron Becker are
$1,000. Discussion took place as to whether it was worth $1,000 at the time and now only
$700. The Town approved the claim , and now it is before the Board to pay the claim. If
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approved, the claim will come out of the dog license monies. Discussion on whether the
County has to pay this claim and it was stated that this is mandated through Wisconsin
Statutes that the County pays for claims of this type. A motion was made by
Bichanich/Strand to pay $700 for the domestic dog killing of the Ron Becker calf in
the Town of Oulu. Discussion as to how much is in the dog license fund now. Discussion
also took place on going after the dog owner to pay for the claim as the owner of the dog
was concerned about this. A roll call vote was taken as follows: Bennett-yes;
Pocernich-yes; Strand-yes; Williams-no; Bichanich-yes; Miller-yes; Crandall-yes;
Rondeau-yes; Wendling-yes; Bussey-yes; Jardine-yes; Maki-yes; Kittleson-yes;
Total: 13, 13 yes, 0 no. The motion carried.
At this time, Chairman Pocernich asked that Agenda Item #16 be moved up since
Highway Commissioner Tom Toepfer has been here to speak with the Board. The Board
gave their consent.
10. Discussion and Possible Action Regarding County Highway Weight
Restrictions. Chairman Pocernich stated that this was brought up by Supervisor Miller
and he asked to have this put on the agenda. The Board would like to know more about why
restrictions have been put on certain county roads. Toepfer asked what specific road was
being questioned and he was told County Highway D. Toepfer stated that test warrants
were done; he described the road base, and it was built to lesser standards and posted as
a Class B. Toepfer also stated that authority is given to the Highway Committee per
Wisconsin Statutes. The road in question has been getting along but it with the work that
has been done on it and to keep it up and running, it was necessary to post it. However, it
is only posted from Pioneer Road to County Highway M; from Huldah Pit Road to County
Highway M the road is sound for use. Permits can be issued for a one time use of the road
when needed. Discussion took place on weight limitations in the winter. Further
discussion as to why a limit of 80,000 pound limitation was placed on the road. Toepfer
stated that there has never been a request for a larger capacity and this has been
working. The restriction is 80,000 pounds year round. We are only restricting that
particular area. Discussion that Grand View to Pioneer Road is posted for a 90,000 weight
limit. Discussion took place on why the difference. It was stated that whatever the law is
for that particular road, is what it is posted. As the Highway Committee Chair, Bichanich
did not have any concerns with these postings.
Further discussion as to whether or not we are going to put road restrictions on all of the
county highways. There is a fear that we are going to be hurting people that help us do
the logging. The main issue is that a road had to be built and it didn’t have the proper road
base. We are trying to protect the road for the people living here, forestry, etc. This
road is a bad road, the best was done for it.
Chairman Pocernich suggested that if in the future supervisors are concerned about items
pertaining to restrictions, or anything else for that matter regarding highways, they
should go to the Highway Committee Meetings and have their questions addressed.
11. A motion was made by Crandall/Bichanich to move into executive session
pursuant to §19.85(1)(e); deliberating or negotiating the purchasing of public
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properties, the investing of public funds, or conducting other specified public
business, whenever competitive or bargaining reasons require a closed session. The
motion carried.
The Board took a 5-minute recess at 7:10 p.m.
A motion was made by Bussey/Jardine to move out of executive session. The
motion carried.
Abeles-Allison updated Greg Martinsen on the Board accepting his proposal. The
Board, however, would like to discuss his purchase of an additional 3½ acres a little more,
but they are prepared to accept his offer for what is transpiring now. As Abeles-Allison
was explaining where easements could run, Martinsen made it clear to the Board that he
does not want an easement down the middle of the property he is purchasing, but rather
to have it going down the property line. He stated that he will take care of this and that
something will be able to be worked out.
A motion was made by Bussey/Maki to approve the real estate agreements
presented to us between Bayfield County and Greg Martinson, the Town of Eileen and
the Bayfield Regional Food Producers Cooperative. Discussion by Martinsen regarding
the right of refusal clause. Abeles-Allison stated that this will be addressed by
Corporation Counsel. The motion carried.
A motion was made by Bussey/Williams to authorize and direct Abeles-Allison
to issue prospective responders to Xcel’s RFP, a binding letter of intent that Bayfield
County would entertain leasing a 10-acre parcel in the business park to the proposer
for a 20-year lease @ $1,250 per acre, per year. The motion carried.
Supervisor Rondeau left the meeting at 7:30 p.m.
12. Administrator’s Report:
a) Future County Board Meeting Dates are: September 29th, October 27th,
November 10th;
b) Annual WCA Conference: Dates are Sept. 20th thru 22nd;
c) 2016 Budget Meeting Dates: The Executive Committee budget meeting
dates have been set for Sept. 16th, 24th, 29th and 30th, all at 4:00 p.m. in the
EOC. Everyone is welcome to attend.
d) Fair Update: Supervisor Kittleson reported that we had a great fair this
year. Attendance was lower but we saved money on grand stand shows. We
had more exhibitors than in the past and the new improvements were well
received. The market sales were high even though we less animals than in
prior years. The sale also had more hogs than beef. Supervisors commented
that many people had spoken to them about getting a Sr. Citizen discount.
This will be something for the Fair Committee to think about. Other
concerns raised were regarding people in the swine tent wanting people to
watch a movie regarding CAFOs. There were complaints about this. Further
discussion on the fact that individual groups have the right to be at the fair,
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but they also have to abide by the rules; there really isn’t anything that we
can do as long as the rules are followed, which they were.
e) New Date for County/Tribal Board Meeting. Supervisor Wendling stated
that Sept. 8th was set for the new date to meet, however, the Tribal Council
is not available on that day. They want the entire Board to be able to attend
the meeting. It is extremely important that everyone can attend. No dates
were given to Wendling for future meeting dates. Discussion took place that
it is important to meet together. The Board discussed different dates that
they possibly would be available. The date of December 15th at 6:00 p.m. was
set, which if the County Board has a meeting date, they will meet
afterwards.
13. Supervisors’ Reports.
a) Large-Scale Livestock Committee Report. Supervisor Strand reported
that they have met one time since the last Board meeting. Attorney
Stoddard gave a presentation by the group he represents, “Farms Not
Factories.” His presentation was regarding a County Operating Ordinance
which would be different from the Siting Ordinance now in place. Instead
of identifying, the responsibilities would be placed on the applicant. This
week, the Committee will meet on Thurs., Aug. 27th at 1:30 and Robert
Thiboldeaux will be giving a presentation ono “Understanding Air Quality
Risks from Livestock Operations.” Thiboldeaux will also be presenting this
topic on Thursday at the Great Lakes Visitor’s Center from 6-7:30 p.m. for
the community.
b) Discussion Regarding Committee Meeting Dates and Times. Chairman
Pocernich stated conversation stating that a big concern is having meetings
in during the day. Many Supervisors work yet and to be here in the
afternoon is a big concern – it is even hard to get here by 4:00 p.m. If there
isn’t a quorum do we change meeting or meet without any action taking place?
Sometimes you have to look at who is on the committee and if an afternoon
meeting works, then keep that time and if it doesn’t then it has to change.
Discussion on afternoon meetings and it was the consensus of the Board to
scratch daytime meetings. The Supervisors wanted to stick to the dates
and times that have been set. It is too hard to reschedule everything.
14. Future Agenda Items. None.
There being no further business to come before the Bayfield County Board of
Supervisors, Chairman Pocernich adjourned the meeting at 7:55 p.m.
Respectfully submitted,
Scott S. Fibert,
Bayfield County Clerk
SSF/dmb