HomeMy WebLinkAboutCounty Board of Supervisors - Minutes - 11/15/2016299
Minutes of the
Bayfield County Board of Supervisors’ Meeting
November 15, 2016 – 6:00 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: Strand-present; Williams-absent; Coughtry-
present; Miller-present; Crandall-present; Rondeau-present; Goodwin-present; Bussey-
present; Fickbohm-present; Maki-present; Oswald-present; Silbert-present; Pocernich-
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; Jan Victorson, Emergency Mgmt.
Coordinator; Paul Susienka, Sheriff; Dan Clark, Chief Deputy; Ben Dufford, L&W County
Conservationist; Robert Schierman, Zoning Administrator; Tim Kane, UW-Extension
Educator; Thomas Toepfer, Highway Commissioner; Brenda Spurlock, Criminal Justice
Coordinator; Jason Fischbach, County Ag Agent; Scottie Sandstrom, Bayfield County
Economic Development Rep.; Attorney Linda Coleman.
1. The Pledge of Allegiance was recited by all in attendance.
2. Motion Regarding Minutes of October 18, 2016, Bayfield County Board
of Supervisors’ Meeting. The Board dispensed with the reading of the minutes. To see a
copy of the October 18, 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/Miller to adopt the October 18, 2016 Minutes of the Bayfield
County Board of Supervisors’ Meeting. The motion carried.
3. Public Comment.
Tony Litwiwchuk, first wanted to thank everyone for their services and then
wanted to address a few issues regarding the ATV trail issue. He is a resident on County
Hwy D and has witnessed many things; homes are too close to the trails and driving habits
of people continue to amaze him. There is excessive speed, u-turns in yards, passing in no
passing zones. There is a lot of noise and this has become an issue. The ATV’s are usually
in large groups. He is asking the Board to close the road.
Steve Bollig stated that the Board was asked to open County Hwy D back in
December of 2015. 2/3 of the people that live on “D” want it opened and to stay open. He
further pointed out that at that time, Tony had signed the petition to open it up. He has a
Petition from residents in the Town of Namakagon who wish to keep the road open, and
wants this placed on file. This is a route that connects Rock Lake Rroad to Pioneer Road
to Clam Lake on to the trail system. This summer when we had the flood, #204 was washed
out. Any traffic that could go south had to go around Pioneer Lake to Clam Lake. Any
traffic that could split, couldn’t do so because of the wash out. The Towns of Grand View
and Namakagon previously sponsored the opening of this highway. He has not heard of any
300
issues regarding the ATVs. There have been 2 formal complaints made to Sheriff’s Dept.,
one being a person he did not know. Local businesses have generated additional revenue.
He thanked the Board for the time to speak to them.
Ron Pillar, has lived here since 1989 full time. The ATVs do not disturb him; he has
had no incidences where there have been accidents. I can’t see why we are having this
meeting when it was already passed. This has been discussed and it was approved.
Kris Rockdash, Hayward Chamber of Commerce is in support of our friends and
neighbors in Bayfield County. We know how important it is for our trails to be open. It is
discerning when we hear about possible trail closings. He is not aware of any safety issues.
He agreed that this would call for more looking at. On the issue of economic grounds, it is
a key connector for route that we don’t always have. The Chamber is in support of keeping
them open.
Jay Traitor, stated he is a Sawyer County resident, ATV enthusiast, and wants to
say that the clubs and groups that use this trail feel it is very important to connect
Sawyer and Bayfield counties. We are working responsibly to keep trails open.
There being no further public comment, Chairman Pocernich closed public comment.
4. Bayfield County Sheriff’s Office Presentation and Video Regarding July
11th, 2016 Flooding. Chairman Pocernich explained that the Board will be watching a
video that was put together on behalf of the flooding that took place this summer, the
rescue efforts, and the rescue of Deputy Dawson. Pocernich turned the meeting over to
Sheriff Paul Susienka and Chief Deputy Dan Clark for a video presentation. Susienka gave
a brief background of what happened that night. Clark explained what was needed to set
the scene for the video. The Board and those in the audience watched the video.
Clark explained that while Motorola radios are water resistant not water proof.
The Motorola Company was interested in seeing the radio after the incident. They
cleaned it up, put in a new battery and it is being used again today. Motorola was
interested in this story as were approximately 250 others who watched both in person and
via skyping. One person stated that they never hear about these types of stories, so it is
nice to hear that the radios worked. It was noted that Dawson used his tourniquet to tie
himself to the tree not so that he would stay in the tree, but so that the officers would
find his body. With that, Clark closed his speaking.
5. Beth Meyers, State Assembly Representative, Address & Citation
Presentation. Meyers was present via a video stating that both she and Janet Bewley
wished they could be there in person but unfortunately could not. On behalf of both of
them, Meyers stated she wanted to take this time to thank everyone for their services; to
friends, family and neighbors, who made this rescue a success, and to keep up the good
work. You are appreciated.
Supervisor Jeremy Oswald read plaques which were presented to all of the rescue
services from Beth Meyers and Janet Bewley. The services were asked to stand up and to
301
introduce themselves, and were then presented with the plaques. The towns that were
involved are: Grand View Fire Department; Great Divide Ambulance Service; Mason
Ambulance Service; Mason Fire Department; Namakagon Fire Department; and the
Bayfield County Sheriff’s Office. The Board thanked them for all of their work and
diligent service they gave to the Bayfield County communities.
The Bayfield County Highway Department and Tom Toepfer, Highway Commissioner,
were also thanked for their due diligence in making sure the highways and roads in
Bayfield County were properly marked for closures or alternate routes. They did a
tremendous job in making sure everyone would be safe. Good job to everyone!
At this point, the Board took a short recess at 6:30.
6. Bayfield County Resolution 2016-62, Cooperative Law Enforcement
Services between the Bayfield County Sheriff’s Office and the Red Cliff Tribe.
Sheriff Susienka reported that this is an annual agreement used for law enforcement for
the Red Cliff Police Department and Bayfield County. It is required by law that Red Cliff
and Bayfield County agree and sign an agreement. This is before you as a Board to sign
and adopt. The Board dispensed with the reading of the Resolution, which reads as
follows:
WHEREAS, the Red Cliff Band of Lake Superior Chippewa Indians is a federally
recognized Indian Tribe, organized under a Constitution adopted August 25, 1938, and
approved on November 9, 1938, pursuant to section 16 of the Indian reorganization Act;
and
WHEREAS, the Tribal and Bayfield County Law Enforcement Agencies have had a
history of cooperation in striving to meet the Red Cliff Community’s law enforcement
needs; and
WHEREAS, Wisconsin Statute 165.90 provides for the establishment of
cooperative law enforcement efforts between County and Tribal Law Enforcement
Agencies; and
WHEREAS, County and Tribal Law Enforcement Officials have worked together to
develop the FY 2016 County-Tribal Law Enforcement (CTLE) Plan and grant application.
NOW, THEREFORE, BE IT RESOLVED, that the Bayfield County Board of
Supervisors assembled this 15th day of November, 2016, does hereby encourage continued
cooperation between the County and Tribal Law Enforcement Agencies and approve the
2017 County-Tribal Law Enforcement Plan and Grant Application.
By Action of the
Bayfield County Board of Supervisors
Dennis M. Pocernich, Chairman
302
A motion was made by Rondeau/Coughtry to adopt Bayfield County Resolution
No. 2016-62, Cooperative Law Enforcement Services between the Bayfield County
Sheriff’s Department and the Red Cliff Tribe. The motion carried.
7. Bayfield County Resolution No. 2016-67, To Establish a Contract
between the Bayfield County Board of Supervisors and Arrowhead Regional
Corrections for the Housing of Juveniles. Elizabeth Skulan, DHS Director, was present
to give a quick summary of the resolution. The Board dispensed the reading of the
Resolution, which reads as follows:
WHEREAS, Bayfield County, Wisconsin must provide detention services for
Bayfield County youth who have violated local, state or federal law; and
WHEREAS, the closest secure juvenile detention facilities in Wisconsin are at a
greater distance than Arrowhead Regional Corrections, Duluth, Minnesota; and
WHEREAS, Arrowhead Regional Corrections would save Bayfield County resources
if only used for short-term (under 72 hour) detentions, while it allows Bayfield County
youth to be closer to home in the instance of short-term stays; and
WHEREAS, Wisconsin State Statute 938.223 states “the county board of
supervisors of any county may contract with one or more counties in Minnesota that
operate a juvenile detention facility for the use of one or more Minnesota juvenile
detention facilities;” and
WHEREAS, Bayfield County shall pay for detention beds at a rate of $225 per day
and Bayfield County is responsible for transportation; treatment - including Alcohol and
other Drug Abuse and Mental Health Services; all medical and dental care costs; as well as
education costs if the youth is detained for more than 72 hours, not including weekends
and holidays; and
WHEREAS, Arrowhead Juvenile Center, Duluth Minnesota is subject to inspection
by the Wisconsin Department of Corrections so that Wisconsin youth may be placed there.
In addition, the Arrowhead Juvenile Center must be in compliance with Chapter DOC 346
Secure Detention for Juveniles administered by the Wisconsin Department of Corrections
in addition to Minnesota Rule 2960; and
WHEREAS, Arrowhead Juvenile Center has indicated that there are beds available
in their secure detention facility for the detention of Bayfield County juveniles; and
WHEREAS, Arrowhead Regional Corrections has indicated that there are beds
available in their secure detention facility for the detention of Bayfield County juveniles;
and
WHEREAS, the proximity of Arrowhead Juvenile Center to Bayfield County
families and professionals allows greater ease and capacity for family and professional
visits.
303
THEREFORE, BE IT RESOLVED, that the Bayfield County Board of Supervisors
assembled this 15th day of November, 2016, will enter into a contract with Arrowhead
Regional Corrections to facilitate the short-term (less than 72 hour) housing of juveniles.
By Action of the
Bayfield County Board of Supervisors
Dennis M. Pocernich, Chairman
A motion was made by Strand/Crandall to adopt Bayfield County Resolution No.
2016-67, To Establish a Contract Between the Bayfield County Board of Supervisors
and Arrowhead Regional Corrections for the Housing of Juveniles. Discussion took
place regarding the change in cost per day. The motion carried.
8. Bayfield County Resolution No. 2016-68, To Enable Bayfield County, as
Fiscal Agent to the Aging and Disability Resource Center of the North (ADRC-N) to
Establish an ADRC-N Regional Contingency Fund. Skulan explained that Bayfield County
is the fiscal agent for a 5-county region. We hold funds and in the course of our audit, we
need a Resolution that states that Bayfield County is holding these funds. Skulan reported
that this has been reviewed and approved by the DHS committee. The Board dispensed
with the reading of the Resolution, which reads as follows:
WHEREAS, the Bayfield County Department of Human Services (DHS) has been
identified as the Fiscal Agent for the Regional Aging and Disability Resource Center of the
North (ADRC – N) consisting of Ashland, Bayfield, Iron, Price and Sawyer Counties; and
WHEREAS, the ADRC – N requires counties that employ regional positions to
provide indirect expenses and Agency Management, Support and Overhead (AMSO) for
the regional positions; and
WHEREAS, federal matching funds are passed through to counties for regional
positions, which provides reimbursement for approximately 50% of the Counties indirect
and AMSO costs for regional positions; and
WHHEREAS, when there are contract funds unspent at the end of the ADRC- N’s
fiscal year, the Governing Board can direct the Fiscal Agent to reimburse for some or all
of the remaining 50% that counties claim for the indirect and AMSO costs of regional
positions, rather than allow funds to revert back to the State; and
WHEREAS, the ADRC – N may ask that counties who receive these unanticipated
revenues return a portion of them to Bayfield County, the Fiscal Agent, to be held in a
non-lapsing account for the Aging and Disability Resource Center of the North to be used
for unanticipated, non-recurring expenses; and
WHHERAS, $50,357 has been paid by partner counties at the direction of the
ADRC – N Governing Board in 2015 to be held in trust by Bayfield County;
WHEREAS, establishing the trust for the Aging and Disability Resource Center of
the North (ADRC – N) clearly identifies that the funds do not belong to Bayfield County
304
and requires a resolution by the full County Board in order to satisfy the State and local
auditors;
NOW, THEREFORE, BE IT RESOLVED, that the Bayfield County Board of
Supervisors assembled this 15th day of November, 2016, authorizes Bayfield County, as
Fiscal Agent of the Aging and Disability Resource Center of the North, to hold ADRC – N
funds in trust until such a time as they are needed to cover ADRC – N expenses.
By Action of the
Bayfield County Board of Supervisors
Dennis M. Pocernich, Chairman
A motion was made by Strand/Crandall to adopt Bayfield County Resolution No.
2016-68, To Enable Bayfield County, as Fiscal Agent to the Aging and Disability
Resource Center of the North (ADRC-N) to Establish an ADRC-N Regional
Contingency Fund. The motion carried.
9. Report of the Bayfield County Planning and Zoning Committee Regarding
the Amendment of Section 13-1-107 (1.6), Code of Ordinances, Bayfield County, WI
– Uniform Dwelling Code Regulations. Robert Schierman, Zoning Director, explained that
a uniform dwelling code inspector looked at the language in our Ordinances. Schierman is
unsure that our citizens receive the best service possible. In this process, they have
learned that our ordinance language was contradictory to state statutes and have brought
forth new language. It has been reviewed and approved by the Zoning Committee. The
Board dispensed with the reading of the Report reads as follows:
Sec. 13-1-107 Uniform Dwelling Code (UDC) Regulations.
1.6 BUILDING PERMIT REQUIRED. If a person erects, rebuilds, structurally alters
or converts a building in excess of 150 square feet in any twelve month period; or builds or
installs a new building, within the scope of this ordinance, they shall first obtain a building
permit for such work from the building inspector (excepting re-siding, re-roofing, finishing
of interior surfaces and installation of cabinetry shall be exempted from permit
requirements). Any structural changes or major changes to mechanical systems that
involve extensions shall require permits if over the forgoing thresholds. Restoration or
repair of an installation to its previous code- compliant condition as determined by the
building inspector is exempted from permit requirements.
The Bayfield County Planning and Zoning Committee recommendation is:
XX Be Approved
Date: October 20, 2016
BAYFIELD COUNTY PLANNING AND ZONING COMMITTEE
William Bussey, Dennis Pocernich, Brett Rondeau, Jeff Silbert, Fred Strand
305
A motion was made by Rondeau/Silbert to receive and place on file the report
of the Bayfield County Planning and Zoning Committee Regarding the Amendment of
Section 13-1-107 (1.6), Code of Ordinances, Bayfield County, WI – Uniform Dwelling
Code Regulations. The motion carried.
10. Bayfield County Amendatory Ordinance, No. 2016-22, Regarding the
Amendment of Section 13-1-107 (1.6), Code of Ordinances, Bayfield County, WI –
Uniform Dwelling Code Regulations. The Board dispensed with the reading of the
Ordinance, which reads as follows:
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 amend
language in Section 13-1-107 [1.6] Code of Ordinances, Bayfield County, Wisconsin to
delete the wording “in excess of 150 square feet in any twelve month period”; and
Section 1. BUILDING PERMIT REQUIRED. If a person erects, rebuilds, structurally
alters or converts a building in excess of 150 square feet $3,000.00 in any twelve month
period, adds onto a building in excess of $3,000.00 in any twelve month period, or builds or
installs a new building, within the scope of this ordinance, they shall first obtain a building
permit for such work from the building inspector (excepting re-siding, re-roofing, finishing
of interior surfaces and installation of cabinetry shall be exempted from permit
requirements). Any structural changes or major changes to mechanical systems that
involve extensions shall require permits if over the forgoing thresholds. Restoration or
repair of an installation to its previous code- compliant condition as determined by the
building inspector is exempted from permit requirements.
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.
The Bayfield County Board of Supervisors decision is: Be Approved:
306
By Action of the
Bayfield County Board of Supervisors
Attested to by:
Dennis M. Pocernich, Chairman
A motion was made by Rondeau/Silbert to adopt Bayfield County Zoning
Amendatory Ordinance No. 2016-22, Regarding the Amendment of Section 13-1-107
(1.6), Code of Ordinances, Bayfield County, WI – Uniform Dwelling Code Regulations.
Discussion took place regarding the language that Schierman presented to the Board.
There are 3 paragraphs with similar language and they discussed each. It was the Zoning
Committee’s recommendation that the last paragraph be used as the new language and that
is what is in the Amendatory Ordinance.
A motion was made to amend the motion to use the last paragraph submitted,
which is the desired language for the Wisconsin Uniform Dwelling Code. A vote was
taken on the amendment to the l motion which carried. A second vote was on the
original motion as amended which also carried.
11. Bayfield County Ordinance No. 2016-21, Amending Bayfield County
Ordinance, Chapter 3, All-Terrain Vehicles and Off-Road Motor Vehicle Operations,”
Section 10-3-10 “Designated Routes.” Abeles-Allison updated the Board on the
Ordinance. In 2015 Bayfield County added this as a designated ATV Route. The issue of
taking it off as an ATV route came up through the Highway Committee and it was been
brought to the Board for their consideration. The Board dispensed with reading 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.
307
NOW, THEREFORE, BE IT RESOLVED, the Bayfield County Board of Supervisors
assembled this 15th day of November, 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:
4. CTH D (CTH M to Pioneer Road) 6.07 miles should be changed to read:
4. CTH D (CTH M to Garden Lake Road) 0.89 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 15th day of
November, 2016.
By Action of the
BAYFIELD COUNTY BOARD OF SUPERVISORS
Attested to by:
Dennis M. Pocernich, Chairman
A motion was made by Crandall/Oswald to adopt Bayfield County Amendatory
Ordinance No. 2016-21, All-Terrain Vehicles and Off-Road Motor Vehicle Operation,
Section 10-3-10, Designated Routes. Discussion took place on what kind of message
are we sending to the public. We are closing a trail and we are looking for alternate ways
to open other lands. People in the audience that are on the route want to keep it open.
We can’t close a route without giving them an alternate route; to end the trail and be done
is unfair to the public. It is important to have the ATV people here, they buy licenses,
gas, pay taxes, etc. The Board wanted to hear from Tom Toepfer and Sheriff Susienka
on the issues of highway safety. Toepfer sent a memo to the Board stating: “after seeing
the amount of ATV/UTV use and recognizing our responsibility on CTH D, functionally
classified as a major collector with an average daily traffic count of 600-700 automobiles
daily, the Bayfield County Highway Committee has taken action to revoke the route and
return to the original intent of our policy.”
Toepfer wants a decision whether we want ATV and UTV on our roads. If we allow
one and not the other - give him some direction. This is only limited to County D right
now. It has been a monthly ordeal to have requests to open up other roads. If all of the
308
roads were opened up his job would be easier. The problem is some are opened and others
are not. It would be easier to open them all up. This is a Bboard decision. ATV’s don’t
cause damage to the roads that are extensive. In the agreement it would be the township
that would take care of it.
Discussion took place on what the basis was for opening it up in 2015? It was
explained to access businesses, etc. Once the town roads were opened up they became
active routes. This Co Hwy D route is the largest stretch. The Highway Committee has
struggled with this over the last few days. At one time we opened more, and recently
decided that ATV at high speeds on County Highways with highway vehicles isn’t a good
idea and listed the reasons. Further discussion was held on whether we want all county
roads to allow access to ATVs. The Highway Committee looked at this and saw that Co
Hwy D there is too much traffic and it is windy. The Committee needed further direction
from the Board.
A very lengthy discussion took place that many Board members were not aware that
the town roads are not open; in the Northern part of Bayfield County the roads are open.
Supervisor Miller asked if the floor could be opened up to the audience for a time period
of 10 minutes for further comments. A motion was made by Miller/Rondeau to suspend
the rules to allow for public comment for approximately 10 minutes. The motion
carried with one opposition.
Chairman Pocernich asked if anyone from the audience would like to speak.
Jim from Run-A-Muck Rides, stated there is no way to get around because township
roads don’t connect to Bayfield County forest land. He stated that he had approximately
5,700 renters last year in Sawyer County. He stated that accidents do happen but there
are more traffic accidents. This would jeopardize his business.
Mark Demonkowski, Cable. One important part is the safety factor. It has been
open for 11 months and there have not been any accidents. He believes that if it was a
problem or a safety issue there would have been accidents – that should speak for itself.
Tony Litwiwchuk, heard the numbers of ATVs coming down Co Hwy D. We share the
same privileges for less noise. I know the ATVS are there, if we could find a different
route, but he doesn’t need them to come up and down. It is loud and believes it is a
disaster waiting to happen. You have bikers, rollerbladers, etc. Snowmobilers have worked
together in getting snowmobile trails together, why can’t ATVers work with land owners as
well?
Steve Bollig stated everyone pays taxes. This isn’t relevant to this issue. The Fun
in the Forest, annual ATV ride put on by WACO, Toys for Tots type ride. When he went
forward with this petition a year ago, it is the only way you get a road open. He went to
Town of Namakagon, you need 2/3rds vote. There are problems, there is always going to
be noise. Some people like it really quiet, some like power sports, we all have to get along
and find ways of working together. There are about 3-4 weekends when a club may come
309
to the area and stay. To his knowledge there have been no tickets written, no violation of
other properties. He asked the Board if they have heard of any complaints.
A motion was made by Miller/Bussey for a 5-minute extension for public
comment. The motion carried with one opposition.
Philip Rasmussen spoke regarding working with different communities to connect
the roads for different types of recreations. This is part of their town’s planning. The
Town Board was supportive of this when it was first submitted. They are trying to
connect places; town roads don’t reach everywhere and county roads are needed. It isn’t
that the town doesn’t want to use town roads, it is that we need the county roads as well.
Ron Pillar commented that the group of individuals is here to have it remain in place
while 1 person wants it removed.
Chairman Pocernich closed public comment.
Further discussion took place on the different entities that use either town or
county roads from bicyclists, walkers, snowmobiles, ATVs, etc. It was also discussed that
perhaps we should open up all county roads rather than the same issue coming up every few
months. If we are going to have some open and other not, open them all up and make
everyone happy. While this seemed to the favor of some Board members others were not
in favor of this. Discussion then turned to the citations and violations on this particular
stretch and Sheriff Susienka shared his comments with the Board. He isn’t opposed or
for, his job is to just keep the peace. There have been no accidents. Drinking and driving
laws for ATVs was also discussed. The Sheriff was thanked for his input.
Supervisor Miller asked for a roll call vote on this motion, as follows: Miller-
no; Crandall-yes; Rondeau-no; Goodwin-no; Bussey-no; Fickbohm-yes; Maki-no;
Oswald-yes; Silbert-no; Strand-yes; Williams-absent; Coughtry-no. Total: 13, 5
yes, 7 no. The motion failed.
Pocernich stated that this could have been revoked by the Highway Committee at
any time, however this is a County Ordinance and the Highway Committee felt it should be
brought to the full Board.
12. Discussion and Possible Action Regarding Bayfield County Business Park
Plan. Scottie Sandstrom was present to update the Board on the Business Park Plan. He
stated that approximately one year ago, a plan was shared with the Board regarding
property off of US Hwy 2, whereby the Board agreed to hire the consulting firm of Cedar
Corporation to develop a Business Park Plan. Since then we have formed a 5-member
committee which consists of: 2 business representatives: Xcel and Norvado; Brett
Rondeau, Chair of the Bayfield County Executive Committee; Mark Abeles-Allison, County
Administrator; and himself.
The Committee has been working on the plan since the first of the year.
Encouraging other townships to do so as well, and recently the town of Barnes is also using
310
Cedar Corp. to market their business park. Sandstrom gave a powerpoint presentation
going over the plans for the business park.
A motion was made by Bussey/Crandall to approve the Bayfield County Business
Park Plan. Discussion regarding the endless use of water on the property. It was stated
that the well has dug but not used yet. Sandstrom stated that he recently spoke to
someone that would like to purchase property. There is a well that could be put into
operation, and shared with others. Discussion on whether this should be included so that
there isn’t a “free for all” of water, rather it is shared. We still have the right to limit
use. Grant funding is required when seeking development. Waste-water discharge/storm
water use is in the plan for this. There was no further discussion and the motion carried.
13. Bayfield County Resolution No. 2016-63, Designation of Authorized
Depositories for Bayfield County. The Board dispensed with the reading of the
Resolution, which reads as follows:
WHEREAS, it may be necessary to borrow funds on a short term basis in order to
meet payrolls and other obligations including current and ordinary expenses within the
next year.
NOW, THEREFORE, BE IT RESOLVED, by the Bayfield County Board of
Supervisors of Bayfield County in annual session, assembled this 15th day of November,
2016, directs and authorizes the County Board Chairman of the County of Bayfield, the
County Clerk, and the County Treasurer, to borrow funds on a short term basis for 2017,
in an amount not to exceed Three Hundred Thousand Dollars ($300,000.00) in aggregate if
in their opinion it should be to the County’s best interest to make such loan or loans.
By Action of the
BAYFIELD COUNTY BOARD OF SUPERVISORS
Dennis M. Pocernich, Chairman
A motion was made by Rondeau/Miller to adopt Bayfield County Resolution No.
2016-63, Designation of Authorized Depositories for Bayfield County. The motion
carried.
14. Bayfield County Resolution No. 2016-64, Authorization for County Board
Chairman, County Clerk, and the County Treasurer of the County of Bayfield to make
Short Term Loans. The Board dispensed with the reading of the Resolution, which reads
as follows:
WHEREAS, Section 34.05 of the Wisconsin Statutes authorizes counties to invest
any of their funds not immediately needed, in time deposits, in banks, or savings and loan
associations, in accordance with and subject to the limitations of Wisconsin Statute
§66.0603(1m), and also authorizes counties to engage in financial transactions in which the
public depository agrees to repay funds advanced to it by the county plus interest, if the
agreement is secured by bonds or securities issued or guaranteed as to principal and
interest by the Federal Government; and
311
WHEREAS, it appears to be to the financial benefit of the County and its citizens
to invest funds not immediately needed in such deposits and to enter into such financial
transactions from time to time; and
NOW, THEREFORE, BE IT RESOLVED, that the Bayfield County Board of
Supervisors, assembled this 15th day of November, 2016, hereby authorizes and directs
the Bayfield County Treasurer to invest 2017 county funds, not immediately needed,
either in time deposits in accordance with and subject to the limitations of Wisconsin
Statute §66.0603, or by entering into financial transactions in which a public depository
agrees to repay funds advanced to it by the County plus interest, if the agreement is fully
secured by securities issued or guaranteed as to principal and interest by the Federal
Government, with any of the following financial institutions, which have been designated as
public depositories for Bayfield County: Bremer Bank & Bremer Trust; Security State
Bank; Northern State Bank; Chippewa Valley Bank; and the Local Government Investment
Pool, investing in public instruments as approved by the County Executive Committee in
accordance with county and state investment policies and laws;
BE IT FURTHER RESOLVED, that County funds not so invested shall be deposited
in checking or savings accounts at any of the foregoing institutions.
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.
2016-64, Authorization for County Board Chairman, County Clerk, and the County
Treasurer of the County of Bayfield to make Short Term Loans. The motion carried.
15. Bayfield County Resolution No. 2016-65, Holding of Meetings as may be
Necessary to Conduct Business in 2017. The Board dispensed with the reading of the
Resolution, which reads as follows:
WHEREAS, Wisconsin Statute §59.13(2)(a) requires counties containing less than
25,000 population, to 20 days, not more than 10 of which shall be for services on any one
committee, except that the Board may increase the number of committee meetings under
par. (b) and similarly fix the compensation of the members for the additional meetings;
and
WHEREAS, the committees of the Bayfield County Board of Supervisors are
required to conduct business of said Bayfield County, to hold and conduct committee
meetings in excess of the number permitted by State Statute §59.13(2)(a); and
WHEREAS, by action of the Bayfield County Board of Supervisors, the number of
meetings of said committees beyond the statutory limit may be extended.
312
NOW, THEREFORE, BE IT RESOLVED, that the Bayfield County Board of
Supervisors assembled this 15th day of November, 2016, agree that the committees of the
Bayfield County Board of Supervisors be and are hereby authorized to hold such meetings
during the year 2017, as may be necessary to conduct the business of said Bayfield County.
By Action of the
BAYFIELD COUNTY BOARD OF SUPERVISORS
Dennis M. Pocernich, Chairman
A motion was made by Crandall/Rondeau to adopt Bayfield County Resolution
No. 2016-65, Holding of Meetings as may be Necessary to Conduct Business in 2017.
The motion carried.
16. Bayfield County Resolution No. 2016-66, Regarding Year End Budget
Amendment for Copy Machine Fund 730. 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 line
item to another must be approved by the County Executive Committee and changes to the
bottom line of a budget must be approved by the County Board; and
WHEREAS, several additional copiers were moved to the internal service copier
fund rather than being stand-alone copiers paid directly by the department; and
WHEREAS, $28,500 is anticipated to be expended in 2016, exceeding the
budgeted amount by $13,000; and
WHEREAS, interdepartmental copy costs collected in 2016 will offset the
additional expenses.
NOW, THEREFORE, BE IT RESOLVED, that the Bayfield County Board of
Supervisors assembled this 15th day of November, 2016 approves the following 2016
budget amendments:
Increase Expense Budget line 730-73-51455-50240 by $10,200 Repair &
Maintenance
Increase Expense Budget line 730-73-51455-50540 by $2,800 Depreciation &
Amortization
Increase Revenue Budget line 730-73-47412 by $13,000 Interdepartmental Copy
Charge.
By Action of the
BAYFIELD COUNTY BOARD OF SUPERVISORS
Dennis M. Pocernich, Chairman
A motion was made by Bussey/Silbert to adopt Bayfield County Resolution No.
2016-66, Regarding Year End Budget Amendment for Copy Machine Fund 730. A roll
313
call vote was taken as follows: Crandall-yes; Rondeau-yes; Goodwin-yes; Bussey-yes;
Fickbohm-yes; Maki-yes; Oswald-yes; Silbert-yes; Pocernich-yes; Strand-yes;
Williams-absent; Coughtry-yes; Miller-yes. Total: 13, 12 yes, 0 no, 1 absent, the
motion carried.
17. Bayfield County Resolution No. 2016-69, Request to Amend UW-
Extension 292 Fund Budget. Tim Kane, UW-Extension Educator; was present to explain
that the budget amendment is for 3 grants; 2 new ones and 1 old one. The Board
dispensed with the reading of the Resolution, which reads as follows:
WHEREAS, the Bayfield County UW-Extension Office has received a grant from
the Specialty Crop Block Grant program through the State of Wisconsin Department of
Agriculture, Trade and Consumer Protection so that Bayfield County UW-Extension can
work with area school districts and commercial vegetable growers to develop a deep winter
salad greens production system using high tunnel greenhouses with results disseminated
statewide; and
WHEREAS, the Bayfield County UW-Extension Office is continuing its partnership
with the University of Wisconsin and the University of Minnesota and their contract with
the USDA SARE program, to continue with the investment made toward the development
of a commercial hazelnut industry. Specifically, this project will capitalize on previous
germplasm development work by deploying the first generation of select genotypes
identified through the Hazelnut Improvement Program. Four of these select genotypes will
be propagated and established on fifteen on-farm plantings across the Upper Midwest.
These plantings will allow us to quantify yields and performance in advance of possible
commercial release of the material. In addition, the plantings will allow growers to develop
the agronomic experience and skills specific to the genotypes; and
WHEREAS, the Bayfield County UW-Extension Office has expended funds above
the amount budgeted for 2016 for the USDA/WIDATCP Specialty Crop Grant: Hazelnut
Micro-Propagation and will receive funds above the amount budgeted for 2016 from the
USDA/WIDATCP Specialty Crop Grant: Hazelnut Micro-Propagation; and
WHEREAS, the 2016 Bayfield County UW-Extension 292 budget needs to be
amended to reflect these increases and expenses:
Revenue Accounts to increase for a total of $50,150.28
# 292-25-43570-010 Deep Winter Salad Greens in the amount of $23,340.23
# 292-25-43570-011 Scaling-Up Hazelnuts in the amount of $6,565
# 292-25-43570-003 Specialty Block Grant-Micro-Propagation in the amount of
$20,245.05
Disbursement Accounts to increase for a total of $50,150.28
Deep Winter Salad Greens
# 292-25-55646-50290 Contractual Services in the amount of $2,781.60
# 292-25-55646-50332 Mileage in the amount of $332.63
# 292-25-55646-50340 Operating Supplies in the amount of $20,226
314
Scaling Up Hazelnuts
# 292-25-55647-50290 Contractual Services in the amount of $5,800
# 292-25-55647-50332 Mileage in the amount of $765
Specialty Crop Grant: Hazelnut Propagation
# 292-25-55642-50290 - Contractual Services in the amount of $11,735.01
# 292-25-55642-50340 - Operating Supplies in the amount of $8,510.04
NOW, THEREFORE, BE IT RESOLVED that the Bayfield County Board of
Supervisors assembled this 15th day of November, 2016 does hereby amend the UW-
Extension 292 budget to reflect the increase in revenues by $50,150.28 and the increase
in expenditures by $50,150.28.
By Action of the
BAYFIELD COUNTY BOARD OF SUPERVISORS
Dennis M. Pocernich, Chairman
A motion was made by Goodwin/Rondeau to adopt Bayfield County Resolution
No. 2016-69, Request to Amend UW-Extension 292 Fund Budget. Discussion took
place on the hazelnut research and it was stated that this project is a State Cooperation
project with 7 other states, and Kane explained. Kane also stated that if the Board would
want a more detailed explanation of the hazelnut project, he would be happy to go over
this at a later time. New crops that have also been added are soy beans, cranberries, and
sunflowers. Nutella is a product from this as well as fresh salad oils from soy beans. The
hazelnut crop is a driven by big business stating that Ontario and Mexico City grow these
nuts. In Minnesota, General Mills wants to put them in their cereal products, trail mixes,
and so on. The hazelnut is catching on everywhere. There are 150 different varieties of
hazelnuts and we have narrowed it down to the top 5 plants, which are the larger size.
These plants are a perennial and once established are pretty well set, a long term crop. A
roll call vote took place as follows: Rondeau-yes; Goodwin-yes; Bussey-yes;
Fickbohm-yes; Maki-yes; Oswald-yes; Silbert-yes; Pocernich-yes; Strand-yes;
Williams-absent; Coughtry-yes; Miller-no; Crandall-yes. Total: 13, 11 yes, 1 no, 1
absent, the motion carried.
18. Discussion and Possible Action Regarding Contingency Fund Appropriation
of $16,000 for a County-wide Water Well Database as part of Hydrologic Atlas.
Abeles-Allison commented on this subject as it is a continuation of what we started
through the Large Scale Committee. If Bayfield County receives a Coastal Management
Grant and Land Records receives their grant, this would put us in a position that we could
manage the soil, water, depth of bedrock in an informative and detailed basis.
A motion was made by Strand/Silbert to approve the $16,000 from the
Contingency Fund for county-wide water well database as part of the hydrologic
atlas. Discussion took place, the motion carried.
315
A motion was made by Strand/Silbert to approve $16,000 from the
Contingency Fund for a county-wide water well database as part of the hydrologic
atlas. Discussion took place that we are hoping to receive the coastal management and
DNR grant and we would be able to complete the project. If we don’t receive them, we are
not liable for the rest. It was stated that this was brought up about a month ago and we
decided were not going to approve this until all of the grants were in place. Now we have
this in front of us again to vote on again. It was stated that this vital and continuation of
the Livestock Committee. This is a tool for protecting our water and we would be foolish
not to take a part of this. This is not a grant requirement that we act on this before we
get the other grants. We need to keep moving forward. The Livestock Committee
recommends that we adopt this unanimously. A roll call vote was taken as follows:
Goodwin-no; Bussey-yes; Fickbohm-yes; Maki-no; Oswald-yes; Silbert-yes;
Pocernich-yes; Strand-yes; Williams-absent; Coughtry-yes; Miller-no; Crandall-yes;
Rondeau-no. Total: 13, 8 yes, 4 no, 1 absent, the motion carried.
19. A motion was made by Rondeau/Miller to move into Executive Session
allowing for Ben Dufford, Jason Fischbach, and Attorney Coleman to also remain.
The motion carried.
A motion was made by Rondeau/Strand to move out of Executive Session. The
motion carried.
20. Administrator’s Report:
a) Upcoming Meeting Dates:
December 13th if necessary;
January 31st – 5 p.m.
February 28th
b) Information on Portage County in packet;
c) Committee meeting times have changed a bit – thank you for this;
d) Reminder of the County Holiday Lunch on Dec. 14th from 11:30 a.m. to
1:30 p.m. – Don’t forget to RSVP.
e) Get your per diems and mileage in by Dec. 16th if possible or as soon
thereafter.
There being no further business to come before the Bayfield County Board of
Supervisors, Chairman Pocernich adjourned the meeting at 9:25 p.m.
Respectfully submitted,
Scott S. Fibert
SSF/dmb