HomeMy WebLinkAboutCounty Board of Supervisors - Minutes - 12/15/2015417
Minutes of the
Bayfield County Board of Supervisors’ Budget Meeting
Of December 15, 2015 – 5:00 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 5:00 p.m. Pocernich welcomed everyone to the
meeting. Roll call was taken by County Clerk, Scott Fibert as follows: Rondeau-
present; Wendling-present; Bussey-present; Jardine-present; Maki-present; Kittleson-
present; Bennett-present; Pocernich-present; Strand-present; Williams-present;
Bichanich-present; Miller-present. Crandall-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; Robert Schierman, Zoning Director,
Paul Susienka, Sheriff, Elizabeth Skulan, DHS Director, Jason Bodine, Forest
Administrator, Terri Kramolis, Health Director; Tim Kane, UW-Ext. Extension
Educator; and Scottie Sandstrom, BCED Director.
The Pledge of Allegiance was recited by all in attendance.
1. Motion Regarding Minutes of Regular November 10, 2015 Meeting of
the Bayfield County Board of Supervisors. The Board dispensed with the reading of
the November 10, 21015 minutes. A motion was made by Strand/Miller to adopt the
Minutes of the November 10, 2015 Bayfield County Board of Supervisors’
Meeting. The motion carried.
2. Public Comment. No Comments.
3. Bayfield County Resolution No. 2015-64, Honoring Glenn Richardson
Upon His Retirement from the Highway Department. County Clerk Fibert read the
Resolution, which reads as follows:
WHEREAS, Glenn Richardson has served Bayfield County with distinction, honor
and dedication in the Highway Department for 29 years.
NOW, THEREFORE, BE IT RESOLVED, that the Bayfield County Board of
Supervisors assembled this 15th day of December, 2015, honors Glenn Richardson for
his 29 years of public service to Bayfield County and expresses gratitude for his
efforts, wishing him well in the years ahead.
By Action of the
Bayfield County Board of Supervisors
Dennis M. Pocernich, Chairman
A motion as made by Jardine/Maki to adopt Bayfield County Resolution No.
2015-64,Honoring Glenn Richardson Upon His Retirement from the Highway
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Department. The motion carried. Richard was unable to attend this evening’s
meeting.
4. Bayfield County Resolution No. 2016-65, Honoring Linda Ovaska Upon
Her Retirement from the Highway Department. Fibert read the Resolution, which
reads as follows:
WHEREAS, Linda Ovaska has served Bayfield County with distinction, honor and
dedication in the Highway Department for 11 years.
NOW, THEREFORE, BE IT RESOLVED, that the Bayfield County Board of
Supervisors assembled this 15th day of December, 2015, honors Linda Ovaska for her
11 years of public service to Bayfield County and expresses gratitude for her efforts,
wishing her well in the years ahead.
By Action of the
Bayfield County Board of Supervisors
Dennis M. Pocernich, Chairman
A motion as made by Maki/Kittleson to adopt Bayfield County Resolution
No. 2015-65, Honoring Linda Ovaska Upon Her Retirement from the Highway
Department. The motion carried. Ovaska was present to receive her plaque and
certificate and the Board wished her well.
5. Bayfield County Resolution No. 2015-66, Regarding Establishing an
Ad-Hoc Business Park Committee and Appointment of a 5-member Committee.
Abeles-Allison explained that Bayfield County is setting up an ad-hoc advisory
committee for overseeing the Ag Station property. He is asking for Board approval. A
motion was made by Bussey/Wendling to set up an Ad-Hoc Advisory Committee
for the Business Park. The motion carried.
Abeles-Allison informed the Board that the openings for the advisory
committee were advertised. The Executive Committee met and made a
recommendation that Mike BeBeau, representing a utility company; and Leo Carlson
representing the business sector be appointed. The remaining people would be on the
Committee would be Supervisor Brett Rondeau, Mark Abeles-Allison, County
Administrator, and Scottie Sandstrom from BCED.
A motion was made by Bussey/Maki to appoint Mike Bebeau, Leo Carlson,
Brett Rondeau, Mark Abeles-Allison and Scottie Sandstrom to the Ad-Hoc
Advisory Committee for the Business Park. The motion carried.
6. Bayfield County Resolution No. 2015-67, 2014 Department of
Human Services Budget Adjustments. Elizabeth Skulan, Director, of the Human
Services Department was present to explain how these additional State and Federal
funds were received.
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WHEREAS, adjustments to and transfers within the Department of Human
Services 2015 budget are necessary to satisfy state statutes and accounting
principles; and
WHEREAS, Human Services expects to exceed its 2015 budget authority; and
WHEREAS, no additional county levy is required related to this increase in
spending authority to the 2015 budget.
NOW, THEREFORE, BE IT RESOLVED, that the Bayfield County Board of
Services Board assembled this 15th day of December 2015, does hereby approve the
following additional 2015 budget line adjustments:
Account Number Description Adjustments
Revenue Adjustments
235-50-46650 AMSO 300$
235-50-43560-153 C.A.R.E.13,823$
235-50-43560-107 FS, St / FED Revenue, CCS & Winnebago 119,000$
235-50-43560-103 ES, St / Fed Revenue-NIMC-Child Care 6,000$
235-50-43560-104 ES, St/Fed Revenue, ABAWD 43,517$
235-50-43560-159 ADRC North, St / Fed Revenue 225,000$
407,640$
Expenditure Adjustments
235-53-54520-50299 FS, CCS & Health Check 83,610$
235-53-54520-50810 FS, C.A.R.E.13,823$
235-54-54420-50299 ES, General Relief 2,000$
235-54-54411-50810 ES. PPACA, Equipment 3,983$
235-54-54412-50121 ES. ABAWD, Provided Services 72,224$
235-55-54320-50299 A&D, Protective Placements 7,000$
235-59-54590-50290 ADRC-N & DCS , Services 225,000$
407,640$
By Action of the
Bayfield County Board of Supervisors
Dennis M. Pocernich, Chairman
A motion was made by Crandall/Williams to adopt Bayfield County Resolution
No. 2015-67, 2014 Department of Human Services Budget Adjustments.
Discussion that this doesn’t increase the County levy. A roll call vote was taken as
follows: Strand-yes; Williams;-yes; Bichanich-yes; Miller-yes; Crandall-yes;
Rondeau-yes; Wendling-yes; Bussey-yes; Jardine-yes; Maki-yes; Kittleson-yes;
Bennett-yes; Pocernich-yes. The motion carried.
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7. Report of the Bayfield County Planning & Zoning Committee Regarding
the Steven & Yvonne Cox Property and Clifford Halvorson Property. Zoning
Director, Rob Schierman explained that this is to correct prior zoning. The Cox
property was zoned Commercial and the Halvorson property was zoned agricultural and
it should have been the other way around.
a) The rezone of the Steven & Yvonne Cox property described as a parcel
in the NE¼- NE¼, located in Section 19, Township 51N, Range 4W, Town
of Russell, Bayfield County, WI; be changed from Commercial (C) to
Agricultural-One (AG-1); which reads as follows:
TO: The County Board of Supervisors of Bayfield County on the hearing of
petitions to amend the Bayfield County Zoning Ordinance.
The Planning and Zoning Committee of the Bayfield County Board of Supervisors,
having held a public hearing pursuant to Section 59.69(5)(e), Wisconsin Statutes;
notice thereof having been given as provided by law; and having been duly
informed of the facts pertinent to the following changes; hereby recommends the
following action on said petition:
The Zoning of Steven & Yvonne Cox 4.42-acre parcel (Tax ID #29163) described as a
parcel in NE ¼ of the NE ¼ in Volume 684, Page 48; LESS parcel for Hwy in Volume
476, Page 136, Section 19, Township 51 North, Range 4 West, Town of Russell,
Bayfield County, WI be changed from Commercial (C) to Agricultural-One (Ag-1).
The Bayfield County Planning and Zoning Committee recommendation is:
Be Approved
Be Approved with modification
Be Disapproved.
Date: October 15, 2015 and November 19, 2015
BAYFIELD COUNTY PLANNING AND ZONING COMMITTEE
William Bussey, Kenneth Jardine, Dennis Pocernich, Brett Rondeau, Fred Strand
b) The rezone of the Clifford Halvorson property described as NE¼- NE¼
and NW¼- NE¼, located in Section 19, Township 51N, Range 4W, Town of
Russell, Bayfield County, WI; be changed from Agricultural-One (AG-1)
to Commercial (C).
TO: The County Board of Supervisors of Bayfield County on the hearing of
petitions to amend the Bayfield County Zoning Ordinance.
The Planning and Zoning Committee of the Bayfield County Board of Supervisors,
having held a public hearing pursuant to Section 59.69(5)(e), Wisconsin Statutes;
notice thereof having been given as provided by law; and having been duly
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informed of the facts pertinent to the following changes; hereby recommends the
following action on said petition:
The Zoning of Clifford Halvorson 6.0-acre parcel (Tax ID #29162) described as that
part of the NE NE and NW NE lying N of US Hwy 13, in V. 808 P. 202 and V. 829 P.
802-803, Section 19, Township 51 North, Range 4 West, Town of Russell, Bayfield
County, WI be changed from Agricultural-One (Ag-1) to Commercial.
(* Note: parcels within one thousand (1,000) feet landward of the ordinary high water
mark of navigable lakes, ponds or flowages or within three hundred (300) feet
landward of the ordinary high water mark of navigable rivers or streams or to the
landward side of the floodplain, whichever distance is greater is deemed a shoreland
and/or wetland zone).
The Bayfield County Planning and Zoning Committee recommendation is:
Be Approved
Be Approved with modification
Be Disapproved.
Date: October 15, 2015 and November 19, 2015
BAYFIELD COUNTY PLANNING AND ZONING COMMITTEE
William Bussey, Kenneth Jardine, Dennis Pocernich, Brett Rondeau, Fred Strand
A motion was made by Jardine/Rondeau to receive and place on file the
Reports of the Bayfield County Planning & Zoning Committee Regarding the Steven
& Yvonne Cox and Clifford Halvorson property. The motion carried.
8. Bayfield County Zoning Amendatory Ordinance No. 2015-21
Regarding the rezone of the Steven & Yvonne Cox property described as NE¼-
NE¼, located in Section 19, Township 51N, Range 4W, Town of Russell, Bayfield
County, WI; be changed from Commercial (C) to Agricultural-One (AG-1). A
motion was made by Wendling/Jardine to adopt Bayfield County Zoning
Amendatory Ordinance No. 2015-21 Regarding the rezone of the Steven &
Yvonne Cox property described as NE¼-NE¼, located in Section 19, Township
51N, Range 4W, Town of Russell, Bayfield County, WI; be changed from
Commercial (C) to Agricultural-One (AG-1). The motion carried.
9. Bayfield County Zoning Amendatory Ordinance No. 2015-22
Regarding the rezone of the Clifford Halvorson property described as NE¼- NE¼
and NW¼- NE¼, located in Section 19, Township 51N, Range 4W, Town of
Russell, Bayfield County, WI; be changed from Agricultural-One (AG-1) to
Commercial (C). A motion was made by Jardine/Wendling to adopt Bayfield
Zoning Amendatory Ordinance No. 2015-22 Regarding the rezone of the Clifford
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Halvorson property described as NE¼- NE¼ and NW¼- NE¼, located in Section
19, Township 51N, Range 4W, Town of Russell, Bayfield County, WI; be changed
from Agricultural-One (AG-1) to Commercial (C). The motion carried.
10. Bayfield County Resolution No. 2015-68, Withdrawal from County
Forest Law. Forest Administrator, Jason Bodine, was present to explain the
Resolution and informed the Board that the Forestry & Parks Committee approved the
sale of 3-acres. The Board was shown a map which depicted the property in question.
However, in order to sell the property, it has to be withdrawn from County Forest Law.
The Board dispensed with the reading of the Resolution, which reads as follows:
WHEREAS, Bayfield County recently had a request to sell approximately three
acres of County Forest land to an adjacent landowner in the Town of Hughes; and
WHEREAS, on occasion, Bayfield County will identify isolated, irregular and/or
obscure parcels of County Forest land and consider options for trade or sale; and
WHEREAS, typically, identified parcels are determined to provide relatively
minor public benefit and/or contribute little towards sustaining the overall mission of
the Forestry and Parks Department; and
WHEREAS, approximately three acres of County Forest land, described as a
strip of land north of Mortenson Road, located in part of the SE NW, Section 2,
Township 47 North, Range 9 West, in the Town of Hughes, has been identified as the
land in question; and
WHEREAS, Bayfield County would like sell the above described parcel and
reinvest all proceeds in other forest land that will provide increased benefit to the
public and better meet the objectives of the County Forest; and
WHEREAS, the sale of County Forest land currently enrolled in County Forest
Law is inconsistent with the purposes set forth in s. 28.11, Wisconsin Statutes (County
Forest Law) ; and
WHEREAS, any proposal to sell County Forest land will first require filing an
application to withdraw said parcel from County Forest Law; and
WHEREAS, the Bayfield County Forestry and Parks Committee and the
Development and Land Sales Committee have recommended the sale of the above
parcel, with all proceeds being reinvested in land that would be enrolled as County
Forest.
NOW, THEREFORE, BE IT RESOLVED, that the Bayfield County Board of
Supervisors assembled this 15th day of December, 2015, authorizes the Bayfield
County Forestry and Parks Administrator, on behalf of Bayfield County, to make
application to the Wisconsin Department of Natural Resources, pursuant to Section
28.11(11), Wisconsin Statutes, to withdraw the real estate described in the attached
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Exhibit A from the provisions of the County Forest Law (Section 28.11, Wisconsin
Statutes).
By Action of the
Bayfield County Board of Supervisors
Dennis M. Pocernich, Chairman
A motion was made by Rondeau/Kittleson to adopt Bayfield County
Resolution No. 2015-68, Withdrawal from County Forest Law. The motion
carried.
11. Discussion and Possible Action Regarding Recap of Central Cross-
Country Skiing on Old Telemark Property. Supervisor Rondeau informed the Board
that Gary Nueshoff asked him to speak on his behalf about the economic impact of
snowmaking at Telemark. Rondeau passed out documentation for the Board to review
as he spoke. Rondeau stated that the season began this year on Friday, Nov. 20, 2015
when CXC began making snow at Telemark. By Tuesday, Telemark had 1K of fully
groomed trails making them the first groomed ski trails in the entire Midwest, noting
that 100’s of skiers came from 5 different states.
On Nov. 28th, 300 skiers competed, 4 from high school teams from Minnesota, 5
high school teams from Wisconsin, and 3 college teams from both states who trained
over the last weekend in November.
He went on to list the other activities that will be coming to Telemark
throughout the season because they know there will be snow readily available for the
competitions.
Rondeau reminded the Board of the long debate the Board had on whether or
not to fund the portable pump just prior to the IPC World Cup in January of 2012. As
you can see it has paid off and then some. It is still working for the benefit of the
area. Rondeau thanked the Board of listening to him and for help supporting these
activities through the portable snow pump. It has paid off.
12. Administrator’s Report:
a) Future meetings: January 19th - Special Meeting for the purpose
of the Wage Study Presentation - 6:00 p.m.
b) Superior Days: Feb. 15 – 16th. This will be a shorter event,
discussed possible topics such as EMS requirements in rural areas.
A major topic, ½% sales tax increase. The Board has talked about
this for some time. Each County would be able to vote for ½%
which could specifically go to roads. Discussed on whether or not
some of the monies should go to the towns as well. The original
way it was written states County roads. Douglas County will be
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taking the lead on this topic. Signage on State highways – are
working on several areas.
13. Supervisors’ Reports:
a) Large-Scale Livestock Committee Report. Supervisor Strand
reported that the Committee has completed its Draft Report and
it has been placed in the Drop Box for anyone to read, on the
County’s Website and on the UW-Extension Website. This
Thursday, Dec. 17th, there will be a formal public hearing which will
be held at the Visitor’s Center. This is for public input and we will
receive public comments. The Committee is encouraging written
and electronic comments as well. The County has set up a webpage
to submit these comments which will be received until Dec. 27th.
Fellow Board members were encouraged to look over the Report
and if you have questions about it tell us so we can consider and
address them on Jan. 26th. The Report, Operations Ordinance and
all comments will be presented to the Board on that date.
It was also explained that the public hearing will be conducted as a
regular meeting of the Livestock Committee and everyone will be
allowed to speak for 3 minutes. Board members were encouraged
to attend the meeting.
b) Abeles-Allison announced that this meeting will be the last
meeting for Terri Kramolis to attend. She will be leaving Bayfield
County on January 24th for her new position at MMC.
At 5:30 the Bayfield County Board of Supervisors took a short break and
greeted the Red Cliff Tribal Council for their upcoming Joint Meeting afterwards.
Joint Meeting Between the Bayfield County Board of Supervisors and the
Red Cliff Band of Lake Superior Chippewa Tribal Council
1. Call to Order. Bayfield County Board Chairman, Dennis Pocernich
reconvened the meeting and called the Joint Meeting between the Bayfield County
Board of Supervisors and the Red Cliff Band of Lake Superior Chippewa Tribal Council
to order. Introductions were made and the meeting was then turned over to Bryan
Bainbridge, Tribal Chair. Present were the entire Board of Supervisors as well as the
entire Tribal Council, along with David Ujke, Tribal Council, John Carlson, Corporation
Counsel, and John Anderson, Circuit Court Judge.
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2. Roll Call. Chairman, Bainbridge asked Gordon to take roll call on behalf
of the Tribal Council, noting Marvin DeFoe absent.
3. Approval of Agenda. A motion was made by Boyd/Gordon to approve
the Agenda for this evening’s meeting. The motion carried.
4. Tribal Opening. Bainbridge stated to everyone that the opening of this
meeting was ceremonial. It was asked of everyone attending that no pictures be
taken. He then turned this part over to the Jim Pete. This is a very important
meeting that has been in the making for over 100 years for the two entities to meet
and come together. Jim asked the Creator to help us today and to look upon us in a
kind way. He prayed to the North, South, East and West Creator Spirit and heaven
and Mother Earth, that we have a good day and good life and we conduct ourselves in a
good way. He passed around a small bowl of smoke representing the spirits and
everyone waived the smoke upon them for the spirits to enter.
Pocernich welcomed everyone, stating that this is a historical event. Tonight we
begin to grow bigger than our differences and offer to everyone regardless of our
historical rights and wrongs a friendly welcome and an outstretched hand.
Bainbridge also thanked the Board for hosting this historic meeting and stated
he felt honored to sit here with the Tribal Council. He has been on the Council since
2011 and has been trying to have this meeting take place since then. Moving forward is
important. We have to know who we are talking to and know where to go when we have
questions to ask. It is very, very important to know what the roles are on both sides
of the table; how we do business. If we can get past that and can’t understand it, we
can’t move forward. He would like to see more communication. Both Bayfield County
and Red Cliff have many departments and agencies that work together; some well and
some simply do not know how to deal with the Tribe. There are a lot of misconceptions
out there and many things he wants to put to bed. All of this starts with building a
relationship. He is hopeful from this day forward that everyone will all have somewhat
of an understanding of the wants and needs in Red Cliff and also in Bayfield County.
Bainbridge again thanked the Board for having this meeting and hopes everyone has an
open mind.
Pocernich next introduced Dave Ujke, Tribal Counsel, who spoke from a power
point explaining the history of the Ojibwe Nation. Ujke explained treaties, the
Federal Indian Policy, Tribal land ownership, Sovereignty, and jurisdiction. Pocernich
thanked Ujke for putting this information together for everyone. It was very
informative and an important document to be able to start from the beginning so
everyone knows where they are coming from.
Pocernich then introduced John Carlson, Corporation Counsel from the firm of
Spears, Carlson & Coleman. Carlson gave a general overview of County government and
how it is structured. Bayfield County is 1 of 72 counties within the State of
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Wisconsin, consisting of 28 municipalities; 2 cities, 25 towns and 1 village. The County
Board is comprised of 13 Supervisors which represent the 28 municipalities which are
structured within the 13 districts. Carlson went on to state that beyond on the County
Board, there are 26 committees that the Supervisors represent. Bayfield County also
has constitutional officers; County Clerk, Treasurer, Sheriff, Clerk of Circuit Court,
Register of Deeds, District Attorney, Judge (judicial not county). Carlson informed
everyone that Bayfield County has approximately 200 employees
There are then department heads and administration. Many departments
presently interact with Red Cliff such as the Human Services and Child Support
offices. Carlson spoke of cases that are presently being transferred to Red Cliff as
they relate to Mr. Ujke’s statement of having jurisdiction over their own cases. On a
day to day basis, Bayfield County is learning to work well with other counter parts such
as Red Cliff and we both have to learn where each one is coming from and what laws
there are for what entities. Thus far, we feel we are doing better than previously and
there is always room for improvement.
At this point, the floor was opened up for discussion between the Tribal Council
and County Board and both Chairs acknowledged their members and heard from those
that wished to speak. Discussion took place on wanting to have this meeting first so
that the two entities could move forward. We do need to talk with each other
regarding timber sales and MOU’s, but tonight isn’t the night for that. We will
hopefully be having a few more meetings whereby we will be able to express our
concerns and have a chance to discuss issues we both have. It was mentioned that the
Tribal Council is always welcome to attend the Forestry Committee meetings and
discuss things with the Committee.
Chairman Bainbridge was asked if the Tribal Council could identify 3 issues that
would be helpful to work on to make progress for Tribal/County relations.
Bainbridge responded with tribal lands, natural resources, CAFO. Pocernich was asked
about the County’s stance on the CAFO issue which was then referred to Supervisor
Strand who updated both bodies on what has been taking place at the Large-Scale
Committee meetings.
Audience members asked if they could speak. Pocernich asked the Board if
they would like to suspend the rules to allow for this. A motion was made by
Wendling/Bussey to suspend the rules to allow audience members to speak. The
motion carried.
Kathryn Morriseau – stated she brought something from her ancestors – spirit
rocks. Last time she was here she urged everyone to hear her, the decisions that we
make today are important for our future.
Sandy Gokee – stated she is in the process of moving back to Red Cliff and
hopes to one day be on the Tribal Council. As a woman, we are keepers of the water.
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You have heard a little bit about our history and of what Lake Superior means to us.
We are more than a fishing community. It isn’t just economics, it is spirituality,
everything we are and what we will be in the future. Encouraged everyone to take this
into consideration. It is not when we get the CAFO, it is when we stop the CAFO.
Discussion turned to inform everyone that the County is limited by State law as
to how we can regulate the CAFO. It was suggested that perhaps the Tribe has ways
to regulate the CAFO. What options does the tribe have - we need your help too.
The County can’t pass a law prohibiting the CAFO from coming. We can adopt
regulations. We have a moratorium in place to see if we can put more stringent
regulations in place. We have to prove that we are protecting the health and safety of
everyone. The County Board appointed Large-Scale Livestock Study Committee to
look into these options to see if more could be done. The Committee has done more
work on this and there will be a public hearing on this. The Tribe informed the Board
that they have done statement to the DNR.
After discussion were completed, Pocernich asked what the significance was to
the pouch of tobacco that was presented to everyone, so as to understand its meaning.
Bainbridge explained that it is given back to the earth in the same way it was gotten.
You have to give thanks with it, for instance, for this big body of water that we live
on; it then goes back to the air to the water.
Further discussion took place on meeting in the future. A tentative time frame
was set up to meet twice a year in the spring and fall. An agenda will be set up for
issues from both parties to be addressed. Everyone was appreciative for bring items
up and some we perhaps aren’t even aware of. The County belongs to everyone and we
need to take care of it. We don’t show our appreciation like we should and hopefully
this won’t happen any longer. Both Chairs again thanked each other for the meeting
and stated that if they need answer or things straightened out to please contact one
another. Each of the entities went around the room and thanked each other for
coming and for having the meeting.
There being no further business to come before the Bayfield County Board
of Supervisors, Chairman Pocernich adjourned the County Board meeting at 7:15
p.m.
The Red Cliff Tribe remained in order to conduct a brief meeting and then
adjourned.
Respectfully submitted,
Scott S. Fibert,
Bayfield county Clerk
SSF/dmb