HomeMy WebLinkAboutCounty Board of Supervisors - Minutes - 10/18/2016
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Minutes of the
Bayfield County Board of Supervisors’ Meeting
October 15, 2016 – 6:00 p.m.
Bayfield County Board Room, Courthouse, Washburn, Wisconsin
Chairman Pocernich called the meeting to order at 6:04 pm. A roll call was taken by
Scott Fibert, County Clerk, as follows: Rondeau-present; Goodwin-absent; Bussey-present;
Fickbohm-present; Maki-absent; Oswald-present; Silbert-present; Pocernich-present;
Strand-present; Williams-present; Coughtry-present; Miller-present; Crandall-present.
Total 13: 11 present, 2 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; Jan Victorson, Emergency Mgmt. Coordinator; Tim
Kane, UW-Extension Educator; Brenda Spurlock, Criminal Justice Coordinator; Sara
Wartman, Health Director; Cathy Moore, Office Mgr.; Kevin Johnson, Veteran’s Service
Officer; Kay Cederberg, Clerk of Court; and Darrell Pendergrass, Librarian for the
Washburn Public Library.
1. The Pledge of Allegiance was recited by all in attendance.
2. 2017 Bayfield County Budget Public Hearing. A motion was made by
Crandall/Miller to adjourn as a County Board and convene as a Committee of the
Whole to hold a public hearing on the 2017 Bayfield County Budget. A roll call vote
was taken as follows: Goodwin-absent; Bussey-yes; Jardine-yes; Maki-absent;
Oswald-yes; Silbert-yes; Pocernich-yes; Strand-yes; Williams-yes; Coughtry-yes;
Miller-yes; Crandall-yes; Rondeau-yes. Total: 13; 11 yes, 0 no, 2 absent. The
motion carried.
The Chair turned the meeting over to County Administrator Mark Abeles-Allison
who presented the proposed 2017 budget to the Board, informing them that the Budget
was published and noticed correctly in the Ashland Daily Press and on the County’s
website. Abeles-Allison gave a quick summary of the budget and levy. The Executive
Committee met 4 times and it was the consensus of the Committee that the 2017 levy be
the same amount as the 2016 levy. The proposed 2017 budget is $30,433,643.00 and the
levy will be $9,548,610.00. The levy is at 3.73 mills.
Chairman Pocernich asked the public if there was anyone who would like to comment
on the proposed 2017 budget. The Chair asked 2 times more, and there being no response,
the Chair closed the floor and entertained a motion to close the public hearing and to
reconvene as a County Board. A motion was made by Rondeau/Williams to close the
public hearing and reconvene as County Board. A roll call vote was taken as follows:
Bussey-yes; Fickbohm-yes; Maki-absent; Oswald-yes; Silbert-yes; Pocernich-yes;
Strand-yes; Williams-yes; Coughtry-yes; Miller-yes; Crandall-yes; Rondeau-yes;
Goodwin-absent. Total: 13; 11 yes, 0 no, 2 absent, the motion carried.
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A motion was made by Rondeau/Williams to reopen the County Board of
Supervisors’ meeting. A roll call vote was taken as follows: Fickbohm-yes; Maki-
absent; Oswald-yes; Silbert-yes; Pocernich-yes; Strand-yes; Williams-yes;
Coughtry-yes; Miller-yes; Crandall-yes; Rondeau-yes; Goodwin-absent; Bussey-yes.
Total: 13; 11 yes, 0 no, 2 absent, the motion carried.
3. Discussion and Possible Action to Adopt the 2017 Budget in the amount
of $30,433,643.00. The Board discussed the budget in more, which afterwards a motion
was made by Bussey/Silbert to adopt the Bayfield County 2017 budget in the amount
of $30,433,643.00. A roll call vote was taken as follows: Maki-absent; Oswald-yes;
Silbert-yes; Pocernich-yes; Strand-yes; Williams-yes; Coughtry-yes; Miller-yes;
Crandall-yes; Rondeau-yes; Goodwin-absent; Bussey-yes; Fickbohm-yes. Total:
13; 11 yes, 0 no, 2 absent, the motion carried.
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4. Discussion and Possible Action to Adopt the 2017 Tax Levy in the
amount of $9,548,610.00. The Board discussed the levy to which, a motion was made
by Rondeau/Crandall to adopt the Bayfield County 2017 Tax Levy in the amount of
$9,548,610.00. A roll call vote was taken as follows: Oswald-yes; Silbert-yes;
Pocernich-yes; Strand-yes; Williams-yes; Coughtry-yes; Miller-yes; Crandall-yes;
Rondeau-yes; Goodwin-absent; Bussey-yes; Fickbohm-yes; Maki-absent. Total: 13;
11 yes, 0 no, 2 absent, the motion carried.
5. Motion Regarding Minutes of September 20, 2016, Bayfield County
Board of Supervisors’ Meeting. The Board dispensed with the reading of the minutes. To
see a copy of the September 20, 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/Williams to adopt the September 20, 2016 Minutes of the Bayfield
County Board of Supervisors’ Meeting. The motion carried.
6. Public Comment. Carol Andresen was present on behalf of the Board and
members of the Lake Association in Barnes and Friends of the Eau Claire Lakes area.
Andresen read a letter submitted by the Association which stated they were concerned
about the plan to establish a new swine concentrated animal feeding operation by an Iowa
corporation at a site in Eileen very close to streams that flow into Lake Superior.
Andresen spoke of the many risks for such a facility and are asking that the County Board
pass the Human Health Hazard Ordinance which will facilitate the management of viral and
bacterial infectious outbreaks to citizens should they develop from a confined swine
facility. She thanked the Board for their time and the Board thanked her. (The letter is
on file in the County Clerk’s office for reading).
Sheree By, Town of Delta spoke on behalf of the Bayfield County Lakes Forum. By
stated that the Forum is a citizen-volunteer conservation organization that represents
twenty-two lake associations and one lake district in Bayfield County. The BCLF also
represents over 3,000 waterfront owners, the County’s 962 lakes and miles of streams.
The BCLF is strongly asking the County Board to support the Human Health Hazard
Ordinance. By also spoke that no matter how well-planned and constructed, CAFOs
present a risk to public health. They also place the future of our tourism-based economy,
lakes, streams and ground water at risk for the short-term benefit of a few. The BCLF is
urging the Board to take a stand for our generations to come by approving the Human
Health Hazard Ordinance. By thanked the Board for their time and the Board thanked
her. (The letter is on file in the County Clerk’s office for reading)
7. Sheriff’s Department Video Presentation of July 11th Storm. This was
postponed until the November Board meeting.
8. Bayfield County Resolution No. 2016-60, 2016 Veteran’s Day
Recognition. Kevin Johnson, Veteran’s Service Officer, read the Resolution, which reads
as follows:
WHEREAS, the 11th of November, 2016 is celebrated as Veteran’s Day; and
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WHEREAS, the freedom enjoyed by our nation’s citizens is maintained by the
vigilance of our men and women in uniform; and
WHEREAS, the strength of our current military force follows in the footsteps of
generations of Veterans before them; and
WHEREAS, the United States military instills a sense of honor, duty, leadership,
commitment and respect, evident in the millions of Veterans who have returned home to
their communities as productive citizens, strengthened by their military experiences; and
WHEREAS, through their effort we stand together as a great nation dedicated to
freedom.
NOW, THEREFORE, BE IT RESOLVED, that the Bayfield County Board of
Supervisors assembled this 18th day of October, 2016, stand and salute Veterans for their
contributions, and express gratitude for all those who serve today and those Veterans
that have served their country in all branches of the Armed Forces; and
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. 2016-60, 2016 Veteran’s Day Recognition. The motion carried.
9. Bayfield County Resolution No. 2016-61, Tax Charge Backs; Year of
2015 Town of Port Wing and Year of 2015 Town of Russell. Abeles-Allison updated
the Board, as there are new members, as to how charge backs occur and the process of
making the towns whole. The Board dispensed with the reading of the Resolution, which
reads as follows:
WHEREAS, the Bayfield County Board of Supervisors, has examined a report of
the Bayfield County Treasurer setting forth the certain Tax Certificates now owned by
Bayfield County. The legal description for said Tax Certificates is as follows:
Town of Port Wing: Tax ID #36869, SW¼-SW¼, less Part of Lot 1, CSM
#1182 in V. 7, P.237 & less parcel described in V. 989, P. 476 & less parcel in
V. 1120, P. 665; Section 14-T50N-8W. This is an assessment error, a house
was mistakenly assessed as being on the parcel, but there is no house. The
Face of the Certificate is $688.55; and
Town of Russell: Tax ID #29760, 046-1080-10-990, Lot 1 of CSM, #104,
V. 6, P. 313 being a parcel in Gov’t. Lot 1 in V. 1128, P. 458. The property is
owned by a member of the Red Cliff Band of Lake Superior Chippewa Indians
and is tax exempt. The Face of the Certificate is $2,219.75; and
WHEREAS, these Tax Certificates are illegal and void in that said Certificates
were issued on the tax exempt property, or property on which there was a double or
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incorrect description and for other reasons as set forth in said Treasurer’s Report and
are not justly re-assessable.
NOW, THEREFORE, BE IT RESOLVED, that the Bayfield County Board of
Supervisors assembled this 18th day of October, 2016, authorizes that the amounts of said
illegal and void Tax Certificates are charged back to the respective towns, cities, or
villages where in such lands are situated as follows: Town of Port Wing in the amount of
$688.55 and the Town of Russell, $2,219.75.
By Action of the
Bayfield County Board of Supervisors
Dennis M. Pocernich, Chairman
A motion was made by Silbert/Bussey to adopt Bayfield County Resolution No.
2016-61, Tax Charge Backs; Year of 2015 Town of Port Wing and Year of 2015
Town of Russell. A roll call vote was taken as follows: Silbert-yes; Pocernich-yes;
Strand-yes; Williams-yes; Coughtry-yes; Miller-yes; Crandall-yes; Rondeau-yes;
Goodwin-absent; Bussey-yes; Fickbohm-yes; Maki-absent; Oswald-yes. Total: 13;
11 yes, 0 no, 2 absent, the motion carried.
10. Bayfield County Amendatory Ordinance No. 2016-19, Human Health
Hazards. Sara Wartman, Health Director, was present to explain the purpose of this
proposed Ordinance. The Board had questions for her and she stated that most counties
presently have this type of ordinance in place. Discussion took place on aerial spraying of
manure. This Ordinance does not include aerial spraying as that is determined by State
Statues, however, Bayfield County Board adopted, and has in place an Ordinance for Aerial
Spraying of Manure. The Health Department has been working on this for approximately 2
years and it is now ready for implementing with approval.
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 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 18th day of October, 2016, does hereby ordain as follows:
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5-8-1 Definitions
1. Definitions enumerated – the following definitions apply throughout the entire
Ordinance.
a. County – means Bayfield County, Wisconsin.
b. Days – means calendar days.
c. Dwelling – structure used for housing people.
d. Groundwater – all water found beneath the surface of Bayfield County
located in sand, gravel, and lime rock or sandstone geological formations or
any combinations of these formations.
e. Human Health Hazard – means a substance, activity or condition that is
known to cause acute or chronic illness or death if exposure to the
substance, activity or condition is not abated.
f. Health Officer – qualifications defined in state statute 251.06, enforces
state public health statues and rules at the local level.
g. Health Officer designee- subordinate personnel appointed by the health
officer to investigate and supervise the sanitary conditions within the
jurisdiction of the health department.
h. Ordinance – means the “Bayfield County Human Health Hazard Ordinance.”
i. Person – means any individual, firm, corporation, society, institution, public
body or any other entity.
j. Pollution – the contaminating or rendering unclean or impure of the air, land
or waters of Bayfield County making the same injurious to public health,
harmful for commercial or recreational use or deleterious to fish, bird,
animal or plant life.
k. Solid Waste – means garbage, refuse and all other discarded or salvageable
solid material, including solid waste materials resulting from industrial,
commercial, and agricultural operations and from domestic use and public
service activities, but does not include solids or dissolved material in waste
water effluent or other common water pollutants.
l. State – means State of Wisconsin.
m. Structure or Building – means a building or structure having walls and a roof
erected or set upon an individual foundation or slab constructed base
designated or used for the housing, shelter, enclosure, or support of
persons, animals or property of any kind.
n. Toxic and Hazardous Waste Materials – any chemical and/or biological
material that has the potential to create a public health hazard.
o. Vector – an organism; a carrier, including an arthropod or insect that transfers
an infective agent from one host to another.
5-8-2 General Provisions
1. Title – This ordinance shall be referred to as the “Bayfield County Human
Health Hazard Ordinance.”
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2. Effective Date – This ordinance shall be effective upon passage and publication.
3. Administration – This ordinance shall be administered by the Health Officer or
designee.
4. Interpretation – The provisions of this ordinance shall be interpreted to be
minimum requirement and shall be liberally construed in favor of Bayfield County
and shall not be deemed a limitation or repeal of any power granted by the
Wisconsin Statutes.
5-8-3 Authority
This ordinance is adopted pursuant to the authority granted by Chapters 251 and 254 of
the Wisconsin Statutes.
5-8-4 Purpose and Intent
1. General Provisions – The purpose and intent of this ordinance is to protect the
public health, safety and general welfare and to maintain and protect the
environment for the people of Bayfield County and to:
a. Prevent communicable disease.
b. Prevent the continuance of human health hazards.
c. Assure that the County and State air quality standards are complied with.
d. Assure that insects and animals do not create a human health hazard.
e. Assure that surface and groundwater meet County and State standards
and regulations.
f. Assure that solid waste is handled, stored and disposed of according to
County and State standards and regulations.
g. Assure that citizens are protected from hazards, unhealthy or unsafe
substances.
h. Provide for the administration and enforcement of this ordinance and to
provide penalties for its violation.
5-8-5 Jurisdiction
The jurisdiction of this ordinance shall include all air, land and water (both surface and
ground) within Bayfield County.
5-8-6 Severability and Repeal
1. Severability – Each section, paragraph, sentence, clause, word and provision of
this ordinance is severable, and if any provisions shall be held unconstitutional or
invalid for any reason, such decisions shall not affect the remainder of this
ordinance nor any part thereof other than that affected by such decision.
2. Repeal – All other ordinances or parts of ordinances of Bayfield County
inconsistency only, are hereby repealed.
5-8-7 Administration
1. General Provisions – The Human Health Hazard Ordinance shall be interpreted,
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administered, and enforced by the Bayfield County Health Officer or designee.
2. Powers – The Health Officer shall have all the powers necessary to enforce the
provisions of this code without limitation by reason or enumeration including the
following:
a. To enter any structure or premise at a reasonable time for the purpose of
performing duties under this ordinance and to secure a court order to
accomplish this purpose if necessary.
b. To close or restrict swimming, diving and recreational bathing if a human
health hazard exists in any area used for those purposes on a body of water
and on associated land. If closing or restrictions are necessary, the Health
Officer, or designee, shall post the area.
c. To order abatement, corrections and/or removal of any human health hazard
in compliance with this ordinance or Wisconsin Statutes or to refer to the
overseeing regulatory department or agency for enforcement of applicable
ordinances, laws and administrative codes.
d. To delegate the responsibilities of administration and enforcement of this
ordinance to a registered environmental health sanitarian or another person
qualified in the field of public health, and to use the technical assistance of
the Land and Water Conservation Department and/or Zoning Department in
enforcement.
e. To initiate any other action authorized under the law or this ordinance to
insure compliance with the purpose and intent of this ordinance and the
requirements of this ordinance.
5-8-8 Human Health Hazard
Human Health Hazard prohibited - No person shall erect, construe, cause, continue or
maintain, or permit any human health hazard within the county. Any person who shall
cause, create or maintain a human health hazard or who shall in any way, aid or
contribute to the causing, creating or maintenance thereof shall be guilty of a
violation of this Ordinance, and shall be liable for all costs and expenses attendant
upon the removal and correction of such hazard to the penalty provided in Section
1.10 of this Ordinance.
1. Responsibility of Property Owner – It shall be the responsibility of the property
owner to maintain such owner’s property in a hazard free manner and also to be
responsible for the abatement and/or correction of any human health hazard
that has been determined to exist on their property.
2. Human Health Hazard Enumerated – Specifically, but not limited by enumeration,
the following may be Human Health Hazards:
a. Unburied Carcasses – Carcasses of animals not intended for human
consumption or food which are not buried or otherwise disposed of in a
sanitary manner within the time period specified by the Health Officer or as
required by Chapter 95.50 of the Wisconsin Statutes.
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b. Waste – Accumulations of animal or human fecal matter or other materials
including, but not limited to, decayed animal or vegetable matter, hair,
feathers, eggshells, trash, rubbish, garbage, rotting lumber, bedding, packing
material, scrap metal, or any substance that either is handled, stored or
disposed of in a manner that creates an unhealthy or unsanitary condition, as
defined below, or in which flies, mosquitoes, disease carrying insects, rats or
other vermin can breed, live, nest or seek shelter.
c. Air Pollution – The presence in the atmosphere of one or more air
contaminants in such quantities and of such duration that is or has the
potential to be deleterious to fish, bird, animal or plant life.
d. Noxious Odors – Any use of property, substances or things within the County
or outside the County that emit or cause any foul, offensive, noisome or
disagreeable odors, or stenches extremely repulsive to the physical senses of
ordinary persons.
e. Solid Waste – Any solid waste which is stored or disposed of in a manner,
which may pose a Human Health Hazard as defined in 1.01(1)(e).
f. Abandoned Refrigerators and Other Air-Tight Containers – Any abandoned,
unattended or discharged icebox, refrigerator or other container which has
an air tight door or lid, snap lock or other locking device which may not be
released from the inside of said container and which is in a place that is
accessible to children regardless of the location of said container.
g. Toxic and Hazardous Material – Any chemical and/or biological material that
is stored, used or disposed of in such quantity or manner that it is, or has,
the potential to create a public health hazard.
h. Waste Water – The presence of waste water or sewage effluent from
buildings on the ground surface, backing up into the building and/or running
into a surface water body caused by a damaged malfunctioning, improperly
constructed, or inadequately maintained private sewage system or private
sewage lateral.
i. Groundwater Pollution – Addition of any chemical and/or biological substance
that would cause groundwater to be unpalatable or unfit for human
consumption. These substances include but are not limited to, the chemical
and/or biological substances listed in Chapter NR 140 of the Wisconsin
Administrative Code.
j. Holes or Openings – Any hole or opening caused by an improperly abandoned
cistern, septic tank, dug well or any other improperly abandoned, barricaded
or covered up excavation.
k. Nonfunctional Public Building Fixtures – Nonfunctioning water supply systems,
toilets, urinals, lavatories or other fixtures considered necessary to insure a
sanitary condition in a public building.
l. Disease Outbreak – Any event or business open to the public or any building,
whether public or private, where evidence of a human-borne or zoonotic
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communicable disease outbreak is occurring.
m. Unhealthy or Unsanitary Condition – Any condition or situation which renders
any property or structure or any part thereof unsanitary, unhealthy or unfit
for human habitation, occupancy or use.
n. Other – Any other situation determined by the Health Officer to be a Human
Health Hazard as defined by Subsection 5-8-1(e) of this ordinance.
3. Investigation of Possible Human Health Hazard – The Health Officer may
investigate all potential human health hazards and, if the Health Office does
investigate, shall determine whether or not a Human Health Hazard exists.
4. Abatement, Correction and Enforcement – Abatement, correction and
enforcement of a human health ordinance will be according to the provisions in
Section 1.10 of this ordinance.
5-8-9 Designation of Housing as Human Health Hazard
1. The Health Officer may declare any dwelling or dwelling unit found to have any
of the following defects a Human Health Hazard (as defined in Section 1.02
(1)(c) of this ordinance). It shall be labeled as unfit for human habitation and
shall be placarded by the Health Officer or designee.
a. A structure or building which is so damaged, decayed, dilapidated,
unsanitary, unsafe or vermin infested that it creates a serious hazard to the
health or safety of the occupants or of the public.
b. A dwelling which lacks a properly functioning public or private sanitary sewer
system, or a functioning heating system adequate to protect the health or
safety of the occupants.
c. A structure or building, because of its general condition or location, is
unsanitary or otherwise dangerous to the health or safety of the occupants
or of the public.
d. A structure or building, because of its condition, has been implicated as the
source of a confirmed case of lead poisoning or asbestosis.
2. No person shall continue to occupy, rent or lease quarters for human habitation,
which are declared unfit for human habitation by the Health Officer.
3. Any dwelling or dwelling unit identified as unfit for human habitation, and so
designated and placarded by the Health Officer, shall be vacated within a
reasonable time, as specified by the Health Officer.
4. No dwelling or dwelling unit which has been assessed and placarded as unfit for
human habitation shall again be used for human habitation until written approval
is secured from, and such placard is removed by, the Health Officer. The Health
Officer shall remove such placard whenever the defect or defects upon which
the placarding was based have been eliminated.
5. No person shall deface or remove the placard from any dwelling or dwelling unit,
which has been placarded as unfit for human habitation.
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6. Any person affected by any notice or order relating to the placarding of a
dwelling or dwelling unit for human habitation may request and shall be granted a
hearing in the matter before Bayfield County Board of Health.
7. Whenever the Health Officer determines that a violation exists or has
reasonable grounds to believe that there has been a violation of any provision of
this section, or any rule or regulation adopted pursuant thereto, he/she shall give
or cause to be given, notice of such violation to the person or persons responsible
therefore, such notice shall be in writing including a description of the real
estate involved, a statement of violations and corrective actions required, and
allowing a reasonable time for the performance of any act required. Such notice
shall be served upon the owner, and may be served by certified mail or in the
manner provided by Chapter 801, Wisconsin Statutes for service of summons.
5-8-10 Enforcement
1. Written Order – In the event a human health hazard is present, the Health
Officer has the discretion to determine if corrective action is necessary.
When a violation of this ordinance is encountered the Health Officer may issue
the violator a written order, served personally or by registered mail with return
receipt requested. This order shall specify the following:
a. The nature of the violation and the steps needed to abate and/or correct it.
b. The time period in which the violation must be corrected and/or abated shall
be stated in the order.
c. The penalty or penalties the violator would be subject to if the apparent
violation is not abated and/or corrected within the given time period, see
subsection (3) and (4) below.
2. Noncompliance with Order – If a person does not comply with a written order
from the Health Officer, the person may be subject to one or more of the
following actions and/or penalties:
a. Commencement of legal action, seeking a court imposed forfeiture and
corrective remedy.
b. Commencement of legal action seeking an injunction to abate the violation
and/or correct the damage created by the violation.
c. Any other action authorized by this ordinance or by other applicable laws as
deemed necessary by the Health Officer.
d. The initiation of one action or penalty under this section does not exempt
the apparent violator from any additional actions and/or penalties listed in
this section or under any other federal, state or local law.
3. Penalties
a. Any person that maintains a human health hazard in violation of this
ordinance or resists the enforcement of this ordinance shall be subject to a
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forfeiture of not less than $200 and not more than $500 for each violation.
b. Any person that has violated this ordinance a second time within 3 years
after the initial violation shall be subject to a forfeiture of not less than
$500 and not more than $800 for each subsequent violation.
c. Any person that has violated this ordinance three times within 3 years after
the initial violation shall be subject to a forfeiture of not less than $800
and not more the $1,100 for each such subsequent violation.
d. In addition to any forfeiture, the person shall also pay court costs and the
reasonable costs incurred by Bayfield County or its designee in correcting or
abating the Human Health Hazard.
e. Each 10-day period for which a Human Health Hazard exists is a separate
violation.
4. Initiation of Legal Action – Legal action may be initiated against a violator, as
requested by the Health Officer. Upon making such determination, the Health
Officer shall refer the violation to the Bayfield County Corporation Counsel who
may obtain an injunction to correct and/or abate the violation or seek a court-
imposed forfeiture under this ordinance.
This ordinance shall take effect upon passage by the Bayfield County Board and publication
as required by Section 59.09, Wisconsin Statutes.
By Action of the
Bayfield County Board of Supervisors
Dennis M. Pocernich, Chairman
A motion was made by Strand/Bussey to adopt Bayfield County Ordinance No.
2016-19, Human Health Hazards, deleting the 4th paragraph. Discussion as to why
the deletion and it was explained that it was inadvertently put in from a prior ordinance
revision. Further discussion took place that it felt like this was going above and beyond
what we should be governing. It was noted that this was based on the State’s model, has
been before Corporation Counsel, shows responsibility and it asserts rights to protect the
health of citizens in our county. A roll call vote was taken as follows: Pocernich-yes;
Strand-yes; Williams-yes; Coughtry-yes; Miller-no; Crandall-yes; Rondeau-yes;
Goodwin-absent; Bussey-yes; Fickbohm-yes; Maki-absent; Oswald-yes; Silbert-yes.
Total: 13; 10 yes, 1 no, 2 absent, the motion carried.
11. Bayfield County Amendatory Ordinance No. 2016-20, Amending Bayfield
County Ordinance, Chapter 3, All-Terrain Vehicles and Off-Road Motor Vehicles
Operation, Section 10-3-10, Designated Routes. 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
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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 18th day of October, 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 D (Porcupine Lake Road to Club Lake Road) 0.06 miles.
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 18th day of
October, 2016.
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. 2016-20, Amending Bayfield County Ordinance, Chapter 3, All-Terrain
Vehicles and Off-Road Motor Vehicles Operation, Section 10-3-10, Designated
Routes. The motion carried.
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12. Discussion and Possible Action Regarding Committee Meeting Times.
Chairman Pocernich stated that he had this put on the agenda for more discussion if
needed. He stated that many departments have already met and discussed having their
meetings held in the evening. It was noted that Health, Personnel, Highway and Executive
has changed their meetings times. For those that have not met yet, Chairs, keep this in
mind when putting your meeting agendas together.
13. Move Into Executive Session: A motion was made by Rondeau/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;
(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.
A motion was made by Crandall/Rondeau to move out of Closed session. The
motion carried.
14. 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.
15. Supervisor’s Report:
a. Meeting Updates: November 15th is a Statutory meeting date. If
there is enough business to have a meeting in December, we will get in
touch with everyone. Discussion took place on setting a date to meet
with the Tribe.
b. Supreme Court Reception date set for Oct. 25th and Case hearing
for Oct. 26th. There will be a lunch with the Justices on the 26th in
the EOC and a fee for the lunch. The hearing will be streamed for
viewing in the Courthouse.
c. Report on Transportation Meeting. Supervisor Silbert reported
that WCA held a transportation meeting at the Visitor’s Center and it
was fairly well attended by Ashland and Bayfield County citizens. The
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citizens voiced their discouragement for funding in our area, and
were basically told the Counties need to fix it or you figure it out.
The WCA wants input and also wants to know what happened at each
of the County’s meetings. Transportation will be a topic at Superior
Days.
d. Committee Updates:
* Personnel: working with WPPA, close to finalizing offer.
* Executive: Budget is complete, nothing to report at this time.
* Zoning: Department is doing fine; there will be another push for a
drone for the office.
* WCA Update: The convention had good sessions; listened to a lot
of graining on board and committee member training.
* Forestry: Friends of the Forest are contesting how the Forestry
Department is managed. The yurts are now in place, on-line and live.
We have had over 1,000 hits on Facebook.
* Land Conservation: We had a tour of the project within Bayfield
County. Asked to come up with a livestock manure storage ordinance.
* Health: Working on a strategic plan that will be ready early next
year.
* Tower: Permits have been received and construction will begin in
2017. We have signed the agreement and it was sent to Verizon for
their approval and signature.
* Feasibility Study: This is to study the feasibility of moving
departments around. Discussed that before anything is done that it
will come back to the full County Board.
16. Future Agenda Items. None.
There being no further business to come before the Bayfield County Board of
Supervisors, Chairman Pocernich adjourned the meeting at 7:08 p.m.
Respectfully submitted,
Scott S. Fibert,
Bayfield County Clerk
SSF/dmb