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HomeMy WebLinkAboutCounty Board of Supervisors - Minutes - 8/30/2016 255 Minutes of the Bayfield County Board of Supervisors’ Meeting August 26, 2016 – 6:01 p.m. Bayfield County Board Room, Courthouse, Washburn, Wisconsin Chairman Pocernich called the meeting to order at 6:00 pm. A roll call was taken by Scott Fibert, County Clerk, as follows: Rondeau-present; Goodwin-absent; Bussey- present; Fickbohm-present; Maki-present; Oswald-present; Silbert-present; Pocernich- present; Strand-present; Williams-present; Coughtry-absent; Miller-absent; Crandall- present. Total 13: 11 present, 2 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; Elizabeth Skulan, Dept. of Human Directors; Nikki Revak, Financial Mgr.; Jan Victorson, Emergency Mgmt. Coordinator; Robert Schierman, Zoning Director; Tim Kane, UW-Extension Educator; Brenda Spurlock, Criminal Justice Coordinator; Sara Wartman, Health Director. 1. The Pledge of Allegiance was recited by all in attendance. 2. Motion Regarding Minutes of July 19 and August 2, 2016, Bayfield County Board of Supervisors’ Meeting. The Board dispensed with the reading of the Minutes. To see a copy of the July 19th & August 2nd Minutes printed in full, visit the County’s webpage at www.bayfieldcounty.org/meetings or contact the County Clerk’s office. A motion was made by Rondeau/Silbert to adopt the minutes of July 19, 2016, Bayfield County Board of Supervisors’ Meeting. MC A motion was made by Rondeau/Silbert to adopt the minutes of August 2, 2016, Bayfield County Board of Supervisors’ Meeting. MC 3. Public Comment: None 4. Input Regarding 2017 Superior Days Topics. Tim Kane, UW-Ext. Educator, was present to discuss the topic of Superior Days with the County Board. Kane gave a powerpoint presentation explaining the importance of Superior Days. Delegates attending Superior Days from our northern area are from Ashland, Bayfield, Douglas, and Iron Counties with approximately 200 delegates, which include youth. Teams meet with legislators and state officials to inform, educate and advocate on issues that are of importance to Northern Wisconsin. Issues that are identified and brought to Madison are typically unique to or have impact on Northwestern Wisconsin. These issues usually require state legislation or agency action. Other Wisconsin Counties are free to bring and advocate topics of their own. Bayfield County brought six of its own to the table. Many accomplishments have been achieved over the years, to name a few, the expansion of US Hwy 53 to Superior; US Hwy 2 climbing and passing lanes; the Richard Bong Heritage Center, Northern Aquaculture Demonstration Facility, the UW-Superior Health & Wellness Center; premier resort designation for Bayfield; and the prohibiting of transporting Aquatic Invasive Species. 256 Supervisor Coughtry arrived at 6:07 pm. This year, Superior Days will take place on February 21 & 22, 2017 and Bayfield County will be hosting its own Superior Days Issues Identification Meeting in October – the date yet to be determined. Kane then asked the Board if they presently had any topics of consideration for him. The Board discussed items such as highway funding, UW-Extension issues, broadband, shoreland zoning, PILT, and water resource protection to name a few. A reminder was given to everyone that there will be a first-ever state-wide transportation town hall meeting for all 72 counties. This will take place on September 29th at 6:00 p.m. at the Visitor’s Center. This will enable all 72 counties will meet at the same time with the State in hopes that they will become more aware of the needs to each county. Kane thanked the Board for their time and stated that if they come up with any other ideas for Superior Days to let him know. The Board thanked Kane for his report. 5. Bayfield County Resolution No. 2016-48, Wisconsin Department of Administration Emergency Assistance Program to Assist with Repairs to Housing, Businesses and Infrastructure Damaged from the July 11-12, 2016 Flooding. Jan Victorson, Emergency Mgmt. Coordinator, was present to go over this Resolution with the Board. This is about helping people from the July 11/12 and 21st storms. The Salvation Army and Red Cross are being reached to for additional assistance that may not be covered by the CDBG. This funding is also separate from FEMA – this is for individual assistance. The CDBG is hoping for a quick turnaround. The Board dispensed with the reading of the Resolution, which reads as follows: This agreement entered into on the 30th day of August, 2016 by and between Bayfield County and the Counties of Ashland, Burnett, Douglas, Iron, Price, Sawyer, and Washburn. WITNESSED: WHEREAS, Bayfield County has identified Emergency Assistance need in the municipalities resulting from a natural disaster; and WHEREAS, Bayfield County contemplates submitting jointly with the Counties of Ashland, Burnett, Douglas, Iron, Price, Sawyer, and Washburn an application for funds under the Small Cities Community Development Block Grant - Emergency Assistance Program (CDBG- EAP) of the Wisconsin Division of Energy, Housing and Community Resources for the purpose of meeting those needs; and WHEREAS, Bayfield County and the Counties of Ashland, Burnett, Douglas, Iron, Price, Sawyer, and Washburn desire to and are required to, enter into a written cooperative agreement with each other to participate in such CDBG-EAP program; and WHEREAS, Bayfield County and the Counties of Ashland, Burnett, Douglas, Iron, Price, Sawyer, and Washburn understand that Iron County will act as the applicant and will have the ultimate responsibility to assume all obligations under the terms of the grant including assuring 257 compliance with all applicable laws and program regulations and performance of all work in accordance with the contract; and WHEREAS, it is understood that the Department of Housing and Urban Development and the Wisconsin Division of Energy, Housing and Community Resources will have access to all participants' grant records and authority to monitor all activities. NOW, THEREFORE, BE IT RESOLVED, by the Bayfield County Board of Supervisors assembled this 30th day of August, 2016, pursuant to Wisconsin Statutes 66.0301, Bayfield County and the Counties of Ashland, Burnett, Douglas, Iron, Price, Sawyer, 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-EAP program, as approved by the Department of Administration, and the Division of Energy, Housing and Community Resources. Nothing contained in this agreement shall deprive any municipality of any power or zoning, development control or other lawful authority which it presently possesses. By Action of the Bayfield County Board of Supervisors Dennis M. Pocernich, Chairman A motion was made by Rondeau/Crandall to adopt Bayfield County Resolution No. 2016-48, Wisconsin Department of Administration Emergency Assistance Program to Assist with Repairs to Housing, Businesses and Infrastructure Damaged from the July 11-12, 2016 Flooding. The motion carried. 6. Presentation of Department of Human Services 2015 Annual Report. Elizabeth Skulan, Human Services Director, was present to give the Department’s report via a powerpoint presentation, highlighting the Department’s accomplishments. One of the accomplishments was a pilot program which was to conduct a small portion of home delivered meal participants to determine the feasibility of serving locally produced milk to all participants with the dual outcome of improving the quality of milk provided to seniors while stimulating the local economy. Skulan reported that there have been struggles with the Time Out Restaurant for on-site meals and the large amount showing up, and where home delivered meals have dropped a bit and no longer have a waiting list. The Board asked her to touch based on the program that was audited in her department. Skulan informed them that 21 counties have been 85% non-compliant due to documentation issues. The criteria was different in that the documents, and not specific. They are looking at what can be done to rectify the situation. Skulan thanked staff for helping to figure out this problem and for their efforts in making this department run as efficient as it does. Discussion took place on the many programs that are run through the Dept. of Human Services. The Board thanked Skulan for her report. A motion was made by Rondeau/Maki to receive and place on file the Department of Human Services 2015 Annual Report. The motion carried. 258 7. Bayfield County Resolution No. 2016-52, In Support of Increased Funding in the Children and Family Aids Allocation. Skulan explained this Resolution to the Board. The board dispensed with the reading of the Resolution, which reads as follows; WHEREAS, the Department of Children and Families provides funding to counties through the Children and Family Aids allocation for the provision of child abuse and neglect services, including prevention, investigation, treatment, and out-of-home placement costs; and WHEREAS, base funding for child welfare services has not increased since the Department of Children and Families was created in 2009; and WHEREAS, over the past few years, the child welfare workload has increased in all counties across the state; and WHEREAS, the number of child protective services (CPS) referrals has increased 30% statewide since 2007 – from 55,895 referrals in 2007 to 72,698 in 2014; and WHEREAS, the number of children in out-of-home care has increased 8% statewide from 7,653 in 2011 to 8,258 in 2015 (16% in Bayfield County, from 37 to 43); and WHEREAS, the number of screened-in CPS reports has increased 9% statewide from 18,706 in 2011 to 20,384 in 2015; and WHEREAS, the number of Children in Need of Protection and Services (CHIPS) petitions filed with the court has increased 12.5 % statewide (420% in Bayfield County, from 5 to 21) from 2008 to 2015; and WHEREAS, counties are struggling to recruit and retain child welfare workers; and WHEREAS, the stress of: increasing caseloads, the increased complexity of cases; and the increased needs of the children placed out of home is taking its toll on CPS workers, causing many experienced child welfare workers to leave the profession; and WHEREAS, the leading cause of these increases statewide is the use of heroin, opiates, and methamphetamines; and WHEREAS, it is critical that counties have the resources necessary to ensure the safety of children in every corner of the state; and WHEREAS, counties are struggling to identify resources to increase child welfare staff, especially given the significant overmatch counties already put in the human services system. NOW, THEREFORE, BE IT RESOLVED that the Bayfield County Department of Human Services Committee does hereby request that the state of Wisconsin, it its 2017- 19 state biennial budget, increase funding to counties in the Children and Family Aids allocation to assist counties in serving the increasing number of children and families in the child welfare system and recommends the resolution to the Bayfield County Board of 259 Supervisors for their consideration and approval for their consideration and approval for their consideration and approval; and BE IT FURTHER RESOLVED that a copy of this Resolution be sent to Governor Scott Walker, Department of Children and Families Secretary Eloise Anderson, Department of Administration Secretary Scott Neitzel, area legislators, and the Wisconsin Counties Association. By Action of the Bayfield County Board of Supervisors Dennis M. Pocernich, Chairman A motion was made by Silbert/Strand to adopt Bayfield County Resolution No. 2016-52, In Support of Increased Funding in the Children and Family Aids Allocation. The motion carried. 8. Bayfield County Resolution No. 2015-51, Increase in the Department of Human Services 2016 Spending Authority and Potential Access to the Risk Reserve. Skulan explained this Resolution, of which the Board also dispensed with the Reading. The Resolution reads as follows: WHEREAS, adjustments to and transfers within the Department of Human Services 2016 budget are necessary to satisfy state statutes and accounting principles; and WHEREAS, due to unanticipated increases in out of home placements and treatment provided to individuals with mental health issues and substance use disorders, Human Services expects to exceed its 2016 budget authority; and WHEREAS, it may be necessary to access the Department’s Risk Reserves for the additional county funds needed. NOW, THEREFORE, BE IT RESOLVED, that the Bayfield County Board of Supervisors assembled this 30th day of August, 2016, does hereby approve the following 2016 budget line adjustments: 260 Account Number Description Adjustments Revenue Adjustments 235-50-49201 IDP Reserve 15,000$ 235-50-49301 Risk Reserve Transfer 100,000$ 235-50-43560-107 FS, St / FED Revenue, CCS & Winnebago 433,000$ 235-50-43560-101 St/Fed Revenue 50,000$ 235-50-43560-103 ES, St / Fed Revenue-NIMC-25,000$ 235-50-43560-104 ES, St/Fed Revenue, ABAWD 25,000$ 235-50-43560-159 ADRC North, St / Fed Revenue 125,000$ 773,000$ Expenditure Adjustments 235-52-54510-50156 AMSO, HRA (23,850)$ 235-53-54310-50299 FS, MH 528,289$ 235-53-54520-50299 FS, CCS 100,000$ 235-53-54315-50299 FS, AODA 21,488$ 235-53-54520-50156 FS, HRA (21,062)$ 235-53-54520-50290 FS, RRTC (50,000)$ 235-53-54520-50299 FS, Sub Care 127,000$ 235-54-54410-50156 ES, HRA (12,550)$ 235-55-54320-50156 A&D, HRA (14,510)$ 235-56-54610-50156 GWAAR, HRA (1,355)$ 235-56-54810-50156 ADRC-B, HRA (500)$ 235-59-54590-50156 ADRC-N, HRA (4,950)$ 235-59-54590-50290 ADRC-N & DCS , Services 125,000$ 773,000$ 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. 2015-51, Increase in the Department of Human Services 2016 Spending Authority and Potential Access to the Risk Reserve. Discussion took place on the dollar amounts within the Resolution. A roll call vote was taken as follows: Goodwin-absent; Bussey-yes; Fickbohm-yes; Maki-yes; Oswald-yes; Silbert-yes; Pocernich-yes; Strand-yes; Williams-yes; Coughtry-yes; Miller-absent; Crandall-yes; Rondeau-yes. Total: 13; 11 yes, 0 no, 2 absent. The motion carried. 9. Bayfield County Resolution No. 2016-53, Adult Immunization Grant. Sara Wartman, Health Director, was present to explain resolution. The Board dispensed with the reading of the Resolution, which reads as follows: WHEREAS, the Bayfield County Health Department has received an Adult Immunization-Grant in the amount of $2,662 to increase the number of adults who receive the influenza vaccination. Total award to be expended by June 30, 2017; and 261 WHEREAS, the 2016 Budget does not contain any projections to account for any revenue or expenditures for said grant; and WHEREAS, it is the desire of the Bayfield County Board of Health to accept and expend said grant in 2016. NOW, THEREFORE, BE IT RESOLVED, that the Bayfield County Board of Supervisors assembled this the 30th day of August, 2016 hereby authorizes the use of Revenue Account Number 100-20-43550-013 and Expense Account Number 100-20-54123 for the Adult Health Grant; and BE IT FURTHER RESOLVED, that the Bayfield County Board of Supervisors hereby amends the 2016 budget by $2,662 for grant revenue/expenses. By Action of the Bayfield County Board of Supervisors Dennis M. Pocernich, Chairman A motion was made by Strand/Coughtry to adopt Bayfield County Resolution No. 2016-53, Adult Immunization Grant. A roll call vote was taken as follows: Bussey- yes; Fickbohm-yes; Maki-yes; Oswald-yes; Silbert-yes; Pocernich-yes; Strand-yes; Williams-yes; Coughtry-yes; Miller-absent; Crandall-yes; Rondeau-yes; Goodwin- absent. Total: 13; 11 yes, 0 no, 2 absent. The motion carried. 10. Bayfield County Resolution No. 2016-54, Community Opportunity Grant – WI Partnership Program. Wartman explained this Resolution to the Board as well, and the Board dispensed with the reading of the Resolution, which reads as follows: WHEREAS, the Bayfield County Health Department has received a Community Opportunity Grant in the amount of $25,000 to research evidence based education materials, policies, procedures, and sample ordinances that could be used by city councils, county boards, town clerks, park boards and other groups to reduce alcohol consumption. Based on the research, a sample toolkit will be developed and shared with the network counties. This will be accomplished with assistance from the Northern Wisconsin Health Network, Ashland County Health Department and Memorial Medical Center. Total award to be expended by August 31, 2018; and WHEREAS, the 2016 Budget does not contain any projections to account for any revenue or expenditures for said grant; and WHEREAS, it is the desire of the Bayfield County Board of Health to accept and expend said grant in 2016. NOW, THEREFORE, BE IT RESOLVED, that the Bayfield County Board of Supervisors assembled this 30th day of August, 2016 hereby authorizes the use of Revenue Account Number 100-20-48520-002 and Expense Account Number 100-20-54110 for the Community Opportunity Grant; and 262 BE IT FURTHER RESOLVED, that the Bayfield County Board of Supervisors hereby amends the 2016 budget by $25,000 for grant revenue/expenses. By Action of the Bayfield County Board of Supervisors Dennis M. Pocernich, Chairman A motion was made by Rondeau/Silbert to adopt Bayfield County Resolution No. 2016-54, Community Opportunity Grant – WI Partnership Program. A roll call vote was taken as follows: Fickbohm-yes; Maki-no; Oswald-yes; Silbert-yes; Pocernich-yes; Strand-yes; Williams-yes; Coughtry-yes; Miller-absent; Crandall-yes; Rondeau-yes; Goodwin-absent; Bussey-yes. Total: 13; 10 yes, 1 no, 2 absent. The motion carried. 11. Bayfield County Resolution No. 2016-55, Coastal Management Grant. Wartman explained this Resolution to the Board. There was discussion on the amount of wells that will be able to be taken care with an answer of approximately 200. The Board dispensed with the reading of the Resolution, which reads as follows: WHEREAS, the Bayfield County Health Department has received a Coastal Management Grant in the amount of $23,600 for the purpose of protecting drinking water and groundwater through monitoring, education, responsible land use and practice, and proper well abandonment. Currently there is a lack of baseline information in this region about groundwater quality. The project includes conducting well tests for landowners and providing follow-up education. Total award to be expended by October 31, 2016; and WHEREAS, the 2016 Budget does not contain any projections to account for any revenue or expenditures for said grant; and WHEREAS, it is the desire of the Bayfield County Board of Health to accept and expend said grant in 2016. NOW, THEREFEORE, BE IT RESOLVED, that the Bayfield County Board of Supervisors assembled this the 30th day of August , 2016 hereby authorizes the use of Revenue Account Number 100-20-43552 and Expense Account Number 100-20-54117 for the Coastal Management Grant; and BE IT FURTHER RESOLVED, that the Bayfield County Board of Supervisors hereby amends the 2016 budget by $23,600 for grant revenue/expenses. By Action of the Bayfield County Board of Supervisors Dennis M. Pocernich, Chairman A motion was made by Rondeau/Crandall to adopt Bayfield County Resolution No. 2016-55, Coastal Management Grant. A roll call vote was taken as follows: Maki-yes; Oswald-yes; Silbert-yes; Pocernich-yes; Strand-yes; Williams-yes; Coughtry-yes; Miller-absent; Crandall-yes; Rondeau-yes; Goodwin-absent; Bussey-yes; Fickbohm- yes. Total: 13; 11 yes, 0 no, 2 absent. The motion carried. 263 12. Bayfield County Resolution No. 2016-56, 2016 Health Department Budget Adjustments. Wartman explained this Resolution to the Board as well, and the Board dispensed with the reading of the Resolution, which reads as follows: WHEREAS, adjustments to the 2016 Health Department budget are necessary due to increases/decreases in federal and state grant funding; and WHEREAS, this will not affect the amount of tax levy requested by the department. NOW, THEREFORE, BE IT RESOLVED, that the Bayfield County Board of Supervisors assembled this 30th day of August, 2016 amends the 2016 budget by $15,515.69 and authorizes the increase/decrease of the following revenue and expense accounts for 2016. ACCOUNT NUMBER DESCRIPTION ADJUSTMENTS Revenue Adjustments 100-20-43550-001 Maternal Child Health Grant 675 100-20-43550-005 Immunization Grant 79 100-20-43550-006 Public Health Emergency Preparedness Grant 2,940 100-20-43550-007 Prevention Grant 225 100-20-43550-002 Childhood Lead Prevention Grant 191 100-20-43550-011 WIC Grant (7,584) 100-20-43550-014 Peer Counselor Grant 10 100-20-43550-022 SNAP Ed Grant 590 100-20-43550-004 Beach Monitoring Grant 6,000 100-20-43550-023 HPV Grant 12,389.69 100-20-43551 Chronic Disease Management Grant 4,000 100-20-43550-016 CHANGE Grant (4,000) Total Increase to Revenues $15,515.69 Expenditure Adjustments 100-20-54103 Maternal Child Health Grant 675 100-20-54113 Immunization Grant 79 100-20-54111 Public Health Emergency Preparedness Grant 2,940 100-20-54104 Prevention Grant 225 100-20-54112 Childhood Lead Prevention Grant 191 100-20-54107 WIC Grant (7,584) 100-20-54124 Peer Counselor Grant 10 100-20-54121 SNAP Ed Grant 590 100-20-54120 Beach Monitoring Grant 6,000 100-20-54132 HPV Grant 12,389.69 100-20-54134 Chronic Disease Management Grant 4,000 100-20-54126 CHANGE Grant (4,000) 264 Total Increase to Expenditures 15,515.69 By Action of the Bayfield County Board of Supervisors Dennis M. Pocernich, Chairman A motion was made by Rondeau/Fickbohm to adopt Bayfield County Resolution No. 2016-56, 2016 Health Department Budget Adjustments. A roll call vote was taken as follows: Oswald-yes; Silbert-yes; Pocernich-yes; Strand-yes; Williams-yes; Coughtry-yes; Miller-absent; Crandall-yes; Rondeau-yes; Goodwin-absent; Bussey- yes; Fickbohm-yes; Maki-yes. Total: 13; 11 yes, 0 no, 2 absent. The motion carried. 13. Bayfield County Amendatory Ordinance No. 2016-15, Amending Bayfield County Ordinance, Chapter 3, All-Terrain Vehicles and Off-Road Motor Vehicles Operation, Section 10-3-10, Designated Routes. Abeles-Allison explained in the absence of Thomas Toepfer, Highway Commissioner. In order to designate a portion of road that is going to be used for routes, it has to be designated and this needs County Board approval and this is why this is in front of you this evening for review. 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, BE IT RESOLVED, the Bayfield County Board of Supervisors assembled this 26th day of January, 2016, does hereby ordain as follows: Section 1. Chapter 3 [All-Terrain Vehicles and Off-Road Motor Vehicle Operation] of Title 10 [Motor Vehicles & Traffic] of the Code of Ordinances, Bayfield County, Wisconsin is hereby amended with the following changes and additions: This should be added to the existing Ordinance: 19. CTH M (Frels Road to Garmisch Road) 2.72 miles. 265 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. 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 30th day of August, 2016. By Action of the Bayfield County Board of Supervisors Dennis M. Pocernich, Chairman A motion was made by Rondeau/Williams to adopt Amendatory Ordinance No. 2016-15, Amending Bayfield County Ordinance, Chapter 3, All-Terrain Vehicles and Off- Road Motor Vehicles Operation, Section 10-3-10, Designated Routes. The Highway Committee discussed this and stated that it should be reviewed by the Sheriff for safety practice reasons if adding this road for ATV use would be advisable. This was the original practice that was followed for prior road inclusions. At the Highway Committee meeting, we didn’t have this information available. The use of road to connect trails is done only if there is no other possible way to do it, and this was the case for this road being added. There were 6 other road inclusions that were brought to Highway Committee that either had another way to connect or they were unsafe and these were turned down. Discussion took place on the safety risks. The Board can remove any of these additions at any time if the Sheriff deems it unsafe for travel. Also mentioned was that the ATVs must ride on the asphalt service and cannot ride on the shoulder or in the ditch. Also discussed was there is not a bike lane on County Hwy M. The motion was voted on, receiving 2 no votes. The motion carried. 14. Reports of the Bayfield County Planning & Zoning Committee Regarding Amendatory Ordinances 2016-16, 2016-17, 2016-18. The Board dispensed with the reading of the Reports of Amendatory Ordinances 2016-16, 2016-17, and 2016-18. A motion was made by Rondeau/Strand to receive and place on file the Reports of the Bayfield County Planning & Zoning Committee Regarding Amendatory Ordinances 2016-16, 2016- 17, and 2016-18. The Reports read 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 266 having been duly informed of the facts pertinent to the following changes; hereby recommends the following action on said petition: Report of the Bayfield County Planning & Zoning Committee Amending Section 13-1-4, Code of Ordinances Subsection (a)(24m) 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, WI, to Create (24m) Game Farm, is hereby created to read 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: (24m) Game Farm. Land and any buildings there on where normally wild animals, including cervids, are kept, bred, raised for meat; or available for visitors to observe; or hunt for a fee or donation. The Bayfield County Planning and Zoning Committee recommendation is: Be approved. BAYFIELD COUNTY PLANNING AND ZONING COMMITTEE William Bussey, Kenneth Jardine, Dennis Pocernich, Brett Rondeau, Fred Strand ∞∞∞∞∞∞∞∞∞∞∞∞ Report of the Bayfield County Planning & Zoning Committee Regarding the Rezone of the Robert & Amanda VanDoorn Property in the Town of Barnes 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: 267 The Zoning of Robert & Amanda VanDoorn 0.74-acre parcel (ID# 36770) (V. 1110 P. 863), Located in part of the Southeast Quarter of the Northeast Quarter (SE NE) of Section 36, Township 45 North, Range 9 West, in the Town of Barnes, Bayfield County, Wisconsin, described as follows: Commencing at the Northeast corner of said Section 36; thence along the monumented east line of the Northeast Quarter of the Northeast Quarter of said Section 36, S00°13’04”W 1314.10’ to a found iron rod at the monumented North 1/16 corner on the east line of Section 36; thence along the monumented north line of the Southeast Quarter of the Northeast Quarter of Section 36, N87°13’49”W 249.89’ to an iron pipe; thence leaving said north line of the Southeast Quarter of the Northeast Quarter of Section 36, S00°08’52”W 201.04’ to an iron pipe; thence, N87°30’05”W 50.13’ to an iron pipe; thence, S00°27’54”W 140.25’ to an iron pipe; thence, S88°02’06”W 330.58’ to an iron pipe and the point of beginning; thence, S00°24’54”W 248.56’ to a point; thence, N87°33’11”W 132.39’ to an iron pipe; thence, N00°29’05”E 238.38’ to an iron pipe; thence, N88°02’06”E 132.13’ to the point of beginning. Containing 32,176 square feet (0.74 acres) be changed from Residential-Two (R-2) to Residential-Recreational Business. The Bayfield County Planning and Zoning Committee recommendation is: Be approved. BAYFIELD COUNTY PLANNING AND ZONING COMMITTEE William Bussey, Kenneth Jardine, Dennis Pocernich, Brett Rondeau, Fred Strand ∞∞∞∞∞∞∞∞∞∞∞∞ Report of the Bayfield County Planning & Zoning Committee Regarding The Rezone of Northern Clearing, Inc. Property Located in the Town of Eileen The Zoning of Northern Clearing Inc.34.98-acre parcel (part of ID# 37391) (V. 1162 P. 389), described as (part of) Lot One (1), Certified Survey Map (CSM) #1962, Section Ten (10), Township Forty-Seven (47) N, Range Five (5) W, Town of Eileen, Bayfield County, WI changed from Agricultural-One (Ag-1) to Commercial (C). The Bayfield County Planning and Zoning Committee recommendation is: Be approved. BAYFIELD COUNTY PLANNING AND ZONING COMMITTEE William Bussey, Kenneth Jardine, Dennis Pocernich, Brett Rondeau, Fred Strand 15. Bayfield County Amendatory Ordinance No. 2016-16 Regarding Amending Section 13-1-4, Code of Ordinances, Subsection (a)(24m) 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 to Create (24m) Game Farm. Robert Schierman, Zoning Director, was present to explain the Ordinance to the Board and also 268 informed them that Corporation Counsel has also reviewed and is in agreement with the changes. 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, 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 create a definition under Section 13-1-4(a)(24m) Code of Ordinances, Bayfield County, Wisconsin to include hobby farm; 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)(24m) 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: (24m) Game Farm. Land and any buildings there on where normally wild animals, including cervids, are kept, bred, raised for meat; or available for visitors to observe; or hunt for a fee or donation. 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. 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. 269 Section 4. 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 to be approved. By Action of the Bayfield County Board of Supervisors Dennis M. Pocernich, Chairman A motion was made by Rondeau/Silbert to adopt Bayfield County Amendatory Ordinance No. 2016-16 Regarding Amending Section 13-1-4, Code of Ordinances, Subsection (a)(24m) 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 to Create (24m) Game Farm. The motion carried. 16. Bayfield County Amendatory Ordinance No. 2016-17 Regarding the Rezone of the Robert & Amanda VanDoorn Property Located in the (SE¼-NE¼) of Section 36, Township 45 North, Range 9 West, in the Town of Barnes, Bayfield County, WI, be changed from Residential-Two (R-2) to Residential-Recreational. Schierman explained the 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: The Zoning of Robert & Amanda VanDoorn 0.74-acre parcel (ID# 36770) (V. 1110 P. 863), Located in part of the Southeast Quarter of the Northeast Quarter (SE NE) of Section 36, Township 45 North, Range 9 West, in the Town of Barnes, Bayfield County, Wisconsin, described as follows: Commencing at the Northeast corner of said Section 36; thence along the monumented east line of the Northeast Quarter of the Northeast Quarter of said Section 36, S00°13’04”W 1314.10’ to a found iron rod at the monumented North 1/16 corner on the east line of Section 36; thence along the monumented north line of the Southeast Quarter of the Northeast Quarter of Section 36, N87°13’49”W 249.89’ to an iron pipe; thence leaving said north line of the Southeast Quarter of the Northeast Quarter of Section 36, S00°08’52”W 201.04’ to an iron pipe; thence, N87°30’05”W 50.13’ to an iron pipe; thence, S00°27’54”W 140.25’ to an iron pipe; thence, S88°02’06”W 330.58’ to an iron pipe and the point of beginning; thence, S00°24’54”W 248.56’ to a point; thence, N87°33’11”W 132.39’ to an iron pipe; thence, N00°29’05”E 238.38’ to an iron pipe; thence, N88°02’06”E 132.13’ to the point of beginning. Containing 32,176 square feet (0.74 acres) is changed from Residential-Two (R-2) to Residential-Recreational Business. The Bayfield County Board of Supervisors’ decision is to be approved. By Action of the Bayfield County Board of Supervisors Dennis M. Pocernich, Chairman 270 A motion was made by Rondeau/Crandall to adopt Bayfield County Amendatory Ordinance No. 2016-17 Regarding the Rezone of the Robert & Amanda VanDoorn Property Located in the (SE¼-NE¼) of Section 36, Township 45 North, Range 9 West, in the Town of Barnes, Bayfield County, WI, be changed from Residential-Two (R-2) to Residential-Recreational. The motion carried. 17. Bayfield County Amendatory Ordinance No. 2016-18 Regarding the Rezone of Northern Clearing, Inc. Property Described as (part of) Lot One (1), Certified Survey Map (CSM) #1962, Section Ten (10), Township Forty-Seven (47) N, Range Five (5) W, Town of Eileen, Bayfield County, WI changed from Agricultural-One (Ag-1) to Commercial (C). Schierman explained the 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: The Zoning of Northern Clearing Inc. 34.98-acre parcel (part of ID# 37391) (V. 1162 P. 389), described as (part of) Lot One (1), Certified Survey Map (CSM) #1962, Section Ten (10), Township Forty-Seven (47) N, Range Five (5) W, Town of Eileen, Bayfield County, WI changed from Agricultural-One (Ag-1) to Commercial (C). The Bayfield County Board of Supervisors’ decision is to be approved. By Action of the Bayfield County Board of Supervisors Dennis M. Pocernich, Chairman A motion was made by Rondeau/Maki to adopt Bayfield County Amendatory Ordinance No. 2016-18 Regarding the Rezone of Northern Clearing, Inc. Property Described as (part of) Lot One (1), Certified Survey Map (CSM) #1962, Section Ten (10), Township Forty-Seven (47) N, Range Five (5) W, Town of Eileen, Bayfield County, WI changed from Agricultural-One (Ag-1) to Commercial (C). The motion carried. 18. Bayfield County Resolution No. 2016-49, 2016 Budget Amendments (General Fund and Capital Improvement Fund. Abeles-Allison explained the purpose of the budget adjustments and that they would be coming from the Contingency Fund. Discussion then took place on how much is left in the fund. The Board dispensed with the reading of the Resolution, which reads as follows: WHEREAS, County Policy requires that changes or transfer of funds from one fund to another must be approved by the County Board; and WHEREAS, the 2016 budget included funding for repaving the Courthouse Parking Lot; and WHEREAS, actual expenses for the parking lot will exceed the budgeted amount; and 271 WHEREAS, the 2016 budget included funding for Courtroom Equipment Upgrades; and WHEREAS, actual expenses for the Courtroom Equipment Upgrades will exceed the budgeted amount; and WHEREAS, the County Executive Committee met and reviewed these expenses at their June 9 and July 14, 2016 committee meetings and recommended both be funded with General Fund Contingency Funds. NOW, THEREFORE, BE IT RESOLVED, that the Bayfield County Board of Supervisors, assembled this 30th day of August, 2016, approves the following 2016 budget amendments: Decrease the 2016 General Fund Contingency expense line item 100-00-51410-5000 by $20,500 Increase 2016 General Fund Transfer to CIP Fund expense account: 100-00-59430-50820 by $20,500 Increase 2016 Capital Improvements Fund Transfer from Other Funds line item 430-71-49201 by $20,500 Increase Maintenance Department Capital Projects Line Item 430-14-57100-50820 by $10,000 Increase Clerk of Court Capital Equipment Line Item 430-02-57100-50810 by $10,500. By Action of the Bayfield County Board of Supervisors Dennis M. Pocernich, Chairman A motion was made by Bussey/Maki to adopt Bayfield County Resolution No. 2016-49, 2016 Budget Amendments (General Fund and Capital Improvement Fund). A roll call vote was taken as follows: Silbert-yes; Pocernich-yes; Strand-yes; Williams- yes; Coughtry-yes; Miller-absent; Crandall-yes; Rondeau-yes; Goodwin-absent; Bussey-yes; Fickbohm-yes; Maki-yes; Oswald-yes. Total: 13; 11 yes, 0 no, 2 absent. The motion carried. 19. Discussion and Possible Action Regarding Northern Lights Line of Credit. Abeles-Allison explained that every year this issue has come up for review and renewal. This will probably be the last time Bayfield County would have to review and renew since Northern Lights is securing its funds independently. The Line of credit is currently $150,000.00. Abeles-Allison noted that in their letter it states that Northern Lights has a note with Bayfield County for $180,000.00 that was taken out in September of 2012. A payment of $30,000.00 including accrued interest was made in September of 2015. The remaining debt and any accrued interest will be paid in full with completion of financing currently underway. Discussion took place. A motion was made by Silbert/Bussey to 272 approve the Northern Lights Line of Credit to the end of January, 2017. A roll call was taken as follows: Pocernich-yes; Strand-yes; Williams-yes; Coughtry-yes; Miller-absent; Crandall-yes; Rondeau-yes; Goodwin-absent; Bussey-yes; Fickbohm- yes; Maki-yes; Oswald-yes; Silbert-yes. Total: 13; 11 yes, 0 no, 2 absent. The motion carried. 20. Discussion and Possible Action Regarding Amended Washington Hill Tower Lease Agreement with the City of Washburn. Abeles-Allison explained the lease agreement. It is for the land the City of Washburn owns that the County has a 120’ tower situated on. The tower has been there for 50+ years. The City and County have been discussing the terms of the lease and with some additional terms will renew this for another 30 years. What is new is that the County would take down the existing tower, replace and construct a larger tower which will have the capability of holding county, city, cellular and WisCOM frequencies, with the potential of another antenna for highway and forestry communications. This is only a land lease. There is a cost share provision for the sharing of power. In the future, if we secure a lease with anyone else, after costs are covered there would be a cost sharing of 50/50 with the City. We have never paid a rent in the past and no rent will be assessed now either. Discussion took place on where Verizon fit into all of this and was stated that this is the next item. A motion was made by Bussey/Rondeau to approve the Washington Hill Tower Lease with the City of Washburn and authorize Pocernich and Fibert to sign the tower lease agreement on behalf of Bayfield County. Discussion that the agreement doesn’t explicitly address that there is no lease or rent being paid by the County or City. The Board was informed that Corporation Counsel didn’t feel it was needed. If there isn’t anything in the agreement that a rent will be paid, you can assume there is none unless specified. The City has approved it in this format. The motion carried. 21. Take from the Table from March 29, 2016, Resolution No. 2016-20 Tower Lease Agreement with Verizon and Discussion and Possible Action Regarding Authorization of Modified Resolution No. 2016-20. Pocernich explained that we need a motion to take this item off the table from the March 29th agenda to discuss it once again. A motion was made by Bussey/Crandall to take from the March 29, 2016 table, Resolution No. 2016- 20, Tower Lease Agreement with Verizon and Discussion and Possible Action Regarding Authorization of Modified Resolution No. 2016-20. The motion carried. Abeles-Allison explained that this lease has been talked about for a couple of years. A few months back, Verizon was on board to build a brand new tower and we were discussing the details that would go into such a lease. Verizon then backed out of the deal. This is on the agenda now as Verizon would like to be on the tower, however, not to start for 2 years. They want to sight on a tower that is in place. They would be willing to pay $38,400 a year over a 10-year period to locate on the tower. A number of other provisions were discussed. It was noted that Corporation Counsel has reviewed this with Verizon. Bayfield County will construct a tower similar to the design that was viewed before, in conjunction with the City of Washburn and the County’s needs. If there are other entities that want to locate on the tower, Bayfield 273 County would entertain those requests. The Forest Service has stated they would be interested. It was explained that Verizon would sign the lease, when and if they start construction, and then would pay. We know that we need to enhance the tower for County emergency equipment. A lengthy discussed took place on the amount the tower will cost. Discussion on how the dollar amount was arrived at and whether it is competitive. Discussed attorney’s fees and it was stated that $10,000 has been set aside for this expense. Discussion turned to frequencies of the different entities that may be on the tower. What would happen if they put up device and it interferes with the County’s frequency. There has to be something in the lease agreement that they would have to make a good faith effort to fix this problem. Discussion about the RF emissions. Are we liable for other entity’s emissions if they are too high? It was stated that this is why are building the tower, if there are interferences, those entities will have to be remedied or removed. A very lengthy discussion took place other areas of the agreement. Then discussion was had on the fact that Verizon backed out on Bayfield County and why are we only looking at 1 particular company. Everyone felt that cellular communication is critical to our area, but there are portions of this agreement that the Board was not comfortable with. After a very lengthy discussion and suggested language changes, a motion was made by Bussey/Maki to postpone the lease agreement with Verizon for further discussion at the Board’s September meeting. Further discussion that trying to deal with Verizon will hold up construction of the tower. It was felt that Verizon should show some money earnest money as a good faith effort. Victorson showed a map of everywhere our emergency services need to receive communication. We can postpone but Bayfield County needs to increase communication as soon as possible and spoke of the problems they had during our recent summer storms. The motion carried with 1 opposition. The board thanked Victorson for her time. Abeles-Allison reported that the timeline for construction is to begin this fall, piers designed and set, and spring to hopeful to set the tower. 22. Bayfield County Resolution No. 2016-50, Request to Amend the Bayfield County Land & Water Conservation 2016 Budget. Abeles-Allison explained in the absence of Ben Dufford, County Conservationist. The Board dispensed with the reading of the Resolution, which reads as follows: WHEREAS, the Bayfield County Land and Water Conservation Department requests that their 2016 budget be amended as follows to reflect actual amounts through the grants, cost-share and cooperative agreements; and WHEREAS, amendments to the accounts listed below are necessary to reflect account actuals versus projected amounts from 2015. NOW, THEREFORE, BE IT RESOLVED, that the Bayfield County Board of Supervisors assembled this 30th day of August, 2016 approves the following budget amendments to reflect the grants, cost-share and cooperative agreements. Increase revenue account 100-28-43274-113 (Wickstrom) by $7,998.00 Increase revenue account 100-28-43590-101 (CBCW IR) by $20,000.00 Increase revenue account 100-28-43590-104 (CBCW LS) by $16,000.00 274 Increase revenue account 100-28-43592 (AIS #4) by $2,505.00 Increase expense account 100-28-56149-50290 (Wickstrom) by $7,998.00 Increase expense account 100-28-56113-50290 (CBCW IR) by $20,000.00 Increase expense account 100-28-56131-50290 (CBCW LS) by $16,000.00 Increase expense account 100-28-56205-50290 (AIS #4) by $2,505.00 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. 2016-50, Request to Amend the Bayfield County Land & Water Conservation 2016 Budget A roll call was taken as follows: Strand-yes; Williams-yes; Coughtry-yes; Miller-absent; Crandall-yes; Rondeau-yes; Goodwin-absent; Bussey-yes; Fickbohm- yes; Maki-yes; Oswald-yes; Silbert-yes; Pocernich-yes. Total: 13; 11 yes, 0 no, 2 absent. The motion carried. 23. Administrator’s Report: a) Future County Board Meeting Dates:  Sept. 20th 6:00 p.m.  Move Oct. 25th meeting to Oct. 18th; the Supreme Court will be conducting business in the Board Room on the 25th and after, there is a reception that everyone will be invited to attend to be held in Bayfield. This would allow for all of the Board to attend if they so choose. The Board was in agreement with this.  Nov. 15th; Statutory Meeting Date after election - same 6:00 p.m. b) Executive Committee Meeting Dates: It was reported that September 13th, 20th, 22nd, are the dates that have been set. There may be additional dates, if needed. The Board was encouraged to attend. c) Review Naming and Naming Rights Policy. Supervisor Crandall stated that he was approached by concerned citizens to have the name of County Highway M changed to the Richard Parquette Memorial Highway. This is coming about as it will be the 20th anniversary of his death. The Cable Chamber and American Legion is in favor of it. This topic was brought up at the Highway Committee and it was suggested that we should have a policy in place. Crandall also stated that there is a memorial in Cable in his honor as well as across the street near the Sheriff’s Department. The Board was given a copy of the draft policy and he asked how the Board felt about this. Discussion went around the table with Board members stating it would be good to have a policy in place to help us make decisions such as this, however, as a quick glance at it, there needs to be a revisions made to it. Discussion took place on what other counties in the State have in place. Board members felt they needed some time to think about this. A suggestion that came up was to 275 have these concerned citizens adopt a portion of County Highway M in Parquette’s honor. This has been done before. Pocernich appointed Fickbohm, Crandall and Bussey to come up with a draft policy for an upcoming meeting to share with everyone. d) WCA Annual Conference will be held Sept. 25-27 in Milwaukee. If anyone is interested in going contact Abeles-Allison. Presently Abeles- Allison, Pocernich, Crandall are going. 24. Supervisors’ Reports: None. a) The Board was reminded that the Wisconsin State Supreme Court will be in Washburn. Supervisor Rondeau at this time, asked if it would be possible to hold a meeting in Cable. We have discussed this previously but it wasn’t brought up again. Can we think about this. Also, Pocernich reminded everyone that our meeting date with the Red Cliff Tribe of Lake Superior Chippewa needs to be set as well. b) A meeting was held in Ashland regarding research and input of contaminants to the drinking water, including urban spaces, from goose and seagull poop. c) Governor Cabinet Members: It was reported that Jan Victorson met with DNR Forest Service personnel and local responders in regard to Birch Grove to help them understand the strength of partnership up here and how we all work together in tragedies. d) At the Steak Pit gathering, the Manure Storage Ordinance was mentioned to Kathy from the State Legislature, and she listened. They also discussed shoreland zoning, cell service and township still in need of help. They thanked everyone for sending the National Guard for help and quick responses. e) A reminder that Red Cliff Days are this weekend. 25. Future Agenda Items: f) Supervisor Strand asked that a resolution be put on a future County Board agenda acknowledging and thanking County staff for their help in response to the two natural disaster emergencies in July. There being no further business to come before the Bayfield County Board of Supervisors, Chairman Pocernich adjourned the meeting at 8:10 p.m. Respectfully submitted, Scott S. Fibert, Bayfield County Clerk SSF/dmb