HomeMy WebLinkAboutCounty Board of Supervisors - Minutes - 7/19/2016
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Minutes of the
Bayfield County Board of Supervisors’ Meeting
July 19, 2016 – 6:00 p.m.
Bayfield County Board Room, Courthouse, Washburn, Wisconsin
Chairman Pocernich called the meeting to order at 6:08 pm. A roll call was taken as
follows: Silbert-present; Pocernich-present; Strand-present; Williams-absent; Coughtry-
present; Miller-absent; Crandall-present; Rondeau-present; Goodwin-absent; Bussey-
present; Fickbohm-present; Maki-present; Oswald-present. Total 13: 10 present, 3
absent. A quorum was present to conduct business. The following were also present for
the portion of today’s meeting: Mark Abeles-Allison, County Administrator; Dawn M.
Bellile, Deputy County Clerk; Reba Rice, Representative from NorthLakes Community Clinic;
Beth Meyers, State Representative for Assembly District 74; Mary Hoeft, Candidate for
U.S. Representative in Congress for District 7; Sara Wartman, Health Dept. Director; Jan
Victorson, Emergency Mgmt. Coordinator; Thomas Toepfer, Hwy. Commissioner; Robyn
Lulich & family; Paul Susienka, Sheriff; Brenda Spurlock; Criminal Justice Coordinator;
Tim Kane, UW-Extension Educator; John Carlson and Linda Coleman, Corporation Counsel;
and Sara Chase, Ashland Daily Press Reporter;
The Pledge of Allegiance was recited by all in attendance.
Chairman asked for a moment of silence in memory of those lost during the recent
flood and for their families.
1. Motion Regarding Minutes of June 21st, 2016, Bayfield County Board of
Supervisors’ Meeting. The Board dispensed with the reading of the Minutes. A motion
was made by Rondeau/Oswald to adopt the minutes of June 21st, 2016, Bayfield
County Board of Supervisors’ Meeting. The motion carried.
2. Public Comment:
Catherine Morisseau was present to speak of how outraged she was regarding the
DNR’s response to the manure storage ordinance. She spoke of her lineage and how it can
be traced back through all of our history here. She commended the Board on what has
transpired to date, but asked the Supervisors to work for successive legislation that will
consider the rights of our communities – she asked for a motion to bring a memorandum to
the ballot in the fall of 2016.
Scott Fibert, County Clerk, had a letter he read into the minutes as well as to the
Board. The letter was received from Gerald Welch. He bought a piece of property on
auction that was completely in the City of Bayfield’s right of way. He is asking for a
remedy to the situation.
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3. Bayfield County Resolution No. 2014-44, Ratifying Emergency
Proclamation Signed by County Board Chair on July 12, 2016. Mark Abeles-Allison,
County Administrator, read the Resolution to the Board, which reads as follows:
WHEREAS, a disaster, namely heavy rains and thunderstorms commencing on July
11, 2016, has had major impact on local jurisdictions in Bayfield County; and
WHEREAS, the heavy rains have caused major damage to the public road
infrastructure throughout the county; and
WHEREAS, documentation in the form of an emergency proclamation related to
emergency conditions and related expenditures supported local jurisdictions and the
county requests for outside funding assistance; and
WHEREAS, pursuant to State Statute 323.11 and 323.14 (4)(b) of the Wisconsin
State Statutes it was necessary and expedient for the health, safety, welfare and good
order to proclaim that emergency conditions exist; and
WHEREAS, the County Board Chair of the Bayfield County Board of Supervisors
signed an emergency proclamation at the Bayfield County Courthouse on July 12, 2016.
NOW, THEREFORE, BE IT RESOLVED, the Bayfield County Board of
Supervisors assembled this 19th day of July, 2016, ratify the Emergency Proclamation
signed by the County Board Chair on July 12, 2016.
By Action of the
Bayfield County Board of Supervisors
Dennis M. Pocernich, Chairman
Jan Victorson, Emergency Mgmt. Coordinator, spoke regarding the Resolution and
summarized the road damage to date. Victorson passed out a document outlining all that
has taken place and the start of totals in damages that have come in. Victorson praised
everyone who helped in this emergency situation, thanking specially, Paul Susienka, Tom
Toepfer and Sara Wartman. They have worked endlessly to make sure needs or our many
citizens have been met. Victorson spoke regarding the damages to roads. He reiterated
how badly the Grand View area was hit. There was a team of EMTs and National Guard
personnel that focused on who had been hit the hardest in that area. People were
stranded for hours; electricity was out, well water wasn’t available or consumable.
Supplies were brought in problems were solved with the help of everyone. He also stated
the importance of a proclamation is to get an early handle on what has taken place and to
get the process moving faster.
A motion was made by Rondeau/Crandall to adopt Bayfield County Resolution
No. 2014-44, Ratifying Emergency Proclamation Signed by County Board Chair on
July 12, 2016. Discussion took place as to when we will have a full picture of the
damages, what went wrong with the roads and bridges and anticipated rains in the future.
The motion carried.
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Tom Toepfer, Highway Commissioner, was asked to speak and give his viewpoint
from the highway end of things. He reported that roads were passable by the end of the
week. County Road E took a huge hit and will be out for a couple of months and St Hwy 63
is still closed. Concrete culverts will be used to replace what presently was in place.
Toepfer stated he has telephone calls out to a number of vendors for concrete, but no
replies. He suspects everyone is simply, very busy. He also noted that culverts are sold
out and concrete plants are very busy. The DOT is working on a detour solution. Most
roads are passable but it isn’t a pretty sight and there is still much work to complete.
The small towns were hit hard. Highway repairs were done with Toepfer’s budget. Roads
have to be closed as many are washed out. Discussion took place on what towns can do who
do not have the funds or expertise to fix some of the big jobs. Toepfer stated that they
can speak with either himself, Victorson or a person from the DOT on what can possibly be
done for help. The DOT is offering engineering expertise. Also discussed was what will be
used in many of the areas that have washed out. Detours were also discussed as well as
signage. Many towns were out of signage completely; this has been very taxing on everyone.
Toepfer was also asked to explain sink holes in the highway due to voights.
Supervisor Maki commended everyone for all of the hard work that was done in
taking care of our citizens during this time – you did a great job.
Supervisor Goodwin arrived at 6:30 p.m.
Sara Wartman, was asked to speak regarding the healthy end of things. Wartman
stated that it was a huge initial shock after the flooding. We didn’t have a lot of phone
calls except for businesses wondering about water quality. There will be concerns about
water quality for well water. We will be running tests in our lab due to the fact that the
roads are down and it isn’t likely that the samples will get to the State in the time frame
needed. Wartman is also assuming there will be mold issues in the near future as well.
There is information for people to get their wells back up and running and to help them
make sure they have water quality for drinking. We are assuming the Towns of Lincoln
and Grand View will be having more issues. Discussed whether there is money available
for well clean up. Discussed shocking the wells with bleach. It may take multiple times to
get it clean again. The Sanitary Officer has been helping with these issues as well.
Victorson was asked if we have residents that the ambulance and fire department
can’t get to. Roads are passable but not pretty. There is a concern, but most of
ambulance folks are looking at these issues.
Sheriff Susienka spoke next. He stated that everyone did an excellent job. He
also stated that many don’t understand what it takes to get reimbursement and help for a
tragedy such as this. Susienka said they are not aware of anyone who is in need, however,
the routes are longer than what they used to be, driving slower in some areas, but they are
passable. Everyone is accessible. The Land Records Department was a huge help with
maps to the public. The Highway, Emergency Mgmt., and Health departments all worked
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very hard to make sure that everything that could be done was. Our own Deputy David
Dawson is back on his feet again and will actually be starting work on Saturday. This has
been an extremely difficult time for his. Through this entire situation, we will recover
and everyone should pat themselves on the back for helping each other out and for a job
well done.
4. Bayfield County Resolution No. 2016-41, Honoring David Martin Lulich.
Chairman Pocernich read the Resolution, which reads as follows:
WHEREAS, David Martin Lulich, a farmer and an auctioneer, shared his knowledge
and experience for the betterment of the youth of Bayfield County; and
WHEREAS, David Martin Lulich provided 49 years of commitment and dedication
as the volunteer auctioneer for the Bayfield County 4H Market Sale at the Bayfield
County Fair; and
WHEREAS, David Martin Lulich of Mason, passed away on Sunday, December 27,
2015; and
WHEREAS, the Bayfield County Board of Supervisors recognizes and supports the
Bayfield County Fair, the Bayfield County 4-H program and the value of dedicated
volunteers;
NOW, THEREFORE, BE IT RESOLVED, that the Bayfield County Board of
Supervisors assembled this 19th day of July, 2016, honors David Martin Lulich with the
passage of this Resolution and a moment of silence; and
BE IT FURTHER RESOLVED, that a copy of this Resolution be presented to the
family of David Martin Lulich at the 50th Anniversary of the 4-H Market Sale during the
2016 Bayfield County Fair.
By Action of the
Bayfield County Board of Supervisors
Dennis M. Pocernich, Chairman
A motion was made by Rondeau/Maki to adopt Bayfield County Resolution No.
2016-41, Honoring David Martin Lulich. The motion carried. Robyn Lulich was
present with her daughter and thanked everyone stating it was an honor to be given this
plaque and certificate. She also reminded everyone via an invitation, to attend the 50th
Anniversary of the Bayfield County 4-H Market Sale on August 13th.
5. Bayfield County Resolution No. 2016-46, 2016 Budget Amendment for
the Emergency Response Expenditures of July 11th and 12th, 2016 Flood in Bayfield
County. Abeles-Allison read the Resolution, which reads as follows:
WHEREAS, Bayfield County has declared an emergency from the flooding due to
the July 11th and 12th storm, Resolution No. 2016-44; and
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WHEREAS, Bayfield County’s first priority is to have County issues addressed
promptly; and
WHEREAS, several Bayfield County departments have incurred additional expenses
due to the flood including additional labor and materials from the Highway Department and
labor in the Sheriff’s Department; and
WHEREAS, county policy requires that changes to the overall expenditures of a
department budget must be approved by the County Board; and
WHEREAS, Bayfield County anticipates reimbursement for many costs incurred.
NOW, THEREFORE, BE IT RESOLVED, that the Bayfield County Board of
Supervisors assembled this 19th day of July, 2016, authorize up to Three Hundred
Thousand ($300,000.00) for flood related County emergency response expenses for
County departments as estimated below:
Labor $50,000.00
Materials $50,000.00
Highway Projects $200,000.00
BE IT FURTHER RESOLVED, that any funding will come from Bayfield County’s
Fund Balance and details need to be further authorized by the Executive Committee.
By Action of the
Bayfield County Board of Supervisors
Dennis M. Pocernich, Chairman
A motion was made by Rondeau/Coughtry to adopt Bayfield County Resolution
No. 2016-46, 2016 Budget Amendment for the Emergency Response Expenditures of
July 11th and 12th, 2016 Flood in Bayfield County. Discussion took place on the
expenses and the Board was informed that this is a rough estimate of expenses that may
show up. Abeles-Allison reported that many may be reimbursed. It was discussed if this
would be enough money and it was stated that we could always add another Resolution to a
future meeting if more is needed. A roll call vote was taken as follows: Pocernich-
yes; Strand-yes; Williams-absent; Coughtry-yes; Miller-absent; Crandall-yes;
Rondeau-yes; Goodwin-yes; Bussey-yes; Fickbohm-yes; Maki-yes; Oswald-yes;
Silbert-yes. Total 13: 11 yes, 0 no, 2 absent. The motion carried.
It was also reported that fund improvements have been on behalf of the towns. The
Wisconsin Counties Association has presented a number of ideas and funding sources in
which the towns could possibly turn to. The State of Wisconsin Northern Representative,
DOT and Department of Administration recommended that a motion be made to find
funding sources for municipalities and refer this to the Executive Committee so towns
know that the County is looking for and trying to find funding for them. A motion was
made by Goodwin/Rondeau to find funding sources for municipalities and refer this to
the Executive Committee. Further discussion took place on funding issues and what the
County can do for townships regarding borrowing funds, etc. Discussion also took place on
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a mechanism where towns can borrow or release a bond and the County can buy the bond.
The towns may know about this as the State had a listening session and this topic and it
became a major topic of discussion. Several towns in Ashland County were aware of this.
A lengthy discussion took place on having a special meeting if need be to discuss issues
such as this one. The motion carried.
6. Bayfield County Resolution No. 2016-43, Emergency Management Budget
Amendment Relating to the 2016 NW WI HCC Grant. Jan Victorson stated the County
was able to receive a grant from the Northwest Wisconsin Healthcare Coalition. These
funds do not impact the budget, however, they will go in and out of the budget. The grant
is for radios, pagers, etc. The Board dispensed with the reading of the Resolution, which
reads as follows:
WHEREAS, Bayfield County Emergency Management, in coordination with Bayfield-
Ashland Counties EMS Council, applied for and received a grant from the Northwest
Wisconsin Healthcare Coalition through the Assistant Secretary for Preparedness and
Response (ASPR) Hospital Preparedness Program (HPP) and
WHEREAS, this grant provides VHF radio pagers for emergency medical service
(EMS) agencies serving Bayfield and Ashland Counties; and
WHEREAS, the expenditures outlined in this grant will serve our citizens by
providing notification to individual responders when their response is needed.
NOW, THEREFORE, BE IT RESOLVED, that the Bayfield County Board of
Supervisors assembled this 19th day of July, 2016, amend the 2016 to show an increase in
the revenue line item of 100-18-43528-001 in the amount of $14,340, the revenue line
item of 100-18-47340 of $2220 and expenditure line item of 100-18-52109 in the amount
of $16,560
BE IT FURTHER RESOLVED, that Emergency Management is authorized to
execute documents related to this Northwest Healthcare Coalition grant on behalf of
Bayfield County.
By Action of the
Bayfield County Board of Supervisors
Dennis M. Pocernich, Chairman
A motion was made by Bussey/Rondeau to adopt Bayfield County Resolution No.
2016-43, Emergency Management Budget Amendment Relating to the 2016 NW WI
HCC Grant. A roll call was taken as follows: Strand-yes; Williams-absent;
Coughtry-yes; Miller-absent; Crandall-yes; Rondeau-yes; Goodwin-yes; Bussey-yes;
Fickbohm-yes; Maki-yes; Oswald-yes; Silbert-yes; Pocernich-yes. Total 13: 11
yes, 0 no, 2 absent. The motion carried.
6. Bayfield County Resolution No. 2016-42, Honoring Karen Bade Upon her
Retirement from the Bayfield County UW-Extension Office. Pocernich read the
Resolution, which reads as follows:
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WHEREAS, Karen Bade has served Bayfield County with distinction, honor and
dedication in the UW Extension Office for over 29 years.
NOW, THEREFORE, BE IT RESOLVED, that the Bayfield County Board of
Supervisors assembled this 19th day of July, 2016, honors Karen Bade for her 29 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 was made by Bussey/Crandall to adopt Bayfield County Resolution No.
2016-42, Honoring Karen Bade Upon her Retirement from the Bayfield County UW-
Extension Office. The motion carried. Tim Kane, UW-Extension Educator, shared with
the Board that she had actually worked 9 years prior for Bayfield County, left, and then
came back to work another 29, and not just for the Extension Office, but for others such
as the County Clerk and District Attorney. The motion carried.
7. Legislative Presentation by State Representative, Beth Meyers, from
Assembly District #74. Meyers started out by welcoming everyone and a special welcome
to new board members. Then she turned her thoughts to the recent disaster. Meyers
stated she was very impressed with Bayfield County and all counties in her district that
were affected by the flood at how quickly everyone responded in this tragedy. Due to
quick thinking and response, lives were saved and yet, long, long hours were worked by
everyone concerned to make sure everyone was safe.
Meyers gave an update as to when the preparation will begin on the 2017 budget.
She also gave a list of the committees that she will be serving on. Meyers also
commented that one of the most important parts of her job, when out of session, is to
travel throughout her district to listen to her constituents. Meyers told the Board to
keep up the good work. The Board thanked Meyers for attending this evening’s meeting.
8. Appearance by Mary Hoeft, Candidate for the U.S. Representative in
Congress for District #7. Hoeft was honored to be here tonight to speak to the Board.
She had no idea what this meeting would be like and stated that her heart aches for
everyone caught in the tragedy of the floods. Hoeft also extended her hand to help if
there was something that she could do.
Hoeft gave background of herself stating she teaches communication arts and
French, and that it is this job that caused her to run for office, and she explained why.
Hoeft is a mother of 2 children and a grandmother. Hoeft is also a published author and
has a long history of public service and recognition. Her goals if put into office would be
to fight for restoration of a healthy middle class; reparation of damage to public
education; a fair living wage; health care that is affordable, dependable internet and cell
service for business and public; and to honor promises to our Veterans, to name a few.
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The Board discussed a few items with Hoeft and thanked her for attending this
evenings meeting and wished her good luck., Hoeft again thanked them for allowing her to
speak.
9. Presentation by Reba Rice, CEO for NorthLakes Community Clinic. Rice
thanked the Board for inviting here to this evening’s meeting. Rice explained that she is
the CEO for NorthLakes and proceeded to share information about the Company via a
powerpoint presentation. Supervisor Fickbohm thanked her for having this service as
many people in his area can now go to Iron River for their health care and prescriptions.
Rice further stated that they are working towards better ways to work with the chronic
mentally ill or other behavioral health issues that our County has. We are trying to
correct the problems right here in our area rather than shipping people off to a bigger
facility where they would not see family. Many Board members stated their committees’
involvement in the Lakes Community has helped their area. Bay Area Mental Health
personnel became involved with The Lakes which is located outside of Washburn and the
Red Cliff Clinic will be joining us on July 20th. Plans for the future continue to be
focusing on jail programs. Discussion and questions were shared between Rice and the
Board. Rice thanked the Board for inviting her and the Board thanked her for coming.
10. Discussion and Possible Action Regarding First-Ever State-Wide
Transportation Town Hall Meeting in all 72 Counties. Fibert informed the Board that a
meeting will take place on September 29th at 6:00 p.m. at the Northern Wisconsin Great
Lakes Visitor’s Center whereby all 72 counties will be meeting at the same time. It is
hopeful that this meeting will have the State become more aware of the needs to each
county. They simply don’t understand the transportation needs that we have. Tom
Toepfer and Ashland County have reserved the Visitor’s Center on this date in hopes that
everyone will be able to attend. They are trying to make the State understand what is
needed on the county levels. It was suggested to designate a County representative to
attend and all towns were urged to designate a representative to attend the meeting as
well. A motion was made by Oswald/Rachel to nominate Jim Crandall to be the
Bayfield County Board of Supervisor’s representative. Discussion took place that Chair
Pocernich and Highway Commissioner Toepfer will also be in attendance, and it was stated
that everyone is invited. The motion carried.
11. A motion was made by Bussey/Crandall to move into 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 (g)
Conferring with legal 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 involved; and
a) to Adopt Closed Session Minutes of the Bayfield County Board of
Supervisors’ Meeting held on June 21, 2016;
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b) Discussion and Possible Action Regarding DNR Response on South
Fish Creek Watershed Manure Storage Ordinance;
c) Discussion and Possible Action Regarding Northern Lights Services
Debt Refinancing, Debt Retirement, and Property Ownership; and
to allow John Carlson and Linda Coleman, corporation counsel, to
remain in closed session, and to allow the Board to call Jennifer
Augustine and Colleen Dailey to be in closed session when the
County Board so advises. The motion carried.
A motion was made by Crandall/Goodwin to move out of Executive Session.
The motion carried.
12. Discussion and Possible Action Regarding Northern Lights Services Debt
Refinancing, Debt Retirement and Property Ownership. Abeles-Allison reported that
the County Board will hold a special meeting for this topic only on Tuesday, August 2nd at
5:00 p.m.
13. Bayfield County Resolution No. 2016-45, Waiver to Section 7.13 Rate
Covenant for the fiscal Year 2015 Amended and Restated Lease Agreement Between
Bayfield County, WI (Lessor) and Northern Lights Services, Inc. (Lessee). Abeles-
Allison explained the Resolution to the Board. 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; and
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 2014 to debt service coverage of 20%.
NOW, THEREFORE, BE IT RESOLVED, that the Bayfield County Board of
Supervisors assembled this 19th day of July, 2016, approves an amended and Restated
Lease Agreement between Bayfield County, Wisconsin (Lessor) and Northern Lights
Services, Inc. (Lessee) including a waiver to the 2015 rate covenants in Northern Lights
Services’ Lease Agreement as follows:
Northern Lights Health Care Center shall maintain Net Revenue in Fiscal Year 2015
which shall equal at least 20% of the Total Principal and Interest Requirements; and
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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 M. Pocernich, Chairman
A motion was made by Bussey/Silbert to adopt Bayfield County Resolution No.
2016-45, Waiver to Section 7.13 Rate Covenant for the fiscal Year 2015 Amended and
Restated Lease Agreement Between Bayfield County, WI (Lessor) and Northern Lights
Services, Inc. (Lessee). It was mentioned that it was also recommended to adopt by
the Executive Committee. A roll call was taken as follows: Coughtry-yes; Miller-
absent; Crandall-yes; Rondeau-absent; Goodwin-yes; Bussey-yes; Fickbohm-yes;
Maki-yes; Oswald-yes; Silbert-yes; Pocernich-yes; Strand-yes; Williams-absent.
Total 13: 10 yes, 0 no, 3 absent. The motion carried.
14. Administrator’s Report:
a) Future meetings: Special Meeting – Aug. 2nd ; Aug. 30th regular meeting;
Sept. 20th ; and Oct 25th .
A reminder that the rest of this week is supposed to be very warm, we have a heat
index warning so take precautions and check on people.
15. Supervisors’ Reports: None.
Chairman Pocernich stated that if anyone has items they would like on future Board
Agendas to contact either Mark, Scott or himself. There being no further business to
come before the Bayfield County Board of Supervisors, Chairman Pocernich adjourned the
meeting at 9:35 p.m.
Respectfully submitted,
Scott S. Fibert,
Bayfield County Clerk
SSF/dmb