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Minutes of the
Bayfield County Board of Supervisors’ Meeting
March 28, 2017 – 6:00 p.m.
Bayfield County Board Room, Courthouse, Washburn, Wisconsin
The Bayfield County Board of Supervisors’ meeting was called to order by Chairman
Pocernich 6:03 pm. A roll call was taken by Scott Fibert, County Clerk, as follows: Silbert-
present; Pocernich-present; Strand-present; Williams-present; Coughtry-present; Miller-
present; Crandall-present; Rondeau-present; Goodwin-present via telephone-conference;
Bussey-absent; Fickbohm-present; Maki-present; Oswald-absent. 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; Sara Wartman, Health Director; Jason Bodine, Forest
Administrator; Kay Cederberg, Clerk of Court; Denise Tarasewicz, Register of Deeds; Dan
Heffner, Deputy Register of Deeds; and John Carlson, Corporation Counsel.
1. The Pledge of Allegiance was recited by all in attendance.
2. A Moment of Silence was held in memory of Richard Fredericks, former
Bayfield County Sheriff.
3. Motion Regarding Minutes of February 28, 2017 Bayfield County Board
of Supervisors’ Meetings. The Board dispensed with the reading of the minutes. To see a
copy of the minutes, please 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 Minutes of the February 28, 2017 Bayfield County Board of Supervisors’
Meeting. The motion carried.
4. Public Comment. Chairman Pocernich reminded the audience that public
comment is for a period of 15 minutes, allowing an individual to speak for no more than 3
minutes at a time. This may also be extended longer at the Board’s discretion.
Jane Bucy, Herbster, WI – stated she was present representing the Bayfield
County Economic Development Corp. “Living green” is expensive and the PACE incentive
would be a good incentive for businesses in Bayfield County. This venture will not cost the
County anything but will have a huge impact on several businesses that are presently in the
works. This would be a very worthwhile venture and you need to think long and hard about
our decisions.
James Bolen, Cable, WI – stated he is the Executive Director for the Cable
Chamber of Commerce and also sits on the Bayfield County Economic Development Board
and is here to also express his Corp. He is here this evening to also voice his support for
the passage of the PACE Resolution before you this evening. He went on to state that the
PACE program is a perfect fit for Bayfield County. It not only provides funding but equity
to any developer who is considering investing in Bayfield County. He hears repeatedly that
Bayfield County needs more opportunities for young people to choose to live and work here.
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They need jobs that are good paying jobs in order to keep them here. The only way to get
more jobs is to get more businesses to choose Bayfield County as the spot where they are
going to invest, whether by relocation or expansion. There is much competition for those
companies and having the PACE Program in Bayfield County gives us a competitive
advantage. He further explained that if a business closes its doors, it is often excessive
for a business of its kind to reopen. The debt to equity ratio is too great for any bank to
provide funding. The PACE program provides private funding that goes onto the books as
equity, and in many cases, makes the project fundable in the eyes of the bank. The
difference between a project happening or not could be the PACE program’s equity. PACE
encourages development which in turn will bring jobs and it does so in an environmentally
friendly way. He strongly urged the Board to vote for the PACE resolution.
Abeles-Allison informed the Board that the Ashland/Bayfield County Leadership
Program is underway and one of the students of this organization is present with us this
evening, Bob Miller. Bob is attending as part of his class curriculum. Welcome Bob.
5. Bayfield County Resolution No. 2017-18, Honoring Steve Krewson upon
his Retirement from the Bayfield County Sheriff’s Office. Krewson was not in
attendance. The Board dispensed with the reading of the Resolution, which reads as
follows:
WHEREAS, Steve Krewson has served Bayfield County with distinction, honor and
dedication in the Sheriff’s Department for over 23 years.
NOW, THEREFORE, BE IT RESOLVED, that the Bayfield County Board of
Supervisors assembled this 28th day of March, 2017, honors Steve Krewson for his 23
years of public service to Bayfield County and expresses gratitude for his efforts, wishing
him well in the years ahead.
By Action of the
Bayfield County Board of Supervisors
Dennis M. Pocernich, Chair
A motion was made by Rondeau/Maki to adopt Bayfield County Resolution No.
2017-18, Honoring Steve Krewson upon his Retirement from the Bayfield County
Sheriff’s Office. The motion carried.
6. Bayfield County Resolution No. 2017-19, Secure Funding to Support
Communicable Disease Control for Population Health. Sara Wartman, Health Director,
was present to explain the highlights of communicable diseases at the local level and for
the prevention of outbreaks and protection of communities. The Board dispensed with the
reading of the Resolution, which reads as follows:
WHEREAS, Wisconsin has no dedicated, stable federal and state funding sources for
communicable disease control and prevention efforts; and
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WHEREAS, a strong public health infrastructure is paramount to the health of all
citizens; and
WHEREAS, emerging and existing communicable diseases threaten health security,
economies, and quality of life for all; and
WHEREAS, communicable diseases such as Ebola, H1N1, measles, HIV and AIDS,
tuberculosis, influenza, measles, syphilis, gonorrhea, rabies, hepatitis, polio, and pertussis, can
threaten the lives and well-being of Wisconsin residents; and
WHEREAS, emerging and re-emerging threats such as Ebola, H1N1, SARS, and measles
threaten personal and community safety and require substantial resources to contain; and
WHEREAS, bloodborne pathogens that cause long-term disease such as Hepatitis C are
occurring at unprecedented rates – rates that are accelerating as a result of the opiate
epidemic; and
WHEREAS, Wisconsin local health department communicable disease programs protect
residents by investigating and controlling communicable diseases, collecting data, educating the
community about prevention and the importance of immunizations, and caring for those
affected by these diseases; and
WHEREAS, public health departments have been successful in controlling
communicable diseases through case reporting and involvement of public health staff in
referral of exposed persons for screening and prevention services; and
WHEREAS, evidence in the scientific research indicates that partner notification
services are not adequately assured in the absence of specific public health staff involvement;
and
WHEREAS, local health departments and the State of Wisconsin have demonstrated
commitment, competence and success in assuring the confidentiality of persons with reported
communicable disease for decades, including cases of AIDS; and
WHEREAS, local health departments have placed a high priority on communicable
disease control; and
WHEREAS, communicable disease control is one of the ten essential functions of public
health; and
WHEREAS, communicable disease surveillance and control is an unfunded mandate in
the State of Wisconsin, with no money provided at the local level for fulfilling requirements;
NOW, THEREFORE, BE IT RESOLVED, that the Bayfield County Board of
Supervisors assembled this 28th day of March, 2017, urges the state legislature to develop and
enact bipartisan support for funding local health departments for comprehensive, sustainable,
effective and evidence-based communicable disease control and prevention for the public’s
health. A copy of this resolution will be forwarded to state legislators.
By Action of the
Bayfield County Board of Supervisors
Dennis M. Pocernich, Chair
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A motion was made by Maki/Coughtry to adopt Bayfield County Resolution No.
2017-19, To Secure Funding to Support Communicable Disease Control for Population
Health. Supervisor Strand informed the Board that this has been discussed, reviewed
and is recommended by the Health Board to be passed by the County Board. Discussion
took place. The motion carried.
7. Bayfield County Resolution No. 2017-23, Budget Amendment Regarding
Sale of County Forest Land to the Red Cliff Band of Lake Superior Chippewa and the
Withdrawal from County Forest Law and Knowles-Nelson Stewardship Grant
Application for the Acquisition of County Forest Land. A motion was made by
Silbert/Williams to suspend the rules to allow Chad Abel, Natural Resources Division
Administrator, to speak to the Board. The motion carried. Able updated the Board on
the transaction referred to in the Resolution. Discussion took place that hunting, fishing
and gathering will be allowed, but no further timber harvesting will take place on this land.
Questions pertaining to zoning issues in the future were discussed. It was also made
known that there are many different layers of protection to make sure these lands stay
the way they are after the passage of any transaction such as this. Jason Bodine, Forest
Administrator, presented the Resolution to the Board stating he put everything he
thought was pertinent to this acquisition in the Resolution.
The Board dispensed with the reading of the Resolution, which reads as follows:
WHEREAS, Bayfield County received a request to sell approximately 80 acres of
County Forest land to the Red Cliff Band of Lake Superior Chippewa (hereafter, the Tribe)
in the Town of Russell; and
WHEREAS, County Forest land, described as the N½ NE, Section 18, Township 51
North, Range 3 West, in the Town of Russell, has been identified as the parcel of interest;
and
WHEREAS, Bayfield County and the Tribe ratified a Memorandum of
Understanding (hereafter, MOU) addressing lands within the reservation; and
WHEREAS, one goal of the County Tribal Relations Committee is to facilitate the
repatriation of lands within the reservation to the Tribe, while fostering mutual respect
and cooperation; and
WHEREAS, as part of any potential land transaction Bayfield County is subject to
exercising reasonable business judgement in the conveyance of real estate; and
WHEREAS, during their meeting on March 13, 2017, the Forestry and Parks
Committee approved the Tribe’s land acquisition proposal and recommended the issue be
sent to the County Board for consideration; and
WHEREAS, as part of the Forestry and Parks Committee’s recommendation to sell
the land to the Tribe, all proceeds from the sale are to be reinvested in forest land and
made part of the County Forest; and
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WHEREAS, the County is eligible to apply for funding through the Knowles-Nelson
Stewardship Land Acquisition grant program (hereafter, Stewardship) pursuant to ss.
23.0953 Wis. Stats, and, as such, would use all proceeds from the sale of the above
described parcel as matching funds; and
WHEREAS, if approved, funds from the Stewardship grant would be used to
replace, and most likely exceed, the total amount of acreage sold to the Tribe, with all new
lands being enrolled in County Forest Law; and
WHEREAS, the sale of County Forest land currently enrolled in County Forest Law
is inconsistent with the purposes set forth in ss. 28.11, Wisconsin Statutes (County Forest
Law); and,
WHEREAS, any proposal to sell County Forest land will first require filing an
application to withdraw said parcel from County Forest Law,
WHEREAS, the Forestry and Parks Committee has recommended the sale of the
above parcel, with all proceeds being reinvested in land that would be enrolled in County
Forest Law.
NOW, THEREFORE, BE IT RESOLVED, that the Bayfield County Board of
Supervisors assembled this 28th day of March, 2017, authorizes the Bayfield County
Forestry and Parks Administrator, on behalf of Bayfield County, to make application to the
Wisconsin Department of Natural Resources, pursuant to Section 28.11(11), Wisconsin
Statutes, to withdraw the real estate described above from the provisions of the County
Forest Law (Section 28.11, Wisconsin Statutes); and
BE IT FURTHER RESOLVED, that, if the application for withdrawal from County
Forest Law is approved by the Wisconsin Department of Natural Resources, the Bayfield
County Board of Supervisors approves the sale of the above described property to the
Tribe; and
BE IT FURTHER RESOLVED, that all proceeds from the sale of the above
described property must be reinvested in forest land that will be enrolled in County Forest
Law and made part of the County Forest and that the Forestry and Parks Department will
search for other lands to add to County Forest; and
BE IT FURTHER RESOLVED, by the Bayfield County Board of Supervisors, that
the County requests the grant funding available from the Wisconsin Department of
Natural Resources under the Knowles – Nelson Stewardship Land Acquisition grant
program; and
BE IT FURTHER RESOLVED, authorizes the Forestry and Parks Administrator,
upon approval of the Forestry and Parks Committee, to act on behalf of Bayfield County,
and: submit an application to the State of Wisconsin for Stewardship land acquisition
grant funding; sign documents; and take necessary action(s) to undertake, direct, and
complete an approved land acquisition project, and
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BE IT FURTHER RESOLVED, the final Stewardship application will be structured
so that the entire balance owed by Bayfield County will be covered, as much as possible, by
the value of the matching funds and/or properties, and
BE IT FURTHER RESOLVED, the following budget amendments will be made to
the 2017 Forestry and Parks Budget:
REVENUES:
Increase Land Acquisition NL:
100-34-46813 by $80,000
Increase Knowles-Nelson Grant:
100-34-43586 by $100,000
EXPENDITURES
Increase Knowles-Nelson Grant, Purchase of Land NL:
100-34-56105-50252 by $160,000
Increase Knowles-Nelson Grant, Contractual Services:
100-34-56105-50290 by $20,000
BE IT FURTHER RESOLVED, that Bayfield County will comply with State rules for
the Stewardship program and meet all financial obligations under the grant.
By Action of the
Bayfield County Board of Supervisors
Dennis M. Pocernich, Chair
A motion was made by Rondeau/Fickbohm to adopt Bayfield County Resolution No.
2017-23, Budget Amendment Regarding Sale of County Forest Land to the Red Cliff
Band of Lake Superior Chippewa and the Withdrawal from County Forest Law and
Knowles-Nelson Stewardship Grant Application for the Acquisition of County Forest
Land. Supervisor Goodwin stated that the Tribal Relations Committee has approved this
and that both the Tribe and County feel it is a win/win situation. A roll call vote took
place as follows: Pocernich-yes; Strand-yes; Williams-yes; Coughtry-yes; Miller-
yes; Crandall-yes; Rondeau-yes; Goodwin-yes; Bussey-absent; Fickbohm-yes; Maki-
no; Oswald-absent; Silbert-yes. Total: 13, 10 yes, 1 no, 2 ab sent. The motion
carried.
8. Bayfield county Resolution No. 2017-24, Budget Amendment to Ratify
Purchase of land for County Highway E Construction Project. It was explained that in July
of 2016, storms washed out a section of County Highway E when a branch of the Marengo River
overflowed. The Highway Department has secured Federal Aid for repairs and installation of a
bridge, however, construction plans require a spillway area. There is a house adjacent to the
area where the bridge will be placed and Federal standards require the removal of adjacent
structures within certain distances of a bridge. The Highway Department is asking purchase
the house in the amount of $55,000. The appropriate steps have been taken to acquire the
house, which will be razed afterwards to stay within the Federal standards.
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The Board dispensed with the reading of the Resolution, which reads as follows:
WHEREAS severe storms in July of 2016 washed out a section of County Highway E
when a branch of the Marengo River overflowed;
WHEREAS the Bayfield County Highway Department secured Federal Aid for
repairs and installation of a bridge;
WHEREAS the Highway Department included project costs for the bridge and
offsetting Federal Aid in the 2017 budget;
WHEREAS Bridge construction plans require a spillway area;
WHEREAS there is currently one home adjacent to the river;
WHEREAS Federal standards require removal of adjacent structures within a
certain distance of the bridge;
WHEREAS Bayfield County has secured an independent appraisal of the property
and structures;
WHEREAS, utilizing the appraisal provided by Craig Solum Appraising, a purchase
price of $55,000 has been agreed upon.
NOW, THEREFORE, BE IT RESOLVED, that the Bayfield County Board of
Supervisors assembled this 28th day of March 2017, does hereby approves the purchase
of the home and property at 30095 County Highway Road E in the amount of $55,000.
By Action of the
Bayfield County Board of Supervisors
Dennis M. Pocernich, Chair
A motion was made by Williams/Rondeau to adopt Bayfield county Resolution
No. 2017-24, Authorizing the Purchase of the Home and Property at 30095 County
Highway E. A roll call vote took place as follows: Strand-yes; Williams-yes;
Coughtry-yes; Miller-yes; Crandall-yes; Rondeau-yes; Goodwin-yes; Bussey-absent;
Fickbohm-yes; Maki-yes; Oswald-absent; Silbert-yes; Pocernich-yes. Total: 13, 11
yes, 0 no, 2 absent. The motion carried.
9. Bayfield County Resolution No. 2017-22, Budget Amendment for County
Highway D Construction Project. Abeles-Allison informed the Board that it was the
intent to do road construction on 6 miles of County Highway D this summer. However,
2016 cost savings in the Highway Department have increased reserves and general fund
balances exceeded projections for 2016 as well. There are approximately 3.0 miles
remaining to complete all of County Highway D in addition to what was budgeted. The
Highway and Executive Committees have reviewed and recommend approval of these funds
to complete the 10.2 miles of County Highway D in 2017.
The Board dispensed with the reading of the Resolution, which reads as follows:
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WHEREAS, county highway maintenance is a top priority of the Bayfield County
Board; and
WHEREAS the 2017 budget includes funding for approximately six miles of highway
reconstruction on County Highway D; and
WHEREAS 2016 costs savings in the highway department have increased reserves;
and
WHEREAS county general fund balances exceeded projections for the 2016 year;
and
WHEREAS there are approximately 3.9 miles remaining to complete all of Highway
D in addition to what was budgeted in 2017; and
WHEREAS there are economies that can be achieved if all of County Highway D is
completed in 2017; and
WHEREAS the Highway and Executive Committees have reviewed and recommend
approval of appropriation of Highway and General Fund balances to accomplish the
completing of 10.2 miles (an additional 3.9 miles) of County Highway D in 2017.
NOW, THEREFORE, BE IT RESOLVED, that the Bayfield County Board of
Supervisors assembled this 28th day of March 2017, does hereby approve an amendment
to the Highway Department Budget as follows:
Increase Fund Balance Applied revenue account # 100-00-49301 by $650,000
Increase Transfer to CIP expense account # 100-00-59430-50820 by $650,000
Increase Highway Fund Balance applied revenue account #710-71-49301 by $354,000
Increase Transfer from Other Funds revenue account # 710-71-49201 by $650,000
Increase CTH Special Projects expense account # 710-71-53314-50810 by $1,004,000.
By Action of the
Bayfield County Board of Supervisors
Dennis M. Pocernich, Chair
A motion was made by Williams/Maki to adopt Bayfield County Resolution No.
2017-22, Budget Amendment for County Highway D Construction Project. A roll call
took place as follows: Williams-yes; Coughtry-yes; Miller-yes; Crandall-yes;
Rondeau-yes; Goodwin-yes; Bussey-absent; Fickbohm-yes; Maki-yes; Oswald-absent;
Silbert-yes; Pocernich-yes; Strand-yes. Total: 13, 11 yes, 0 no, 2 absent. The
motion carried.
10. Presentation of Property Assessed Clean Energy (PACE). Abeles-Allison
welcomed Jon Hockhammer from the Wisconsin Counties Association, and Jason Stringer,
from the PACE Program. Hockhammer has been to Bayfield County many times and for
many reasons and chose this time to present him with a pen set from Bayfield County.
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Abeles-Allison turned the meeting over to Hockhammer who in turn informed the Board
that the Wisconsin Counties Association became involved to help homeowners and
businesses. The PACE program is a natural extension of this mission. Stringer then spoke
stating that PACE is an economic tool, whereby Bayfield County can encourage business
owners to reinvest in their business. This program can be used to help improve existing
buildings as well as new buildings. PACE is a no cost way to achieve goals and also be
energy efficient. This program has been worked on for over 2 years. There is no cost to
the County, it is administered through a 3rd party. Discussion took place regarding
property taxes and the ramifications if one defaulted on his/her loan. Attorney John
Carlson, spoke on property taxes stating the “in rem” procedure would be followed. He did
feel, however, that Bayfield County would need to be made whole before any other entity.
He further stated that the County would leave the Ordinance as it reads now, but in the
Finance Agreement, the PACE lender will need to make modifications that the County will
be made whole. In the event of an “in rem” procedure, you always have the concern that
you will not get back your money. A lengthy discussion took place on all matters in further
detail.
11. Bayfield County Ordinance No. 2017-02, Creating Title 2, Chapter 4,
Entitled “Property Assessed Clean Energy Financing” of the General Code of Bayfield
County, WI. The Board dispensed with the reading of the Ordinance, which reads as
follows:
The County Board of Supervisors of the County of Bayfield does ordain as follows:
Section 1. Title 2, Chapter 4 is created to read: “PROPERTY ASSESSED CLEAN
ENERGY FINANCING.”
1. PURPOSE. The County finds that renovations or additions to premises located in
the County made to improve energy efficiency, improve water efficiency, and/or use
renewable resource applications, increase property values, stimulate local economic
activity, provide local and global environmental benefits, and promote the general welfare
of County residents. The purpose of this Section is to facilitate loans arranged by
property owners or lessees to make such improvements by treating loan principal and
interest, fees, and other charges as special charges eligible for inclusion on the tax roll
for these properties.
2. STATUTORY AUTHORITY. This ordinance is enacted pursuant to Wis. Stat. §
66.0627, as amended, which authorizes a County to make a loan or enter into an agreement
regarding loan repayments to a 3rd party for owner-arranged or lessee-arranged financing,
to an owner or a lessee of a premises located in the County for making or installing an
energy efficiency improvement, a water efficiency improvement or a renewable resource
application to a premises.
3. DEFINITIONS. In this section:
(a) “Annual installment” means the portion of the PACE loan that is due and
payable for a particular year under the supplemental agreement.
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(b) “Borrower” means the property owner or lessee of the subject property that
borrows the proceeds of a PACE loan.
(c) “Default loan balance” means the outstanding balance, whether or not due, of
a PACE loan at the time that the County receives foreclosure proceeds.
(d) “Foreclosure proceeds” means the proceeds received by the County from the
disposition of a subject property through an in rem property tax foreclosure.
(e) “Loan amount” means the principal, interest, administrative fees (including
the Program Administrator’s fees) and other loan charges to be paid by the borrower
under the PACE loan.
(f) “PACE” means the acronym for property assessed clean energy.
(g) “PACE default provisions” means:
1. The delinquent annual installment(s) due when the County initiates the
in rem property tax foreclosure on the subject property;
2. Any additional annual installment(s) that become due between the
time that the County initiates in rem property tax foreclosure on the
subject property and the date the County receives the foreclosure
proceeds;
3. Any default interest charges applied to unpaid annual installments
referenced in subs. (1.) and (2.) above, as provided in the
supplemental agreement; and
4. Any default loan balance.
(h) “PACE lender” means any person that makes a PACE loan, and which may
include an affiliate of the borrower.
(i) “PACE loan” means a loan made by a PACE lender to a borrower under this
Section for energy efficiency improvements, water efficiency improvements,
or renewable resource applications made to or installed on a subject
property.
(j) “Person” means any individual, association, firm, corporation, partnership,
limited liability company, trust, joint venture or other legal entity, or a
political subdivision as defined in Wis. Stat. § 66.0627.
(k) “Program Administrator” means the person retained by the Wisconsin PACE
Commission as provided in subsection (5)(b).
(l) “Subject property” means any premises located in the County on which an
energy efficiency improvements, water efficiency improvements, or
renewable resource applications are being or have been made and financed
through an outstanding PACE loan.
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(m) “Supplemental agreement” means a written agreement among a borrower, a
PACE lender and the County, as provided for in subsection (7).
(n) “Wisconsin PACE Commission” means the Wisconsin PACE Commission formed
under Wis. Stat. §66.0301, as amended, by the County and one or more
other political subdivisions as defined in Wis. Stat. §66.0627, pursuant to a
Joint Exercise of Powers Agreement relating to the Wisconsin PACE
Commission.
4. PACE LOANS AS SPECIAL CHARGES; DELINQUENT AMOUNTS AS LIENS.
Any PACE loan made and secured pursuant to this Section shall be considered a special
charge on the subject property. Any annual installment or portion of a PACE loan made and
secured pursuant to the Section that becomes delinquent according to the terms of the
PACE loan shall be a lien against the subject property and placed on the tax roll, as
permitted pursuant to Wis. Stat. §66.0627 as amended.
5. WISCONSIN PACE COMMISSION.
(a) Any of the powers and duties of the County under this Section, except for those under
subsection (9) may (but are not required to) be delegated to the Wisconsin PACE Commission.
(b) The Wisconsin PACE Commission is further authorized to retain a Program
Administrator to act as its agent and administer the PACE program, subject
to adherence with PACE program requirements set forth in this Section
and in Wis. Stat. §66.0627 as amended.
6. LOAN APPROVAL.
(a) A prospective borrower applying for a PACE loan shall comply with the loan
application process set forth in the program manual approved by the County.
(b) The County shall approve the financing arrangements between a borrower
and PACE lender.
7. SUPPLEMENTAL AGREEMENT.
(a) The County, the borrower and the PACE lender shall execute the
supplemental agreement which, without limitation:
1. Shall inform the participants that the PACE loan amount shall be
imposed as and considered a special charge, and each year’s annual
installment may be included on the property tax roll of the subject
property as a special charge and an annual installment that is
delinquent shall be a lien against the subject property pursuant to
Wis. Stat. § 66.0627, as amended;
2. Shall recite the amount and the term of the PACE loan;
3. Shall provide for the amount, or a method for determining the
amount, of the annual installment due each year;
4. Shall provide whether default interest may be applied to unpaid
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annual installments;
5. Shall require the PACE lender and the borrower to comply with all
federal, state and local lending and disclosure requirements;
6. Shall provide for any fees payable to the County and/or Program
Administrator;
7. Shall recite that the supplemental agreement is a covenant that runs
with the land;
8. May provide for prepayments of annual installments by the borrower
with a resulting reduction in the special charge for the prepayment,
subject to any prepayment premium charged by the PACE lender, if
any; and
9. May allow for amendment by the parties.
(a) Prior to executing the supplemental agreement, the owner of the subject
property, if different from the borrower, and any existing mortgage
holder(s) on the subject property must have executed a separate writing
acknowledging the borrower’s use of PACE financing for the subject
property and the special charge that will be imposed under this Section and
its consequences, including the remedies for collecting the special charge.
(b) Each PACE loan shall be amortized over the term of the PACE loan as
provided in the supplemental agreement.
(c) The annual payments of a PACE loan may be payable in installments as
authorized by Wis. Stat. §66.0627, as amended.
8. ANNUAL INSTALLMENTS ADDED TO TAX ROLLS. Upon the request of the
Program Administrator the County shall place each year’s annual installment on the tax roll
for the subject property as permitted pursuant to Wis. Stat. §66.0627, as amended.
9. REMITTANCE OF SPECIAL CHARGES. The County shall promptly remit to the
Wisconsin PACE Commission any payment(s) for a special charge imposed under this
Section, including penalties and charges thereon, it may receive from any taxing district or
the County treasurer pursuant to Wis. Stat. Ch. 74, as amended.
10. PROPERTY TAX FORECLOSURE PROCEDURES.
(a) The County elects to utilize the provisions of Wis. Stat. §75.521, as
amended, for the purpose of enforcing tax liens if a subject property owner
fails to pay any special charges imposed on the subject property under this
Section as required.
(b) The County shall begin an in rem property tax foreclosure proceeding on the
subject property at the earliest time allowed under Wisconsin Statutes,
unless the County determines that subject property is a “brownfield” (as
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defined is Wis. Stat. §75.106, as amended) or that in rem property tax
foreclosure is not in the best interests of the County due to the condition of
the property or for other reasons.
(c) If the County has determined that it will not commence an in rem property
tax foreclosure proceeding, then the PACE lender may request that the
County, pursuant to Wis. Stat. §75.106, as amended, assign the County’s
right to take judgment against the subject property, provided that the
PACE lender and the County fully comply with all provisions of Wis. Stat. §
75.106, as amended, concerning the subject property and the PACE lender
agrees to pay the amounts required by Wis. Stat. §75.36(3)(a)1 and 1m, as
amended.
11. SALE OF FORECLOSED PROPERTY. If the County prevails in an in rem property
tax foreclosure action against a subject property, the County shall diligently proceed to
sell the subject property pursuant to the procedures set forth in Wis. Stat. §75.69, as
amended.
12. DISTRIBUTION OF FORECLOSURE PROCEEDS. The County treasurer shall
follow the procedures set forth in Wis. Stat. §75.36, as amended, to distribute the
proceeds from the sale of a subject property.
Section 2. This Ordinance shall take effect the day after passage and publication as
required by law.
By Action of the
Bayfield County Board of Supervisors
Dennis M. Pocernich, Chair
A motion was made by Rondeau/Williams to adopt Bayfield County Resolution
No. 2017-20, Authorizing Bayfield County to Become a Member of the Property
Assessment Clean Energy (PACE) Commission. Discussion took place as to whether non-
profits would be able to apply for this type and if purchases such as appliances,
supermarket freezers and the like would be covered and the answer was, yes. After
discussion on the process for adopting the PACE documents, it was stated that the
Ordinance must be adopted prior to the Resolution. That being the case, a motion was
made by Rondeau/Crandall to lay Ordinance No. 2017-02 on the table. The motion
carried. Further discussion on the original motion and about becoming a member of the
PACE commission.
A motion was made by Rondeau/Williams to adopt Bayfield County Ordinance
No. 2017-02, Creating Title 2, Chapter 4, Entitled “Property Assessed Clean Energy
Financing” of the General Code of Bayfield County, WI. Discussion took place
regarding non-profits, liens, property taxes and other concerns. It was stated that the
County would not be responsible for any of the loans. Attorney Carlson was also asked if
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he was comfortable with the Ordinance, and he stated he felt this was safe and that
didn’t foresee a foreclosure down the road. Stringer spoke on how Bayfield County will
become part of a tri-party agreement and what the other members have signed and
entered into is what is in front of the County Board this evening. The Ordinance is being
approved without revisions. The motion carried.
12. Bayfield County Resolution No. 2017-20, Authorizing Bayfield County to
Become a Member of the Property Assessment Clean Energy (PACE) Commission. The
Board dispensed with the reading of the Resolution, which reads as follows:
WHEREAS, pursuant to Wis. Stat. §66.0301, two or more municipalities of the State
of Wisconsin, may by contract create a commission for the joint exercise of any power or
duty required or authorized by law; and
WHEREAS, Bayfield County is a “municipality” as that term is defined in Wis. Stat. §
66.0301 and a political subdivision located in the State; and
WHEREAS, Bayfield County is empowered by law to promote economic, cultural and
community development, including, without limitation, the promotion of opportunities for
the creation or retention of employment, the stimulation of economic activity, the
increase of the tax base, and the promotion of opportunities for education, cultural
improvement and public health, safety and general welfare, which may be accomplished by
various means; and
WHEREAS, Wis. Stat. §66.0627(8) authorizes a city, a village, a town and a county in
this State to, among other things, make a loan to or otherwise arrange, participate in or
facilitate the financing of an energy improvement, a water efficiency improvement or a
renewable resource application to a real property within its jurisdiction and to provide for
such financing through the imposition of a special charge against the property benefitted
by the energy or water efficiency improvement or renewable resource project; and
WHEREAS, such financings are commonly referred to as “Property Assessed Clean
Energy” or “PACE” financings; and
WHEREAS, Bayfield County has determined that it is in the public interest to
provide real property owners, lessees, lenders and other transaction parties in
Bayfield County with access to a uniformly-administered program for PACE financing; and
WHEREAS, Bayfield County and other counties, with the support and counsel of
the Wisconsin Counties Association, League of Wisconsin Municipalities, Green Tier Legacy
Communities and other stakeholders, have studied the possibility of creating a commission
pursuant to Wis. Stat. §66.0301 to be known as the Wisconsin PACE Commission
(“Commission”); and
WHEREAS, the Wisconsin PACE Commission would be formed and operated in
accordance with a Joint Exercise of Powers Agreement Relating to Wisconsin PACE
Commission (“Commission Agreement”) of which a substantially final draft is attached to
this Resolution; and
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WHEREAS, it is in Bayfield County’s best interests to join the Wisconsin PACE
Commission and authorize the execution of the Commission Agreement; and
WHEREAS, in accordance with Wis. Stat. §66.0627 and the provisions of the
Commission Agreement, Bayfield County must adopt an Ordinance relating to the
administration of PACE financings in Bayfield County and throughout the State (“PACE
Ordinance”); and
WHEREAS, attached to this Resolution is proposed Ordinance No. 2017-02, which
will be considered at the same meeting at which this Resolution is being considered (“PACE
Ordinance”); and
WHEREAS, adoption of the PACE Ordinance is a necessary condition to Bayfield
County entering into the Commission Agreement; and
WHEREAS, it is the intent of this Resolution to authorize Bayfield County to
become a member of the Commission and authorize a duly-appointed representative of
Bayfield County to finalize and execute the final Commission Agreement in substantially
the form of the draft Commission Agreement attached to this Resolution.
NOW, THEREFORE, BE IT RESOLVED, that the Bayfield County Board of
Supervisors assembled this 28th day of February, 2017, hereby approves the draft
Commission Agreement, a copy of which is attached to this Resolution, and authorizes and
directs the Bayfield County Board Chair to sign such document after receipt of
preliminary approval from the other participating municipalities, approval from the
Bayfield County official duly-appointed to approve the final form of the Commission
Agreement and approval of the Bayfield County Corporation Counsel; and
BE IT FURTHER RESOLVED, that the Chair of the Bayfield County Board of
Supervisors [or County Executive] is hereby directed to appoint a board supervisor [or
County Executive] to act as Bayfield County’s official representative in relation to the
final approval of the form of the Commission Agreement and to otherwise take all action
necessary to effectuate the intent of this Resolution; and
BE IT FURTHER RESOLVED, that Brett Rondeau is designated as the Bayfield
County “Representative Director” of the Board of Directors of the Commission in
accordance with the Commission Agreement, he or she to serve at the pleasure of the
Bayfield County Board of Supervisors.
By Action of the
Bayfield County Board of Supervisors
Dennis M. Pocernich, Chair
A motion was made by Crandall/Strand to take the motion regarding Resolution
No. 2012-20 off the table to vote on. The motion carried.
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A motion was made prior to adopt Resolution No. 2017-20. The motion
carried.
Chairman Pocernich pointed out that as you read the Resolution, the last few
paragraphs give him as Chair the right to designate a representative to the PACE
Commission for Bayfield County. Pocernich stated that he is appointing Brett Rondeau as
such representative.
13. Discussion and Possible Action Regarding Joint Exercise of Powers
Agreement Relating to Wisconsin PACE Commission, a Joint Powers Commission under
Section 66.0301 of the Wisconsin Statutes. Attorney Carlson informed the Board that
he has reviewed the Agreement and stated it speaks for itself. It allows the County to go
forward with becoming involved in the PACE Program.
The Board dispensed with the reading of the Agreement, which reads as follows:
JOINT EXERCISE OF POWERS AGREEMENT
relating to
WISCONSIN PACE COMMISSION
a Joint Powers Commission under Section 66.0301 of the Wisconsin Statutes
THIS AGREEMENT (“Agreement”), dated as of March 28, 2017 among the parties
hereto (all such parties, except those which have withdrawn as provided herein, being
referred to as the “Members” and those parties initially executing this Agreement being
referred to as the “Initial Members”):
WITNESSETH
WHEREAS, pursuant to Section 66.0301 of the Wisconsin Statutes (as in effect
as of the date hereof and as the same may from time to time be amended or
supplemented, the “Joint Powers Law”), two or more municipalities of the State of
Wisconsin (the “State”), may by contract create a commission for the joint exercise of
any power or duty required or authorized by law; and
WHEREAS, each of the Members is a “municipality” as that term is defined in the
Joint Powers Law and a political subdivision located in the State; and
WHEREAS, each of the Members is empowered by law to promote economic,
cultural and community development, including, without limitation, the promotion of
opportunities for the creation or retention of employment, the stimulation of economic
activity, the increase of the tax base, and the promotion of opportunities for education,
cultural improvement and public health, safety and general welfare, which may be
accomplished by various means; and
WHEREAS, Section 66.0627(8) of the Wisconsin Statutes (as the same may from
time to time be amended or supplemented, the “PACE Statute”) authorizes a city, a village,
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a town (a “Municipality”) or a county (a “County”) in this State to, among other things,
make a loan to or otherwise arrange, participate in or facilitate the financing of an energy
efficiency improvement, a water efficiency improvement or a renewable resource
application to a real property within its jurisdiction and to provide for such financing
through the imposition of a special charge against the property benefitted by the energy
or water efficiency improvement or renewable resource project; and
WHEREAS, such financings are commonly referred to as “Property Assessed Clean
Energy” or “PACE” financings; and
WHEREAS, the Members have determined that it is in the public interest to
provide real property owners, lessees, lenders and other transaction parties
(collectively, “Participants”) in their respective jurisdictions with access to a uniformly-
administered program for PACE financing; and
WHEREAS, each Member has authorized entering into this Agreement by its
governing body.
NOW, THEREFORE, the Members, for and in consideration of the mutual
promises and agreements herein contained, do agree as follows:
Creation. Pursuant to the Joint Powers Law, there is hereby created a commission
to be known as the “Wisconsin PACE Commission” (the “Commission”).
Section 1. Purpose. This Agreement is a contract entered into pursuant to the
provisions of the Joint Powers Law. The purpose of this Agreement is to establish a joint
powers commission for the joint exercise of any power or duty of the Members under
applicable law. In particular, the purpose of the Commission is to adopt, implement and
administer a uniform program for the qualification for, and approval, granting,
administration and collection of, PACE loans (the “PACE Program”). Such purposes shall be
accomplished in the manner provided in this Agreement.
Section 2. Effectiveness; Term. This Agreement shall become effective and
be in full force and effect and a legal, valid and binding agreement of each of the
Members on the date that the Board shall have received from at least two of the Initial
Members an executed counterpart of this Agreement, together with a certified copy of a
resolution of the governing body of each such Initial Member approving this Agreement
and the execution and delivery hereof. This Agreement shall continue in full force and
effect until such time as it is terminated by written instrument executed by all of the
Members.
Section 3. Powers. The Commission shall have the power, in its own name, to
exercise any powers or duties of the Members required or authorized by law and to
exercise all additional powers given to a joint powers commission under any law,
including, but not limited to, the Joint Powers Law, for any purpose authorized under
this Agreement. Such powers shall include the power to make loans or otherwise arrange,
participate in or facilitate the financing of energy or water efficiency improvement
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projects or renewable resource applications as provided in the PACE Statute including,
without limitation, the exercise of the power and authority, without further action by the
Member, to impose special charges pursuant to the PACE Statute on real property within
the Members’ jurisdictions. The Commission is hereby authorized to do all acts
necessary or convenient for the exercise of such power and authority, including, but
not limited to, any or all of the following: (i) to make and enter into contracts; (ii) to
employ agents and employees; (iii) to acquire, construct, provide for maintenance and
operation of, or maintain and operate, any buildings, works, improvements, equipment or
furnishings; (iv) to acquire, hold or dispose of property wherever located; (v) to incur
debts, liabilities or obligations; (vi) to receive gifts, contributions and donations of
property, funds, services, and other forms of assistance from persons, firms,
corporations or any governmental entity; (vii) to sue and be sued in its own name;
(viii) to make grants to governmental and nonprofit organizations to accomplish any of
its purposes; (ix) to establish and collect fees; and (x) generally to do any and all things
necessary or convenient to accomplish its purposes.
Section 4. Contractors and Subcontractors. The Commission may enter into a
contract with a third-party contractor for the provision of services related to the PACE
Program. Such contractor shall be a nonstock corporation organized under Ch. 181 of the
Wisconsin Statutes with its principal place of business located in the State of Wisconsin.
The participant fee schedule established by the Board (as defined below) shall make
provision for reasonable compensation and payment of the expenses of such contractor as
may be set forth in the contract. A contractor may subcontract for any of its services to
the extent permitted by the contract. The Board is also authorized to hire counsel or
other consultants or advisers as it deems necessary in carrying out his functions.
Section 5. Members’ Obligations. Each Member by its execution hereof
acknowledges and agrees that it shall do all things necessary and appropriate in respect of
the collection of special charges (or installments thereof), the certification of special
charges on the tax rolls, the remittance of special charges collected as directed by the
Commission and otherwise as such Member would perform in connection with special
charges imposed by it on real property within its jurisdiction; and further shall cooperate
with the Commission in respect of the enforcement of the liens of special charges on such
properties.
Section 6. Governance; Administration
(a) Board of Directors. The Commission shall be governed by a Board of
Directors (the “Board”). The Board shall oversee all functions of the
Commission under this Agreement and, as such, shall be vested with the
powers set forth herein, shall administer this Agreement in accordance with
the purposes and functions provided herein and shall otherwise exercise all
powers set forth in the Joint Powers Law on the Commission's behalf.
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(b) Classes of Directors. The Board shall be divided into two classes
known as the “Representative Director Class” and the “Nominee
Director Class” consisting of the number of members (each a “Director”)
serving for the terms as provided in this Section 7. In this Agreement,
the term “Board” shall mean the entire Board (comprising all Representative
Directors and Nominee Directors) and the term “Director” shall be used to
refer generally to either a Representative Director or a Nominee Director).
(1) Representative Directors. The number of Representative
Directors shall correspond to the number of Members of the
Commission from time to time. Each Member of the Commission
shall designate, by name or ex oficio, one public official to serve as
its representative on the Board. The term “public official” means
an individual who holds a local public office, as that term is
defined in Section 19.42(7w) of the Wisconsin Statutes, for the
Member of the Commission designating him or her as its
Representative Director. Each Representative Director shall
serve at the pleasure of the Member designating him or her to
such position; provided, that a Representative Director shall be
deemed to have resigned upon withdrawal from the Commission
of the Member designating him or her to such position. A
majority of the Directors shall at all times be Representative
Directors except that such requirement shall not apply until the
Commission has at least four (4) Members.
(2) Nominee Directors.
(i) The number of Nominee Directors shall initially be
three (3), nominated one each by the Wisconsin Counties
Association, the League of Wisconsin Municipalities and
the Green Tier Legacy Communities (the “Supporting
Organizations”). Thereafter, so as to insure that at all
times Representative Directors comprise a majority of the
Board, at such time as the Commission has at least
seven (7) Members, the number of Nominee Directors shall
be increased to six (6) and at such time as the Commission
has at least ten (10) Members, the number of Nominee
Directors shall be increased to nine (9), in each case with
the additional directors nominated by the Sponsoring
Organizations as provided above.
(ii) Nominee Directors may but need not be public officials.
(iii) Each Nominee Director shall serve for an initial term
expiring at the first annual Board meeting held after
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December 31, 2016. The successors to such Nominee
Directors shall be selected by majority vote of the entire
Board consistent with a nomination process to be established
by the Board. Thereafter, Nominee Directors shall serve
staggered three (3) year terms expiring at the Annual Board
Meeting in every third year or until their respective
successors are appointed. Any appointment to fill an unexpired
term, however, shall be for the remainder of such unexpired
term. The term of office specified herein shall be applicable
unless the term of office of a Nominee Director is
terminated as hereinafter provided, and provided that the
term of any Nominee Director shall not expire until a
successor thereto has been appointed as provided herein.
(iv) The number of Nominee Directors may be increased or
decreased by resolution adopted by the Board from time to
time, provided, that any decrease in the number of Nominee
Directors shall not decrease the term of any current director
at the time of such decrease.
(v) A Nominee Director may be removed and replaced at any time
by a majority vote of the Board.
(3) Executive Committee. The Board shall by resolution create an
Executive Committee which shall be charged with carrying out
the supervisory functions of the Board in such manner as the
Board so directs. A majority of the members of the Executive
Committee shall be Representative Directors.
(4) Expenses. Directors shall be entitled to reimbursement for any
actual and necessary expenses incurred in connection with serving
as a Director, if the Board shall determine that such expenses shall
be reimbursed and there are unencumbered funds available for
such purpose. The Board may establish a per diem and/or expense
reimbursement policy by resolution.
(c) Meetings of the Board.
(1) Meetings Generally. All meetings of the Board,
including, without limitation, regular, adjourned regular,
special, and adjourned special meetings shall be called,
noticed, held and conducted in accordance with the
provisions of the Wisconsin Open Meetings Law, Wis.
Stat. § 19.81 et seq. (the “Open Meetings Law”). To the
extent permitted by the Open Meetings Law, Board
meetings may be held by telephone conference or other
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remote access technology as approved by the Board. A
director shall be “present” at any regular or special
meeting if he or she participates in person or telephone
conference or other remote access technology
as approved by the Board.
(2) Proxy Voting. Directors may not vote by proxy.
(3) Regular Meetings. The Board shall from time to time
establish a schedule for its regular meetings;
provided, however, it shall hold at least one regular
meeting each year. The date, hour and place of the
holding of regular meetings shall be fixed by resolution
of the Board.
(4) Special Meetings. Special meetings of the Board may
be called in accordance with the provisions of the
Open Meetings Law. The date, hour and place of the
holding of special meetings shall be fixed by
resolution of the Board
(5) Minutes. The Secretary of the Commission shall cause
to be kept minutes of the regular, adjourned regular,
special, and adjourned special meetings of the Board
and shall, as soon as possible after each meeting, cause
a copy of the minutes to be forwarded to each
Director.
(6) Quorum and Voting, Generally. Except as provided in
Sub. 6, below: (i) a majority of the Directors
shall constitute a quorum for the transaction of
business; (ii) Representative Directors and
Nominee Directors shall vote as a single class on all
matters to come to a vote of the Board; and (iii) no
action may be taken by the Board except upon
the affirmative vote of a majority of the Directors
present (or, with respect to any matter, such greater
number as may be provided by the By-Laws or
resolution of the Board), except that less than a
quorum may adjourn a meeting to another time and
place.
(7) Special Quorum and Voting Requirements. With
respect to any vote to approve the imposition of a
special charge on real property pursuant to the
PACE Statute, the following shall apply:
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(i) A quorum with respect to such vote shall exist
only if (A) a majority of the Directors are
present, and (B) a majority of the Directors
who are present areRepresentative Directors.
(ii) No imposition of a special charge on real
property shall be approved except upon the
affirmative vote of (A) a majority of the
Directors present and (B) a majority of the
Representative Directors present.
(d) Officers; Duties; Official Bonds. The officers of the
Commission shall be the Chair, Vice-Chair, Secretary and
Treasurer, such officers to be elected by the Board from
among the Directors, each to serve until such officer is re-
elected or a successor to such office is elected by the
Board. Each officer shall have the following general duties
and responsibilities in addition to any further specific duties
and responsibilities set forth herein, in the By-Laws or by
resolution of the Board.
(1) The Chair shall be the chief executive officer of the
Commission and shall be responsible for the calling of,
and shall preside at, meetings of the Board.
(2) The Vice-Chair shall exercise the duties and functions
of the Chair in the Chair’s absence.
(3) The Secretary shall cause to be kept minutes of the
regular, adjourned regular, special, and adjourned
special meetings of the Board and shall, as soon as
possible after each meeting, cause a copy of the
minutes to be forwarded to each Director.
(4) The Treasurer shall be the depositary of the
Commission to have custody of all money of the
Commission, from whatever source derived and shall
have the powers, duties and responsibilities specified in
by-laws or by resolution, and is designated as the public
officer or person who has charge of, handles, or has
access to any property of the Commission.
(e) Committees; Officers and Employees. The Board shall have
the power to appoint such other committees, officers and
employees as it may deem necessary.
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(f) Delegation of Authority. The Board shall have the power, by
resolution, to the extent permitted by the Joint Powers
Law or any other applicable law, to delegate any of its
functions to one or more of the Directors or officers,
employees, administrators or agents of the Commission
(including, without limitation, the contactor and any
counsel or consultant hired or appointed pursuant to
Section 5) and to cause any of said Directors, officers,
employees or agents to take any actions and execute any
documents or instruments for and in the name and on behalf
of the Board or the Commission.
(g) By-Laws. The Commission may adopt, from time to time, by
resolution of the Board such by-laws for the conduct of its
meetings and affairs as the Board may determine to be
necessary or convenient.
Section 7. Fiscal Year. The Commission’s fiscal year shall be the period from
January 1 to and including the following December 31, except for the first fiscal year
which shall be the period from the date of this Agreement to December 31, 2016.
Section 8. Disposition of Assets. At the end of the term hereof or upon the
earlier termination of this Agreement as set forth in Section 2, after payment of all
expenses and liabilities of the Commission and provision for the continuing administration
of all PACE financings that have been completed and are outstanding at the time of such
termination, all property of the Commission both real and personal shall automatically vest
in the Members in the manner and amount determined by the Board in its sole discretion
and shall thereafter remain the sole property of the Members; provided, however, that
any surplus money on hand shall be returned in proportion to any contributions made by
the Members and not previously repaid.
Section 9. Accounts and Reports; Audits. All funds of the Commission shall
be strictly accounted for. The Commission shall establish and maintain such funds and
accounts as may be required by good accounting practice. The books and records of the
Commission shall be open to inspection at all times by each Member. The Treasurer of the
Commission shall cause an annual audit to be made of the books of accounts and financial
records of the Commission by a certified public accountant or public accountant. Any
costs of the audit, including contracts with, or employment of, certified public accountants
or public accountants in making an audit pursuant to this Section 9, shall be borne by the
Commission and shall be a charge against any unencumbered funds of the Commission
available for that purpose.
Section 10. Funds. The Treasurer shall receive, have the custody of and
disburse Commission funds pursuant to the accounting procedures developed under
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Section 9, and shall make the disbursements required by this Agreement or otherwise
necessary to carry out any of the provisions of purposes of this Agreement.
Section 11. Notices. Notices and other communications hereunder to the
Members shall be sufficient if delivered to the clerk of the governing body of each
Member.
Section 12. Additional Members; Withdrawal of Members.
(a) Counties. Any County in this State may be added as a party to this
Agreement and become a Member upon: (i) the filing by such County with the Commission
an executed counterpart of this Agreement, together with a certified copy of the
resolution of the governing body of such County approving this Agreement and the
execution and delivery hereof; (ii) adoption by the County of the Model PACE Ordinance
in accordance with Section 13(a) hereof and a certified copy of the resolution adopting
same; and (iii) adoption of a resolution of the Board approving the addition of such County
as a Member. Upon satisfaction of such conditions, the Board shall file such executed
counterpart of this Agreement as an amendment hereto, effective upon such filing.
(b) Municipalities. Any Municipality in this State may be added as a party to
this Agreement and become a Member upon: (i) the filing by such Municipality with the
Commission an executed counterpart of this Agreement, together with a certified copy of
the resolution of the governing body of such Municipality approving this Agreement and
the execution and delivery hereof; and (ii) adoption of a resolution of the Board approving
the addition of such Municipality as a Member. Upon satisfaction of such conditions, the
Board shall file such executed counterpart of this Agreement as an amendment hereto,
effective upon such filing.
(c) Withdrawal. A Member may withdraw from this Agreement upon written
notice to the Board; provided, however, that no such withdrawal shall reduce the number
of Members to fewer than two (2). Any such withdrawal shall be effective only upon
receipt of the notice of withdrawal by the Secretary which shall acknowledge receipt of
such notice of withdrawal in writing and shall file such notice as an amendment to this
Agreement effective upon such filing. Withdrawal by a Member shall not affect any
outstanding PACE loans within such Member’s jurisdiction or the Member’s obligations, if
any, with respect to the certification, collection and remittance of special charges in
accordance with the PACE Program, nor shall withdrawal entitle any former Member to
impose a tax, fee or charge prohibited to the remaining Members under Section 16.
Section 13. Model PACE Ordinance for County Members.
(a) As a condition to membership in the Commission, each County Member shall
have adopted an ordinance (the “Model PACE Ordinance”) in substantially the form, and
substantively to the effect, set forth in EXHIBIT A to this Agreement.
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(b) As a condition to continued membership in the Commission, a County Member
shall not have repealed its Model PACE Ordinance or amended its Model PACE Ordinance
unless such amendment has been submitted to and approved by the Board (a “Conforming
Amendment”) prior to its adoption. The Board shall not unreasonably withhold approval of
such an amendment but shall not approve any amendment to a County Member’s Model
PACE Ordinance that, in the opinion of the Board, would frustrate or unreasonably
interfere with the uniform application and administration of the PACE Program. Approvals
or non-approvals by the Board shall be final and conclusive.
(c) The repeal of or adoption of an amendment (other than a Conforming
Amendment) to a County Member’s Model PACE Ordinance shall be deemed to be a
voluntary withdrawal by such County Member with the effects set forth in Section 12(c).
Section 14. Indemnification. To the fullest extent permitted by law, the
Board shall cause the Commission to indemnify any person who is or was a Director or an
officer, employee of other agent of the Commission, and who was or is a party or is
threatened to be made a party to a proceeding by reason of the fact that such person is
or was such a Director or an officer, employee or other agent of the Commission, against
expenses, including attorneys’ fees, judgments, fines, settlements and other amounts
actually and reasonably incurred in connection with such proceeding, if such person acted
in good faith in a manner such person reasonably believed to be in the best interests of
the Commission and, in the case of a criminal proceeding, had no reasonable cause to
believe the conduct of such person was unlawful and, in the case of an action by or in the
right of the Commission, acted with such care, including reasonable inquiry, as an ordinarily
prudent person in a like position would use under similar circumstances. The Board may
purchase a policy or policies of insurance in furtherance of any indemnification obligation
created.
Section 15. Contributions and Advances. Contributions or advances of public
funds and of the use of personnel, equipment or property may be made to the Commission
by Members for any of the purposes of this Agreement. Payment of public funds may be
made to defray the cost of any such contribution or advance. Any such advance may be
made subject to repayment, and in such case shall be repaid, in the manner agreed upon by
the Commission and the Member making such advance at the time of such advance. It is
mutually understood and agreed to that no Member has any obligation to make advances or
contributions to the Commission to provide for the costs and expenses of administration
of the Commission or otherwise, even though any Member may do so.
Section 16. Prohibition on Charges. No Member may impose upon or
demand or collect from any Participant any tax, fee, charge or other remuneration as
a condition to a Participant’s obtaining PACE financing through or with the assistance
of the Commission, except that Members may be permitted to do so pursuant to a
uniform participant fee schedule established from time to time by the Board as part
of the PACE Program.
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Section 17. Immunities. To the fullest extent permitted by law, all of the
privileges and immunities from liabilities, exemptions from laws, ordinances and rules, and
other benefits which apply to the activity of officers, agents or employees of Members
when performing their respective functions, shall apply to the same degree and extent to
the Directors, officers, employees, agents or other representatives of the Commission
while engaged in the performance of any of their functions or duties under this
Agreement.
Section 18. Amendments.
(a) Amendments to the Agreement may be proposed by the Board or by any two
Members. Except as provided in Section 12 and in Subsection (c), below, this Agreement
shall not be amended, modified, or altered, without the affirmative approval of the Board
and the affirmative written consent of each of the Members; provided, that if the number
of Members exceeds ten (10) in number, this Agreement may also be amended with the
affirmative approval of the Board and negative consent of each Member. To obtain the
negative consent of the Members, the following procedure shall be followed: (i) the
Commission shall provide each Member with a notice at least sixty (60) days prior to the
date such proposed amendment is to become effective explaining the nature of such
proposed amendment and this negative consent procedure; (ii) the Commission shall provide
each Member who did not respond a reminder notice at least thirty (30) days prior to the
date such proposed amendment is to become effective; and (iii) if no Member objects to
the proposed amendment in writing within sixty (60) days after the initial notice, the·
proposed amendment shall become effective with respect to all Members. No amendment
may impose a direct financial obligation on any Member without that Member’s affirmative
written consent.
(b) The Board may, without the consent of the Members, amend this Agreement
if, in its reasonable opinion and upon the advice of counsel, if deemed appropriate, upon
which advice the Board may rely, such amendment is technical or clarifying in nature and
does not substantively affect the rights and responsibilities of the Members. Notice of
such amendment shall be provided to the Members at least twenty (20) but not more than
sixty (60) days prior to the date such proposed amendment is to become effective
explaining the nature of such proposed amendment and, upon the written request of any
two (2) Members, the Board shall submit the proposed amendment for ratification by the
Members in accordance with the procedure otherwise set forth in this Section 19.
Section 19. Partial Invalidity. If any one or more of the terms, provisions,
promises, covenants or conditions of this Agreement shall to any extent be adjudged
invalid, unenforceable, void or voidable for any reason whatsoever by a court of competent
jurisdiction, each and all of the remaining terms, provisions, promises, covenants and
conditions of this Agreement shall not be affected thereby, and shall be valid and
enforceable to the fullest extent permitted by law.
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Section 20. Successors. This Agreement shall be binding upon and shall inure
to the benefit of the successors of the parties hereto. Except to the extent expressly
provided herein, no Member may assign any right or obligation hereunder without the
consent of the other Members.
Section 21. Miscellaneous.
(a) This Agreement may be executed in several counterparts, each of which
shall be an original and all of which shall constitute but one and the same instrument.
(b) The Section headings herein are for convenience only and are not to be
construed as modifying or governing the language in the Section referred to.
(c) Wherever in this Agreement any consent or approval is required, the same
shall not be unreasonably withheld.
(d) This Agreement shall be governed under the laws of the State of Wisconsin.
(e) Any future amendments to the Joint Powers Laws shall be automatically
incorporated into the terms of this Agreement and any terms of this Agreement
inconsistent with future amendments to the Joint Exercise of Powers Laws shall, only to
the extent necessary, be reformed in a manner consistent with the amendments.
(f) This Agreement is the complete and exclusive statement of the agreement
among the Members, which supersedes and merges all prior proposals, understandings, and
other agreements, whether oral, written, or implied in conduct, between and among the
Members relating to the subject matter of this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed and attested by their duly authorized representatives as of the day and year
first above written.
On behalf of __________ COUNTY / CITY / VILLAGE / TOWN:
By: ___________________________
Its:___________________________
Joint Exercise of Powers Agreement
relating to
WISCONSIN PACE COMMISSION
EXHIBIT A
Model Pace Ordinance
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Joint Exercise of Powers Agreement
Relating to
WISCONSIN PACE COMMISSION
Exhibit A
Model Pace Ordinance
A motion was made by Strand/Silbert to adopt the Joint Exercise of Powers
Agreement Relating to the Wisconsin PACE Commission, a Joint Powers Commission
Under Section 66.0301 of the Wisconsin Statutes. The motion carried.
13. Bayfield County Resolution No. 2017-21, Budget Amendment Regarding
Hydrological Atlas. Abeles Allison updated the Board regarding this Resolution stating
we have preliminary confirmation of 2 grants which would also allow the entire County to
be done instead of just the Lake Superior Watershed. Abeles-Allison would like this item
postpone until the Board’s next meeting. A motion was made by Maki/Crandall to
postpone Bayfield County Resolution No. 2017-21, Budget Amendment Regarding
Hydrological Atlas. The motion carried.
14. Bayfield County Resolution No. 2017-25, Budget Amendment Authorizing
Carry-Over of Unspent Funds for the Tower Construction. Abeles-Allison passed out
documentation for the Board to review. The project was authorized last year and there
are unused funds that he would like brought forward to 2017. The Board dispensed with
the reading of the Resolution, which reads as follows:
WHEREAS, Bayfield County budgeted $550,429 in 2016 for the construction of
communications towers; and
WHEREAS, the tower construction projects were begun and commitments were
made in 2016, but were unable to be completed in 2016; and
WHEREAS, $101,678 was expended in 2016, leaving and unspent balance of
$448,751; and
WHEREAS, the communications tower projects will be completed in 2017; and
WHEREAS the Executive Committee has reviewed and recommend approval of the
carry-over of previously allocated, but unspent funds for the tower projects from 2016 to
2017.
NOW, THEREFORE, BE IT RESOLVED, that the Bayfield County Board of
Supervisors assembled this 28th day of March 2017, does hereby approve an amendment to
the Capital Improvement Fund (430) Budget to authorize the use of fund balance to pay
for the completion of communications tower projects begun in 2016 as follows:
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Increase CIP Fund Balance applied revenue account # 430-70-49301 by $448,751
Increase CIP Capital Projects expense account #430-18-57100-50820-110 by $448,751.
By Action of the
Bayfield County Board of Supervisors
Dennis M. Pocernich, Chair
A motion was made by Miller/Crandall to adopt Bayfield County Resolution No.
2017-25, Budget Amendment Authorizing Carry-Over of Unspent Funds for the
Tower Construction. A roll call vote was taken as follows: Coughtry-yes; Miller-yes;
Crandall-yes; Rondeau-yes; Goodwin-yes, via telephone; Bussey-absent; Fickbohm-
yes; Maki-yes; Oswald-absent; Silbert-yes; Pocernich-yes; Strand-yes; Williams-
yes. Total: 13, 11 yes, 0 no, 2 absent. The motion carried.
15. Discussion and Possible Action on Pre-Sale Report for General Obligation
Bond Refunding for Nursing Home. Abeles-Allison passed out documentation from
Ehlers and updated the Board on the Pre-Sale Report of the General Obligation Refunding
Bonds, stating this is preliminary and we are waiting to hear from Northern Lights as to a
direction they are planning to take. A brief discussion took place and dialogue is continuing
between Bayfield County and Northern Lights.
16. Discussion and Possible Action Regarding Appointment of Local Emergency
Planning Committee Members. Chairman Pocernich stated that Jan Victorson, Emergency
Mgmt. Coordinator, heads this Committee. Pocernich stated he would like to appoint the
following to the LEPC:
Jennifer Augustine, Representing Northern Lights
Ben Garrett – WDNR, Wildland Fire Mitigation Specialist
AL Krause – Washburn School and Washburn Fire
Jeff Lee – Norvado Operations Manager
Bill Mertig – Red Cliff Police Department
A motion was made by Rondeau/Coughtry to approve the appointment of
Augustine, Garrett, Krause, Lee and Mertig to the Local Emergency Planning
Commission (LEPC). The motion carried.
17, Confirmation and Appointment of Darrell Pendergrass to the Housing
Authority of the City of Washburn and County of Bayfield. Pocernich stated that he
would like the Board to ratify the appointment of Darrell Pendergrass to the Housing
Authority of the City of Washburn and County of Bayfield. Pendergrass’ term will end in
June 2020. A motion was made by Crandall/Silbert to approve the appointment of
Darrell Pendergrass to the Housing Authority of the City of Washburn and County of
Bayfield. The motion carried.
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18. A motion was made by Miller/Rondeau for the Bayfield County Board of
Supervisors to move in and out of Executive/Closed, allowing Attorney Carlson to remain in
closed session, pursuant to §19.85(1) (e),deliberating or negotiating the purchasing of
public properties, the investing of public funds, or conducting other specified public
business, whenever competitive or bargaining reasons require a closed session; and (g)
Conferring with legal counsel for the governmental body who is rendering oral or written
advice concerning strategy to be adopted by the body with respect to litigation in which it
is or is likely to become involved.
A motion was made by Miller/Rondeau to move out of Executive/Closed Session.
The motion carried.
A motion was made by Miller/Rondeau to disallow the claim of Brian Titus vs.
Bayfield County. The motion carried.
19. Administrator’s Report:
a) Future County Board Meetings: Abeles-Allison stated that the
April 18th Board meeting is held per State Statute. That being the
case, he would like to change the meeting time of the April 18th
meeting to 5:00 pm for a couple of reasons. There is a Town Board
meeting that night and we also have the BKV Group coming to present
the Space and Security presentation. Discussion on the times and it
was compromised to have the meeting start at 5:30 pm.
Tentatively, April 25th is the meeting date for the Red Cliff Tribe
and the County Board. An update will be given at the April 18th
meeting as to the time.
May 16th will be the Board’s first budget planning meeting at 6:00 pm,
and May 30th will be the regular monthly meeting at 6:00 pm.
Abeles-Allison also stated that he would like to move the June
meeting up to June 20th as the State County Clerk’s convention will be
held here in Bayfield County and Fibert would not be able to attend
because he will be at the convention.
b) WISCOM and Tower Updates. The tower is up, the building is in
place and upgrades to the Maple Hill tower are being done along with
adding electronics, electrical work and taking down a building, fencing,
etc.
c) Security and Space Study Update. April 6th the Security and
Space Study consultants will be at the Executive Committee meeting.
They have sent out and shared survey information with departments.
On April 18th, they will be making a second report to the full County
Board.
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d) Budget Survey. Abeles-Allison briefly went through a tentative
2018 survey which will be placed on the webpage for use by the
public. The Board went through some of the questions, critiquing and
eliminating a few. Discussion took place on the survey itself.
e) Criminal Justice Council and State EBDM Efforts. This will be
addressed at the next meeting.
20. Supervisors’ Reports:
Supervisor Rondeau asked if a meeting could be held in the Southern part of
Bayfield County once a year and suggested that we entertain using the Drummond School
District Auditorium.
There being no further business to come before the Bayfield County Board of
Supervisors, Chairman Pocernich adjourned the meeting at 8:22 pm.
Respectfully submitted,
Scott S. Fibert,
County Clerk
SSF/dmb