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HomeMy WebLinkAboutCounty Board of Supervisors - Minutes - 9/20/2016 276 Minutes of the Bayfield County Board of Supervisors’ Meeting September 20, 2016 – 6:00 p.m. Bayfield County Board Room, Courthouse, Washburn, Wisconsin Chairman Pocernich called the meeting to order at 6:00 pm; roll call was taken by Scott Fibert, County Clerk, as follows: Williams-present; Coughtry-present; Miller- present; Crandall-present; Rondeau-present; Goodwin-absent; Bussey-present; Fickbohm- present; Maki-present; Oswald-present; Silbert-present; Pocernich-present; Strand- present. Total 13: 12 present, 1 absent. A quorum was present to conduct business. The following were also present for this evening’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; Jason Bodine, Forest Administrator; Tim Kane, UW- Extension Educator; Brenda Spurlock, Criminal Justice Coordinator; Sara Wartman, Health Director; Shane Bagely, Representative for Verizon; and John Carlson, Corporation Counsel. 1. The Pledge of Allegiance was recited by all in attendance. 2. Moment of Silence was held by everyone in remembrance of Robert Divine, husband of Lynn Divine, Bayfield County Real Property Lister and, Helen Hmielewski, mother of Cathy Moore, Bayfield County Health Department. 3. Motion Regarding Minutes of August 30, 2016, Bayfield County Board of Supervisors’ Meeting. The Board dispensed with the reading of the Minutes. To see a copy of the August 30th, 2016 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/Strand to adopt the August 30, 2016 Minutes of the Bayfield County Board of Supervisors’ Meeting. The motion carried. 4. Public Comment – None. 5. Bayfield County Resolution No. 2016-57, Bayfield County Board of Supervisors Expresses Gratitude to Bayfield County Employees for Work Done During Recent Summer Storms. County Clerk Fibert read the Resolution, which reads as follows: WHEREAS, Bayfield County suffered from 2 storms; one on July 11th and the other on July 21st; and WHEREAS, Bayfield County expresses sadness and condolences to those affected and who have lost lives by these storms; and WHEREAS, Bayfield County’s public and private infrastructure incurred millions of dollars in damage due to these storms; and 277 WHEREAS, the Bayfield County Board quickly authorized an emergency proclamation for funding to fix our public infrastructure; and WHEREAS, several departments and their employees under the leadership of the Emergency Management Coordinator were called into action; and WHEREAS, many departments and their employees went above and beyond their duties to restore Bayfield County’s infrastructure and to help the citizens of Bayfield County. NOW, THEREFORE, BE IT RESOLVED, that the Bayfield County Board of Supervisors assembled this 20th day of September, 2016, hereby expresses gratitude, to all Bayfield County Employees, for their hard work and for going above and beyond the call of duty. Bayfield County Employees are the heart and soul of the operations of Bayfield County. By Action of the Bayfield County Board of Supervisors Dennis M. Pocernich, Chairman A motion was made whole heartedly by Silbert/Strand to adopt Bayfield County Resolution No. 2016-57, Bayfield County Board of Supervisors Expresses Gratitude to Bayfield County Employees for Work Done During Recent Summer Storms. The motion carried. 6. Discussion and Possible Action Regarding Bayfield County Resolution No. 2016-20, Regarding Authorization of Modified Verizon Tower Lease Agreement. Corporation Counsel, John Carlson went over changes that were made to the Verizon/Bayfield County Lease, specifically to Paragraph 13 “Interference.” Carlson explained that much of the language contained in this lease is boiler plate which Verizon uses, and not easily amended. A lengthy discussion took place on the language contained in the contract regarding interference and remedies that the County would have. It was explained that the possibility of Verizon equipment interfering with the County’s equipment is very unlikely as Verizon operates on 2 different bands. Bayfield County presently has some of their equipment on cell towers and they work well together. Further discussion took place on the agreement, equipment placement on the tower. Shane Bagerly, representing Verizon, made a few comments regarding the lease and Verizon’s part in it. Supervisors stated that we are putting up a one-half million dollar tower, and if Verizon can help with the expenses as well as other carriers, without interference, this is worth pursuing. It would also provide additional services that are needed to receive reception. Further discussion took place on the $10,000 deposit, which is payable in 60 days. It is noted that this is non-refundable, which is for legal fees. Further discussion on the words “harmful interference.” What we think is harmful and what another party may seem harmful may not agree. The board would like to strike the word “harmful” from the agreement. 278 It was agreed by everyone that both Item #8 and #9 on the agenda would be discussed thoroughly before acting on either. Attorney Carlson addressed many issues the Board had for him. The communications tower was budgeted for 2016. We are at the point where it is ready to be built. The City of Washburn has obtained a Conditional Use Permit and construction could be started in early fall of 2016. Further discussion took place on what type of and how much equipment would be located on the tower. Further discussion took place on Paragraph 20 regarding reassigning the lease. The Board thanked Bagely for attending this evening’s meeting to clarify items. Bagely stated this has been a lengthy process to get to this point. It started out with Verizon building the tower and now Bayfield County is constructing it. Verizon will be a good tenant for Bayfield County They are going to do what they need to do to make sure this happens and this entire project will be very beneficial for the community as a whole. The timeline for installing; once lease is approved, internally signed, now waiting on tower foundation. DSC can order tower, and everything will be done on the regulations level and the fiber will be ordered for the site by the end of October. 7. Discussion and Possible Action Regarding Washburn Communication Tower Construction not to exceed $483,428 as approved in the 2016 Budget. After much discussion regarding the tower and lease, a motion was made by Bussey/Fickbohm to authorize the County Administrator to proceed with the Washburn communication tower construction and not exceed $483,428.00 as approved in the 2016 budget. A roll call vote was taken as follows: Coughtry-yes; Miller-yes; Crandall-yes; Rondeau-yes; Goodwin-absent; Bussey-yes; Fickbohm-yes; Maki-yes; Oswald-yes; Silbert-yes; Pocernich-yes; Strand-yes; Williams-yes. Total: 13, 12 yes, 0 no, 1 absent. The motion carried. 8. Discussion and Possible Action Regarding Bayfield County Resolution No. 2016-20, Regarding Authorization of Modified Verizon Tower Lease Agreement. The Board dispensed with the reading of the Resolution, which reads as follows: WHEREAS, The Bayfield County Board approved a tower land lease with the City of Washburn on August 30, 2016; and WHEREAS, Verizon has indicated an interest in locating on this tower; and WHEREAS, The attached lease contains an option for Verizon to locate on the tower under the following terms;  30-year lease on county owned and constructed tower.  $38,400 per year in lease fees  The County will be the owner of the tower and responsible for insurance and maintenance. NOW, THEREFORE, BE IT RESOLVED, that the Bayfield County Board of Supervisors assembled this 20th day of September, 2016, hereby authorizes the County Administrator and County Clerk to sign the Verizon Tower Lease. 279 By Action of the Bayfield County Board of Supervisors Dennis M. Pocernich, Chairman A motion was made by Miller/Rondeau to adopt Bayfield County Resolution No. 2016-20, Authorization to Sign Modified Verizon Tower Lease Agreement with the noted changes from Attorney Carlson. Discussion took place regarding the authorization, which is only for the Administrator and County Clerk to sign the agreement. It will be reviewed again before it is signed. An amendment to the motion was made by Bussey/Oswald to include a provision on Page 5, 1st Paragraph to read: “in the event lessee terminates under (b(i) it shall pay an additional six months’ rent penalty for early termination.” The motion failed. An amendment to the motion was made by Bussey/Oswald that a 12-month advanced notice of termination be place in the lease per Corporation Counsel’s advice. The motion carried with one opposition. A roll call vote was taken on the original motion as follows: Miller-yes; Crandall- yes; Rondeau-yes; Goodwin-absent; Bussey-yes; Fickbohm-yes; Maki-no; Oswald-yes; Silbert-yes; Pocernich-yes; Strand-yes; Williams-yes; Coughtry-yes. Total: 13, 11 yes, 1 no, 1 absent. The motion carried. 9. Bayfield County Resolution No. 2016-58, Authorizing Purchase of DNR Land in the Town of Bayfield. Jason Bodin, Forest Administrator, was present to discuss the purchase with the County Board. Bodine stated that this is an opportunity to purchase 198.4 acres of DNR forest land adjacent to Bayfield County Forest Land at Mt. Ashwabay. This is part of a statewide initiative to transfer state lands to counties. This has a good timber value. This item has gone to both the Executive and Forestry Committees and likewise was approved. WHEREAS, the Wisconsin DNR has offered approximately 198.4 acres of land near Mt. Ashwabay in Bayfield to Bayfield County as part of a statewide land sale initiative, Wisconsin Act 20; and WHEREAS, both the Bayfield County Forestry & Parks and Executive Committees have recommended that the County Board approve this purchase; and WHEREAS, if the property is purchased in 2016 there will be a 2.5% reduction in the price; and WHEREAS, there are sufficient funds in the General Fund Balance for the purchase; and WHEREAS, the proposed purchase parcels are adjacent to existing county forest lands and trail systems; and WHEREAS, The State and County share a common interest of keeping this property accessible to the public. 280 NOW, THEREFORE, BE IT RESOLVED, that the Bayfield County Board of Supervisors assembled this 20th day of September, 2016, does hereby authorize the Bayfield County Forestry and Parks Department to purchase approximately 198.4 acres as proposed by the Wisconsin Department of Natural Resources identified as NA 890 A; and BE IT FURTHER RESOLVED, that the County Board authorizes the use of approximately $130,650 of Fund Balance to facilitate the purchase in 2016 in addition to closing costs not to exceed $5000. By Action of the Bayfield County Board of Supervisors Dennis M. Pocernich, Chairman A motion was made by Miller/Bussey to adopt Bayfield County Resolution No. 2016-58, Authorizing Purchase of DNR Land in the Town of Bayfield. Discussion took place that this purchase would be from a one-time payment from the Fund Balance. A roll call vote was taken as follows: Crandall-yes; Rondeau-yes; Goodwin-absent; Bussey-yes; Fickbohm-yes; Maki-yes; Oswald-yes; Silbert-yes; Pocernich-yes; Strand-yes; Williams- yes; Coughtry-yes; Miller-yes. Total: 13, 12 yes, 0 no, 1 absent. The motion carried. 10. Bayfield County Resolution No. 2016-59, Request to Approve the Bayfield County Aquatic Invasive Species (AIS) Strategic Plan. Abeles-Allison stated that Ben Dufford could not attend this evening’s meeting and has submitted a memo in his absence, which Abeles Allison explained. The AIS Committee reviewed it, made a few weeks and has approved it for full Board approval. The Board dispensed with the reading of the Resolution, which reads as follows: WHEREAS, aquatic invasive species (AIS) have spread into watersheds in Bayfield County and are present along coastal waterways, certain inland lakes, and streams in the county, posing increased risks to un-infested waters, and potentially threatening water quality, wildlife habitat, property values, and the tourism industry in the region; and WHEREAS, the residents and professionals in and outside of the county understand that to address AIS effectively, many activities performed by many entities are needed; and WHEREAS, the resulting plan identifies goals, objectives, and activities for implementation by many entities across the county to prevent, monitor, manage and control AIS in the county, and sustain these efforts into the future; and WHEREAS, two public informational meetings were held and public comments were received, reviewed, and added to the plan where deemed necessary; and WHEREAS, the Bayfield County Aquatic Invasive Species Strategic Plan will be revised every three years, to be revised again no later than December 31st, 2019; and 281 WHEREAS, at their September 14th, 2016 meeting, the AIS Committee approved the plan with changes made based on public input during the comment period, and forwarded the approved plan to the Bayfield County Board for their review and action. NOW, THEREFORE, BE IT RESOLVED, that the Bayfield County Board of Supervisors assembled this 20th day of September, 2016 does approve the Bayfield County Aquatic Invasive Species Strategic Plan to be effective immediately. 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. 2016-59, Request to Approve the Bayfield County Aquatic Invasive Species (AIS) Strategic Plan. The motion carried. 11. Move Into Executive Session: A motion was made by Crandall/Oswald 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; (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. The motion carried. Supervisor Rondeau left at 7:30 p.m. A motion was made by Bussey/Oswald to move out of closed session. The motion carried. 12. Administrator’s Report: a) Meeting Updates: October 18th and November 15th; b) 2017 Budget Update: Discussion meeting on Thursday at 2:00 p.m.; c) WCA Annual Meeting coming up, leaving Sunday, meeting Monday and Tuesday. If you have any special topics you would like to have Abeles-Allison ask about, let him know. Presently Mark, Dennis, Jeremy, and Jim are going. d) Supreme Court Reception will be held on Tuesday, October 25th at 5:30 p.m. The Reception will be held at the Bayfield Pavilion for a cost of $25.00. The Supreme Court will then hear cases before them on Wednesday. 13. Supervisors’ Reports: a) Meeting Dates and Times: Chairman Pocernich stated it was brought to his attention that meeting dates and times would like to be changed and can we do this? He reported that he reviewed the Code 282 of Ordinances and there is nothing that states that a committee has to be held at a specific time, in fact, each committee can set its own day and time to meet. Supervisor Coughtry stated she would like to see at some point, an Ordinance which would set meeting times after business hours. It is supposed to be open to the public, and people work; she would like to see that no meetings would start before 5 or 6 p.m. Discussion took place. Chairman Pocernich stated that he will place this on the next County Board Agenda. In the meanwhile, he stated that when you have your next Committee meetings, put this on the agenda to discuss with your Committees. Also discussed that this wouldn’t be a majority vote instead a unanimous vote from departments. Also discussed was who is to be notified if you won’t be present for a meeting. This will eliminate driving in and finding there isn’t a quorum. Mark will contact Department Heads about this and it will be talked about at the next Committee meetings and will be put on the next County Board Agenda. 14. Future Agenda Items. None. There being no further business to come before the Bayfield County Board of Supervisors, Chairman Pocernich adjourned the meeting at 7:47 p.m. Respectfully submitted, Scott S. Fibert, Bayfield County Clerk SSF/dmb