HomeMy WebLinkAboutCounty Board of Supervisors - Minutes - 8/29/2017176
Minutes of the
Bayfield County Board of Supervisors’ Meeting
August 29, 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 at 6:00 p.m. A roll call was taken by Scott Fibert, County Clerk, as follows:
Strand-present; Williams-absent; Coughtry-present; Miller-absent; Crandall-present;
Rondeau-absent; Goodwin-absent; Bussey-present; Fickbohm-present; Maki-present;
Oswald-present; Silbert-present; Pocernich-present. Total 13: 9 present, 4 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; Scottie Sandstrom, Bayfield
County Economic Dev.; Elizabeth Skulan, Dept. of Human Services Director; Ben Dufford,
County Conservationist; and Brenda Spurlock, Criminal Justice Coordinator. Ellen Heine,
Chris Buboltz, Tim Lisson, and Mike BeBeau, Representatives from Xcel; Kay Cederberg,
Clerk of Circuit Court; Kim Lawton, District Attorney; Jason Bodine, Forest Administrator;
Sara Wartman, Health Director; Paul Susienka, Sheriff; and Rick Olivo, Reporter for the
Ashland Daily Press.
The Pledge of Allegiance was recited by all in attendance.
1. Motion Regarding Minutes of July 25th and August 9th, 2017 Bayfield
County Board of Supervisors’ Meeting. The Board dispensed with the reading of the
minutes for both meetings. A motion was made by Maki/Silbert to adopt the Minutes
of the July 25th, Bayfield County Board of Supervisors’ Meeting. The motion carried.
A motion was made by Fickbohm/Crandall to adopt the Minutes of the August
9th, Special Bayfield County Board of Supervisors’ Meeting. The motion carried.
2. 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.
Roy Settgas, Town of Washburn – stated he was at this evening’s as well as others in
the audience who are concerned about the Xcel energy item on the agenda. While he and the
others realize that tonight is to gather information and not to take any action, they are
concerned. There are many property owners in Bayfield County are concerned about the 50’
right of way going through their property that didn’t see this coming. Settgas stated that he
received notice of this going through the right-of-way and now has learned that there may also
be an alternative route which would run through town and forest roads rather than through
the existing right-of-way. Settgas requested that the Board take no action until the people
can hear the entire presentation.
Rondeau arrived at 6:10 pm
Joyce Zifko – Town of Washburn, stated she “dittoed” everything that Settgas stated.
Zifko had other concerns regarding her land on County C regarding the right-of-way, the trees
177
that may be removed, the County Forest, loss of revenue, you can’t plant or replant along the
corridors. Once they are put in, it welcomes ATV traffic and is a pathway for them. We
already have problems in the Drummond and Cable areas. This also welcomes invasive species
to move in. Zifko would like to see the extension on the existing corridor. It will be
interesting to see what the presentation tells us.
Susan Hall – Town of Washburn, stated they are impacted by this proposed line. She
also reiterated what Settgas and Zifko stated saying what seems to be a good idea isn’t always
and maybe should be held off on until all of the facts are presented. Hall also stated that in
less than a 12-hour period, a number of their towns people have shown up and if deemed
appropriate may appear on the Town’s agenda. This takes time for people to wrap their mind
around to make an educated decision. Why not wait to let people weigh in; take our time, it’s
not pressing, allow for more community input and make an informed decision.
Tom Potter – Town of Washburn, stated he has spent some time studying this issue. He
contacted Senator Bewley and Representative Meyers’ offices and they stated they were not
aware of anything going on. Potter encouraged the Board to take some time to study this.
This will not doubt have adverse effects to property values. There is an existing right-of-way
which makes more sense to utilize. Please study and do not make any hasty decisions.
Phil Norrgand, from Cloquet, MN, spoke of how his family was looking forward to living
in Wisconsin and were surprised to be contacted by neighbors regarding this project. He
reiterated much of what already stated. He didn’t move here for more exposure and it is nice
to be in a community where people can voice their opinion and are heard.
Jay Chase, Town of Washburn, received limited information on this. He received a
letter with a map in the mail indicating where the transmission line was to be located. He
expressed the same views as those before him, take your time, make an informed decision.
At this time, Chairman Pocernich stated to the Board that if others would still like to
speak he would need a motion to allow for 10 more minutes of public comment. A motion was
made by Bussey/Silbert to allow for 10 more minutes of public comment. The motion
carried.
Demaris Briton, Star Route, Bayfield. Stated she echoed those comments that have
already been made. They moved here in 2008, built a home, opened a business, positive energy
put into the community. The reason for moving was when they drove around Star Route in the
fall they saw the beauty of the road and what it did. The idea of running transmission lines on
a route such as this is disheartening. We have bought property here for the beautify and do
not want the exposure of transmission lines.
Wendy Stein, Town of Washburn, also echoed the comments from the previous
speakers, and also stated that unless there is a valid reason for building an additional power
line she would like to see it on the right-of-way.
Mike Stemer, Town of Washburn, stated he is a new landowner and only became aware
of this issue 24 hours ago. He is concerned about the Xcel line and wants to make sure we
have exhausted every other route that could be used. He also echoed comments of his
neighbors and felt that they would be going down the current right-of-way. When he moved
here he wanted an agricultural setting and community and yet be near Lake Superior, and this
178
was the place. Finally found a parcel that was perfect for them, and with this coming up puts
a knot in his stomach. Please consider all options.
Chairman Pocernich closed public comment. They were asked by Hall if a head count
could be taken of the Board of those that were against the transmission line. The board was
not in favor of this and stated “no.”
3. Presentation of Clerk of Circuit Court 2016 Annual Report. Cederberg was
present to give her annual report. She first wanted to state that there will be an Elder Law –
Estate Planning Presentation on August 31st from 5-8 pm, in the Bayfield County Courtroom.
There have been brochures made available and it was in the newspaper. If you have any
questions about the items listed, please attend. It is a very good presentation.
Cederberg then proceeded to give a powerpoint presentation on what has taken place in
her office over the past year, giving a budget performance report, a caseload table for the
Circuit Court; Assessments on Criminal Cases, Outstanding Receivable Balances; and a Caseload
Summary Report. There were many questions asked by the Board and answered Cederberg and
a very good discussion was held. The Board thanked Cederberg for her report.
A motion was made by Rondeau/Crandall to receive and place on file the Clerk of
Circuit Court 2016 Annual Report. The motion carried.
4. Bayfield County Resolution No. 2017-53, Honoring Tim Jack Upon His
Retirement from the Bayfield County Highway Department. The Board dispensed with the
reading of the Resolution due to Jack’s absence. The Resolution reads as follows:
WHEREAS, Tim Jack has served Bayfield County with distinction, honor and
dedication in the Highway Department for 26 years.
NOW, THEREFORE, BE IT RESOLVED, that the Bayfield County Board of
Supervisors assembled this 29th day of August, 2017, honors Tim Jack for his 26 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, Chairman
A motion was made by Maki/Rondeau to adopt Bayfield County Resolution No.
2017-53, Honoring Tim Jack Upon His Retirement from the Bayfield County Highway
Department. The motion carried.
5. Presentation: Bayfield Second Circuit, Xcel Energy. Discussion and Possible
Action Regarding Xcel Energy’s Request to Construct a New Low-Voltage Transmission
Line, Partly Located on County Forest Land in Northern Bayfield County. Abeles-Allison
informed the Board that they have representatives from Xcel Energy here tonight to give a
presentation and hopeful approval to use County Forest land in Northern Bayfield County for
part of the construction of a new low-voltage transmission line. Abeles-Allison introduced
Chris Buboltz, Ellen Heine and Tim Lisson, representatives of Xcel Energy: Lisson and Heine,
together, gave a powerpoint presentation to the Board of Xcel Energy’s proposed new
transmission line on the Bayfield Peninsula. The project will include:
179
• New 22 mile 24.5 kV transmission line;
• 2 new substations (Fish and Pike’s Creek);
• New 3-mile tie line to Washburn.
It was stated that this project is needed to improve electric reliability in the area,
provide voltage support and provide a second source of electricity (redundancy).
Heine and Lisson outlined on the maps where the proposed line would go, the impacts to
the land and the approval process needed. Xcel Energy is requesting preliminary approval from
Bayfield County to locate on County Forest Land.
Discussion took place about the letters the property owners received and map included,
which did not show any of the property owners where the lines are being proposed. It was
asked if there were going to be more meetings. Xcel stated that a meeting is scheduled for
tomorrow where property owners can give their name and address to look at their parcels to
see what impacts will be on their property. It was noted that meetings are not scheduled for
specific towns and have requested those towns involved to get a hold of them. What Xcel is
looking for tonight is the right to build part of the transmission line on approximately 7.5 acres
of Bayfield County Forest Land. The Board stated that looking at project as a whole, it would
be hard to make a decision knowing the people did not receive adequate time involved. Further
discussion on what would happen if they did not get approval from the Board. Xcel stated that
they will be compiling all of the information to put into an application. Until Xcel received the
Certificate of Authority they can’t build the line. Xcel just wanted to come to the County as
the County is the biggest property owner on the line. Should the County say “no” to the use of
the 7.5 acres, Xcel would need to add additional land owners to the transmission project.
Supervisors felt that more information was needed and that this seems to be
premature since there is an informational meeting scheduled for tomorrow night. Would like to
wait to hear how the informational meeting goes as well.
A motion was made by Silbert/Bussey to receive and place on file the
presentation, explicitly making no decision either for or against the second circuit
transmission project. Discussion took place and Silbert stated that this is not a negative
outcome, but felt this was premature and that Xcel should wait until after the meeting
tomorrow night as 5 townships are involved. Further discussion took place as to when it would
come before the Board again for reconsideration. Chairman Pocernich stated that it will be on
the next County Board Agenda. The motion carried with one opposition
The Board took a short recess at 7:50 p.m. Board reconvened at 8:00 p.m.
6. Bayfield County Resolution No. 2017-46, To Accept Taking Action with
Data – Carbon MonoxLife Grant. Sara Wartman, Health Director, was present to explain the
Resolution to the Board. The Board dispensed with the Reading of the Resolution, which reads
as follows:
WHEREAS, the Bayfield County Health Department has received a Taking Action
with Data – Carbon MonoxLife Grant in the amount of $10,000. The ultimate goal of this
project is to help improve overall safety and health of Bayfield County residents by
decreasing accidental deaths or incidences attributed to carbon monoxide poisonings. By
increasing the amount of carbon monoxide detectors available in homes, ice-fishing
180
shelters and other high-risk locations, there will be a decrease in accidental carbon
monoxide poisonings and emergency room visits. Along with providing the carbon monoxide
detectors, this project will provide outreach and education at local community events on
the hazards associated with carbon monoxide and poor indoor air quality. Total award
beginning on August 1st, 2017, and to be expended by July 31st, 2018; and
WHEREAS, the 2017 Budget does not contain any projections to account for any
revenue or expenditures for said grant; and
WHEREAS, it is the desire of the Bayfield County Board of Health to accept and
expend said grant in 2017.
NOW, THEREFORE, BE IT RESOLVED, that the Bayfield County Board of
Supervisors assembled this 29th day of August, 2017, hereby authorizes the use of
Revenue Account Number 100-20-43550-012 and Expense Account Number 100-20-54136
for the Taking Action with Data – Carbon MonoxLife Grant; and
BE IT FURTHER RESOLVED, that the Bayfield County Board of Supervisors
hereby amends the 2017 budget by $10,000 for grant revenue/expenses.
By Action of the
Bayfield County Board of Supervisors
Dennis M. Pocernich, Chairman
A motion was made by Bussey/Coughtry to adopt Bayfield County Resolution
No. 2017-46, To Accept Taking Action with Data – Carbon MonoxLife Grant. Supervisor
Strand stated that the Health Board has reviewed this Resolution and recommends approval by
the County Board. A roll call vote was taken as follows: Williams-absent; Coughtry-yes;
Miller-absent; Crandall-yes; Rondeau-yes; Goodwin-absent; Bussey-yes; Fickbohm-yes;
Maki-yes; Oswald-yes; Silbert-yes; Pocernich-yes; Strand-yes. Total: 13; 10 yes, 0
no, 3 absent. The motion carried.
7. Bayfield County Resolution No. 2017-48, To Accept Safe Sharps and
Prescription Drug Collection Grant. Wartman explained this was grant was received from
Security Health. The Board dispensed with the reading of the Resolution, which reads as
follows:
WHEREAS, the Bayfield County Health Department has received a Safe Sharps
and Prescription Drug Collection Grant in the amount of $12,000 to assist in expenses
incurred establishing three permanent locations to drop off old or unused prescription
drugs and sharps, promoting a decrease in adverse drug events and prescription drug
abuse, eliminating the danger of sharps entering the waste system and providing outreach
and education to the community regarding the importance of safe disposal of prescription
medications and sharps. Total award beginning on June 29th, 2017, and to be expended by
June 29th, 2018; and
WHEREAS, the 2017 Budget does not contain any projections to account for any
revenue or expenditures for said grant; and
181
WHEREAS, it is the desire of the Bayfield County Board of Health to accept and
expend said grant in 2017.
NOW, THEREFORE, BE IT RESOLVED, that the Bayfield County Board of
Supervisors assembled this 29th day of August, 2017, hereby authorizes the use of
Revenue Account Number 100-20-48520-001 and Expense Account Number 100-20-54116
for the Safe Sharps and Prescription Drug Collection Grant; and
BE IT FURTHER RESOLVED, that the Bayfield County Board of Supervisors
hereby amends the 2017 budget by $12,000 for grant revenue/expenses.
By Action of the
Bayfield County Board of Supervisors
Dennis M. Pocernich, Chairman
A motion was made by Rondeau/Coughtry to adopt Bayfield County Resolution No.
2017-48, To Accept Safe Sharps and Prescription Drug Collection Grant. A roll call was
taken as follows: Coughtry-yes; Miller-absent; Crandall-yes; Rondeau-yes; Goodwin-
absent; Bussey-yes; Fickbohm-yes; Maki-yes; Oswald-yes; Silbert-yes; Pocernich-yes;
Strand-yes; Williams-absent. Total: 13; 10 yes, 0 no, 3 absent. The motion carried.
8. Bayfield County Resolution No. 2017-49, To Accept 2017 Clinic
Improvement WIC Mini Grant. Wartman explained the Resolution to the Board and the
Board dispensed with the reading of the Resolution, which reads as follows:
WHEREAS, the Bayfield County Health Department has received additional
funding for a special project from the Wisconsin Department of Health Services in the
amount of $2,320 to assist in expenses incurred improving the Bay Area WIC clinic. Grant
funds will be used to create visible and inviting signage to make the WIC office easier to
find; to make the physical space more attractive, comfortable, welcoming and safe; and to
ensure that the WIC office is child-friendly with activities or toys for children and
father-friendly with reading materials and postings of interest for fathers. Specially,
funds will be used for expenses including the purchase of artwork, toys and breastfeeding
room updates. Total award beginning on June 21st, 2017, and to be expended by September
30th, 2017; and
WHEREAS, the 2017 Budget does not contain any projections to account for any
revenue or expenditures for said grant; and
WHEREAS, it is the desire of the Bayfield County Board of Health to accept and
expend said grant in 2017.
NOW, THEREFORE, BE IT RESOLVED, that the Bayfield County Board of
Supervisors assembled this 29th day of August, 2017, hereby authorizes the use of
Revenue Account Number 100-20-43550-011 and Expense Account Number 100-20-54107
for the 2017 WIC Mini-Grant; and
BE IT FURTHER RESOLVED, that the Bayfield County Board of Supervisors
hereby amends the 2017 budget by $2,320 for grant revenue/expenses.
182
By Action of the
Bayfield County Board of Supervisors
Dennis M. Pocernich, Chairman
A motion was made by Rondeau/Fickbohm to adopt Bayfield County Resolution No.
2017-49, To Accept 2017 Clinic Improvement WIC Mini Grant. A roll call was taken as
follows: Miller-absent; Crandall-yes; Rondeau-yes; Goodwin-absent; Bussey-yes;
Fickbohm-yes; Maki-yes; Oswald-yes; Silbert-yes; Pocernich-yes; Strand-yes; Williams-
absent; Coughtry-yes. Total: 13; 10 yes, 0 no, 3 absent. The motion carried.
9. Bayfield County Resolution No. 2017-47, 2017 Health Department Budget
Amendments. Wartman explained that this Resolution to the Board and Supervisor Strand
reported that the Health Committee wishes to acknowledge the efforts of the Health
Department and the initiative in going after and receiving these grants. The Board dispensed
with the reading of the Resolution, which reads as follows:
WHEREAS, adjustments to the 2017 Health Department budget are necessary due
to increases/decreases in federal and state grant funding; and
WHEREAS, this will not affect the amount of tax levy requested by the
department.
NOW, THEREFORE, BE IT RESOLVED, that the Bayfield County Board of
Supervisors assembled this 29th day of August, 2017 amends the 2017 budget by $30,127
and authorizes the increase/decrease of the following revenue and expense accounts for
2017.
ACCOUNT NUMBER DESCRIPTION ADJUSTMENTS
Revenue Adjustments
100-20-43550-012 Carbon Monoxide Grant 10,000
100-20-43550-001 Maternal Child Health Grant (1,230)
100-20-43550-005 Immunization Grant 20
100-20-43550-007 Prevention Grant 393
100-20-43550-002 Childhood Lead Prevention Grant (13)
100-20-43550-011 WIC Grant (2,473)
100-20-43550-022 SNAP Ed Grant 248
100-20-43550-004 Beach Monitoring Grant 2,000
100-20-48520-001 SH Safe Sharps & Drug Collection Grant 12,000
100-20-48508 Alcohol & Drug Awareness 1,000
100-20-43550-009 PHEP Ebola 2 Grant 8,182
Total Increase to Revenues $30,127
Expenditure Adjustments
100-20-54136 Carbon Monoxide Grant 10,000
100-20-54103 Maternal Child Health Grant (1,230)
100-20-54113 Immunization Grant 20
100-20-54104 Prevention Grant 393
100-20-54112 Childhood Lead Prevention Grant (13)
100-20-54107 WIC Grant (2,473)
183
100-20-54121 SNAP Ed Grant 248
100-20-54120 Beach Monitoring Grant 2,000
100-20-54116 SH Safe Sharps & Drug Collection Grant 12,000
100-20-54127 Alcohol & Drug Awareness 1,000
100-20-54105 PHEP Ebola 2 Grant 8,182
Total Increase to Expenditures $30,127
By Action of the
Bayfield County Board of Supervisors
Dennis M. Pocernich, Chairman
A motion was made by Strand/Oswald to adopt Bayfield County Resolution No.
2017-47, 2017 Health Department Budget Amendments. A roll call was taken as follows:
Crandall-yes; Rondeau-yes; Goodwin-absent; Bussey-yes; Fickbohm-yes; Maki-yes;
Oswald-yes; Silbert-yes; Pocernich-yes; Strand-yes; Williams-absent; Coughtry-yes;
Miller-absent. Total: 13; 10 yes, 0 no, 3 absent. The motion carried.
10. Bayfield County Resolution No. 2017-51, 2017 Sheriff’s Office Budget
Amendments. Abeles-Allison briefly explained and turned the meeting over to Sheriff
Susienka who explained that the Sheriff’s Office is in need of items of priority that being the
replacement of a fingerprint scanner, CODY interface fingerprint scanner, jail station door
repair, radio/antenna for Jail POD; mobile fingerprint scanner and emergency tower automatic
switch during power failures. There are sufficient offsetting revenues from jail boarding to
cover these expenses without utilizing fund balances. All but one item has to do with the
everyday jail operations.
The Board dispensed with the reading of the Resolution, which reads as follows;
WHEREAS several critical needs have come up in the Sheriff Office in 2017; and
WHEREAS the Sheriff’s Committee has made a recommendation to the full county
board to fund top priority needs of the Sheriff’s Office in 2017; and
WHEREAS budgeted funds are committed to other projects; and
WHEREAS sufficient offsetting revenues from jail boarding are available to cover
these expenses without utilizing fund balances; and
WHEREAS the following critical needs are requested for funding:
• Replacement Fingerprint Scanner for jail, $12,299 (Capital Equipment)
• CODY Interface with Fingerprint Scanner $2,000 (Contract)
• Jailer Station Door Repair, $6281 (Contract)
• Radio/Antenna for Jail POD Wiscom Communications, $2000 (Contract)
• Mobile Fingerprint Scanner, $2500 (Capital Equipment)
• Emergency Tower Automatic Switch during power failure, $1301 (Contract)
Total: $26,381
184
NOW, THEREFORE, BE IT RESOLVED, that the Bayfield County Board of
Supervisors assembled this 29th day of August, 2017, does hereby authorize that the 2017
budget be amended to reflect the unanticipated expenses and increased boarding revenue
for 2017:
Increase Sheriff/Jail
Contractual Services 100-17-52701-50290 by $11,582
Capital Equipment 100-17-52701-50810 by $14,799
Total: $26,381
By Action of the
Bayfield County Board of Supervisors
Dennis M. Pocernich, Chairman
A motion was made by Rondeau/Silbert to adopt Bayfield County Resolution No.
2017-51, 2017 Sheriff’s Office Budget Amendments. A roll call was taken as follows:
Rondeau-yes; Goodwin-absent; Bussey-yes; Fickbohm-yes; Maki-yes; Oswald-yes;
Silbert-yes; Pocernich-yes; Strand-yes; Williams-absent; Coughtry-yes; Miller-absent;
Crandall-yes. Total: 13; 10 yes, 0 no, 3 absent. The motion carried.
11. Bayfield County Resolution No. 2017-52, Request to Amend the UW-Ext.
292 Budget. Abeles-Allision gave a brief explanation what the funds will be used for. Jason
Fischbach from the UW-Extension office will be overseeing the grant. 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
Compeer Financial so that Bayfield County UW-Extension can work with a local area
business to develop a feasibility study and business plan for a prospective agricultural-
related business; and
WHEREAS, the 2016 Bayfield County UW-Extension 292 budget needs to be
amended to reflect these increases in revenue and expenses:
Revenue Accounts to increase for a total of $ 5,000.00
Compeer Financial
# 292-25-48517 in the amount of $5,000.00
Disbursement Accounts to increase for a total of $ 5,000.00
Compeer Financial
# 292-25-55648-50290 Contractual Services in the amount of $5,000.00
NOW, THEREFORE, BE IT RESOLVED that the Bayfield County Board of
Supervisors assembled this 29th day of August, 2017 does hereby amend the UW-
Extension 292 budget to reflect the increase in revenues by $ 5,000.00 and the increase
in expenditures by $ 5,000.00.
185
By Action of the
Bayfield County Board of Supervisors
Dennis M. Pocernich, Chairman
A motion was made by Rondeau/Silbert to adopt Bayfield County Resolution No.
2017-52, Request to Amend the UW-Extension 292 Budget. A roll call was taken as
follows: Goodwin-absent; Bussey-yes; Fickbohm-yes; Maki-no; Oswald-yes; Silbert-yes;
Pocernich-yes; Strand-yes; Williams-absent; Coughtry-yes; Miller-absent; Crandall-yes;
Rondeau-yes. Total: 13; 10 yes, 0 no, 3 absent. The motion carried.
12. Bayfield County Resolution No. 2017-50, To Establish a Contract Between
the Bayfield County Board of Supervisors and Arrowhead Regional Corrections for Housing
Juveniles. Abeles-Allison explained the Resolution on behalf of the Dept. of Human Services.
The Board dispensed with 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, using 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, a resolution is required annually and Bayfield County has had a contract
in effect since January 1, 2017; 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 holiday; 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 comply 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
186
WHEREAS, the proximity of Arrowhead Juvenile Center to Bayfield County
families and professionals allows greater ease and capacity for family and professional
visits.
NOW, THEREFORE, BE IT RESOLVED, that the Bayfield County Board of
Supervisors assembled this 29th day of August, 2017 will authorize the Department of
Human Services to contract with the Arrowhead Regional Corrections to facilitate the
short-term housing of juveniles.
By Action of the
Bayfield County Board of Supervisors
Dennis M. Pocernich, Chairman
A motion was made Crandall/Coughtry to adopt Bayfield County Resolution No.
2017-50, To Establish a Contract Between the Bayfield County Board of Supervisors and
Arrowhead Regional Corrections for Housing Juveniles. Discussion started and District
Attorney, Kim Lawton, asked for permission to address the Board which was granted. Lawton
pointed out that the State Statute referenced was wrong and should read “Sec. 938.223.”
The motion carried.
13. Bayfield County Amendatory Ordinance No 2017-07, Amendment to Section
5-5 Bayfield County Animal Manure Storage Ordinance in Bayfield County Ordinance Title
5 Public Safety-Definitions. Abeles-Allison reported on behalf of Land & Water Department
that these are minor revisions to the existing Ordinance. The Board dispensed with the
reading of the Ordinance, which reads as follows:
WHEREAS, Wisconsin Statutes §59.03(2) provides that, except as elsewhere
specifically provided in the statutes, the board of any county is vested with all powers of a
local, legislative and administrative character; and
WHEREAS, Wisconsin Statutes §59.02(2) permits the enactment of ordinances by
the County Board of Supervisors; and
WHEREAS, Section 2-2-3, Code of Ordinances, Bayfield County, Wisconsin,
authorizes County Board committees or individual supervisors to introduce proposed
ordinances; and
WHEREAS, Wisconsin Statutes §92.16 authorizes the County to enact an
ordinance requiring manure storage facilities to meet certain technical standards; and
WHEREAS, it is deemed to be in the best interest of the County of Bayfield to
create Chapter 5 “Animal Manure Storage” under Title 5 “Public Safety”, Code of
Ordinances, Bayfield County, Wisconsin; and
WHEREAS, it is deemed to be in the best interest of the County of Bayfield that
the Code of Ordinances, Bayfield County, Wisconsin, be further modified and amended in
the manner hereinafter set forth.
NOW, THEREFORE, the Bayfield County Board of Supervisors does hereby ordain
as follows:
187
Section 1. Chapter 5 [Animal Manure Storage] of Title 5 [Public Safety] [Definitions] of
the Code of Ordinances, Bayfield County, Wisconsin is hereby amended to read as follows:
Sec. 5-5-2 Definitions
(a) The following terms used in this Chapter have the meanings indicated. Definitions 1 –
16, 18-21 and 23; removing the following from the Definitions:
(17) Technical Standard 312. “Waste Management System” A planned system in which
all necessary components are installed for managing liquid and solid waste, including runoff
from concentrated waste areas, in a manner that does not degrade air, soil, or water
resources.
(22) Temporary Manure Stack. An uncontained deposit of animal waste, placed on an
earthen, concrete, or other surface necessary to facility daily or periodic land spreading.
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 29th day of
August, 2017.
By Action of the
BAYFIELD COUNTY BOARD OF SUPERVISORS
Attested to by:
Dennis M. Pocernich, Chairman
A motion was made by Bussey Strand to adopt Bayfield County Amendatory
Ordinance No 2017-07, Amendment to Section 5-5 Bayfield County Animal Manure
Storage Ordinance in Bayfield County Ordinance Title 5 Public Safety-Definitions.
Supervisor Bussey stated that these are purely technical references and definitions and do not
amend the substance of the Ordinance. The Land & Water Committee reviewed and
recommended this for full Board approval. The motion carried.
14. Discussion and Possible Action on Telemark Feasibility Study Project and
Contingency Fund Allotment. Abeles-Allison stated to the Board that this was placed on the
agenda to see if Bayfield County would assist the firm of HK Hospitality in funding an
independent feasibility study. Steve Hedberg joined the meeting via telephone conference at
8:25 p.m. Scottie Sandstrom, Bayfield County Economic Director, spoke first saying he would
like to see support from the county as we are moving in a good direction. The National Bank of
188
Commerce has requested the feasibility study, which is one of the last steps before the
project gets up and running. The study needs to come from an independent source who will
confirm whether the project is a viable or not. Discussion took place on the feasibility study
wondering why the County needs to get involved and what makes it an independent study other
than the fact that the County would be paying for it. Hedberg stated that more often than
not, banks require such a study from another entity to do an analysis on their own free from
any bias there might me. Hedberg stated he spoke to the Executive Committee awhile back
and explained the process for putting together an investment project. The Bank is requiring a
3rd independent party to do an analysis of this on their own. This can then be used by our
group or other groups that will then own the study.
Hedberg was questioned about who hired the firm for the study and why before coming
to the County to ask them for help. Hedberg responded by saying his company hired the firm,
and this is not an uncommon practice with developers. This is a 47-million-dollar project and
there must be an independent study done.
James Bolen, Cable Chamber of Commerce Director, added to the discussion stating
that Telemark is a landmark, not only in Bayfield County but in Northern Wisconsin. This
project will be a huge contribution to the county. Benefits would to our area would be for the
Fat Tire Race, the Birkie and any other opportunity that may arise from this. Bayfield County
would be lax in their duties to not help this business opportunity to come forth.
The Board members spoke amongst themselves about how history has a way of
repeating itself. This has been invested in time and time again and has failed making the
question as to why is this one so special. Sandstrom spoke that this firm is in the business of
managing multi-million dollar businesses. Both Hedberg and Kelley, his business partner,
believe they know how to make Telemark successful again. We need a strong project that will
grow through the long term and add jobs to our area.
The cost of the independent feasibility study is $15,000. The Town Cable has
contributed $3,750, which will be payed in 2 installments. Despite the fact that we were not
consulted prior to this evening’s meeting, that the study has already been ordered, and now we
are going asked to fund it Silbert/rondeau made a motion to approve $11,250 to complete
the independent feasibility study because the potential is great. Discussion on the failure
over the years regarding Telemark. A presentation was been made to the Executive
Committee and it was explained that 80 to 90% of this project is being provided by this firm.
Discussion on why this plan is better than prior plans; we have done this before, made zoning
changes, put dollars up front for the Paralympic games and the only thing that we saw were
1,000’s of tourists, nothing concrete. Discussion on providing the dollars upfront and the firm
reimburse the County when it is up and running. Hedberg stated that he would be happy to
reimburse the County, as they need the study done by a third party.
Discussion also took place on the skepticism regarding an expenditure of County funds
as they have to be for a public purpose. The survey may provide information that is helpful to
our County Tourism Department and in developing areas in the southern part of the County. If
it helps development to other parts of the Telemark property, this would be in the public’s
interest. Discussion on what will transpire if the feasibility study doesn’t show Telemark is
viable – are we are out the $11,250? The fact that the County is willing to get involved weights
189
in for the project and shows support. This is a huge opportunity for Southern Bayfield County,
one that is worth taking and enough public interest to justify the public expense.
The Executive Committee did review additional information and recommended that it be
forwarded to the full County Board to figure out where the funding would come from. The
Executive Committee would request that a Memorandum of Understanding from Bayfield
County be drafted, which would contain a time frame to allow HK Hospitality Management to
develop Telemark, and at the end of the time frame, would go into a Development Agreement
with the Town of Cable. Bayfield County would also like the first copy of the feasibility study.
Hedberg would like a copy as soon as possible so as not to wait longer than need be to get the
project started. A motion was made by Coughtry/Strand to call for the question. The
motion carried with one opposition. A roll call vote took place on the original motion as
follows: Bussey-yes; Fickbohm-yes; Maki-no; Oswald-yes; Silbert-yes; Pocernich-no;
Strand-yes; Williams-absent; Coughtry-yes; Miller-absent; Crandall-yes; Rondeau-yes;
Goodwin-absent. Total: 13; 8 yes, 2 no, 3 absent. The motion carried.
Supervisor Rondeau left the meeting at 8:30 p.m.
15. Discussion and Possible Action on Bayfield County Housing Authority
Appointment. Abeles-Allison reported Carol DeMars is retiring from the Housing Authority
Board after serving a very lengthy term. Advertisement went to the public for anyone
interested in this position and we received an application from MaryBeth Shelven of Drummond
who had the requirements listed. A background was completed on her and he is recommending
that the Board approve her appointment. A motion was made by Bussey/Crandall to approve
the appointment of Mary Shelven to the City of Washburn, County of Bayfield Housing
Authority Board. The motion carried.
16. Bayfield County Resolution No. 2017-54, (Amended 2017-37), Transfer of
County Forest Land to the Across the Pond Veteran’s Park and Withdrawal from County
Forest Law. Abeles-Allison explained that the Town has not passed its non-profit status and
since this did not happen, it was felt that before proceeding any further, no action would be
taken on this item. An amendment was made to the Resolution, which is highlighted. We will
wait on this until the Town comes back having passed their non-profit status.
17. Discussion and Possible Action Regarding the Evelyn Goldberg Briggs
Memorial Library Building Strong Library Project Fund Modification. Abeles-Allison
reported that originally the Iron River Library received money for shelving units. However,
now that they are in the construction mode, they are asking the Board if they can use this
money for their new construction instead and will reuse their current shelving units. He
further reported that construction is underway and they will be housed in a temporary building
until the addition is complete. A motion was made by Silbert/Strand to allow the Evelyn
Goldberg Briggs Memorial Library to switch funding to have money for their construction
needs instead of being used for new shelving units. The motion carried
18. Discussion and Possible Action on Space and Security Study for 2017
Recommendations. The Executive Committee has recommended 4 points of action in 2017,
which are as follows:
✓ Office Security was an issue raised with offices interacting with the court.
190
a. Child Support: Using existing space, add two new walls with 3 large
windows. Also add a new/replacement camera. 66% of these costs are
reimbursable.
b. Clerk of Court Window: Proposal is to insert tempered glass into frame
with a 6” pass through window and 12” opening at the top.
c. D.A. Window: Add bullet proof glass with pass through window.
d. Sheriff Entry Window: Replace with bullet proof glass and safety pass.
✓ Lighting Improvements: Craig has worked with the lighting contractor to
address exterior lighting to walkways and parking areas. As authorized this is
nearly complete.
✓ Courthouse Door Controls: Controlled access will help address security.
Proposed work entails upgrading existing Sheriff Office Door Control system
(approved in the 2017 budget already), software, controls AND adding 13 doors
in the courthouse, including three exterior doors (all except 5th Street door),
Human Services doors, Child Support, Clerk of Court, DA and Judge.
This system is expandable for adding doors in the future. This system also has the
ability of integrating cameras. We are negotiating with our current door control provider.
Funding: as noted on the below, utilizing the $50,000 allocated and the $30,000 from
Capital Improvement. Our estimates show we will be short $27,446.
Recommendation: Approve plan and authorize supplemental funding for implementation
of the first phase of our Space and Security proposal.
Office Security Proposals
Child Support Office $ 5,732.00
Child Support Camera 3,000.00
Clerk of Court Window 2,112.00
DA Window 6,739.00
Sheriff Front Entry 6,534.00
Sheriff Window 4,788.00
Court Security 4,000.00
Lighting Improvements
Courthouse, Annex, Parking $ 3,337.00
Door Controls
Jail Control System Upgrade
Courthouse 13 Doors $ 66,237.44
Contingency, 5% $ 5,116.52
Total Expense $ 107,446.96
Balance $ (27,446.96)
A motion was made by Oswald/Fickbohm to receive and place on file the Space and
Security Improvement Project Analysis for 2017. The motion carried with one opposition.
191
19. Bayfield County Resolution No. 2017-55, 2017 Space and Security Study
Plan Budget Amendment. The Board dispensed with the reading of the Resolution, which
reads as follows:
WHEREAS Bayfield County retained BKV Associates to provide a Space and
Security Study during the first part of 2017; and
WHEREAS the examination highlighted a variety of solutions and prioritized next
steps to consider; and
WHEREAS several of these topics were deemed to be top priorities that should be
addressed as soon as possible; and
WHEREAS the County Executive Committee reviewed and recommended the top
priorities on to the County Board. The top priorities were:
• Exterior lighting improvements
• Courthouse Door Control Upgrades
• Child Support Office Security Upgrades
• Sheriff, Clerk of Court and District Attorney Security Service Window
upgrades; and
WHEREAS these priority improvements will be primarily accomplished with funds
already allocated in the 2017 budget; and
WHEREAS the total cost of these improvements exceeds the budgeted amount by
$27,446.
NOW, THEREFORE, BE IT RESOLVED, that the Bayfield County Board of
Supervisors assembled this 29th day of August, 2017, does hereby authorize that
$27,446 in fund balance be allocated to the County Board Capital Improvement budget to
help pay for courthouse door control upgrades.
Increase General Fund Balance Applied: 100-00-49301 by $27,446
Increase General Fund Transfer to CIP: 100-00-59430-50820 by $27,446
Increase Capital Improvement Transfer
from Other Funds: 430-70-49201 by $27,446
Increase Capital Improvement Line: 430-01-57100-50820 by $27,446
By Action of the
Bayfield County Board of Supervisors
Dennis M. Pocernich, Chairman
A motion was made by Strand/Bussey to adopt Bayfield County Resolution No.
2017-55, 2017 Space and Security Study Plan Budget Amendment. Clarification was asked
for on which doors would be open and which ones locked. A roll call was taken as follows:
Fickbohm-yes; Maki-no; Oswald-yes; Silbert-yes; Pocernich-yes; Strand-yes; Williams-
192
absent; Coughtry-yes; Miller-absent; Crandall-yes; Rondeau-absent; Goodwin-absent;
Bussey-yes. Total: 13; 18 yes, 1 no, 4 absent. The motion carried.
20. Appointment of Three Designees to the Northern Lights Board. Abeles-
Allison explained that the new lease agreement with Northern Lights states that the County
will have three designees to the Northern Lights Board who can attend both regular and
executive session meetings, but do not have voting authority. The Board Chair is to designate
the person(s) he would like to recommend to the board. Supervisor Crandall stated that he
would like to designate Kathy Wendling; she was a vital asset in getting to the bottom of where
the nursing home is today, we need people like her on the Board. Discussion also took place on
whether or not it was a conflict of interest if a family member is a resident in the nursing
home. It was pointed out that the designees are non-voting members and it shouldn’t matter.
Supervisors Silbert and Maki have been on the Nursing Home Board as the County’s
representatives for quite some time now, seems fitting to keep them on the Board. A motion
was made by Bussey/Strand to appoint Harold Maki and Jeff Silbert to the Northern
Lights Services Board as non-voting members. The motion carried.
Supervisor Crandall made a motion to appoint Kathy Wendling as a citizen member to the
Northern Lights Services Board. Discussion took place on time frame for each term.
Discussion took place on having a Human Services employee on the Board such as Carrie Linder.
Further discussion took place and it was agreed that the Board did not need to appoint a third
person tonight and perhaps we are missing other possible candidates. The motion died for a
lack of a second. It was also noted that we need to clarify that the third person be either
an independent person or a County employee. Chairman Pocernich will add this on to the
September County Board meeting.
21. Executive Session. The Bayfield County Board of Supervisors did not move
into Executive/Closed Session.
a) Motion to Adopt Closed Session Minutes of the Bayfield County Board of Supervisors’
Meeting held on June 20th & and July 25, 2017;
b) Discussion on On-Going Litigation Regarding: Alford, Hautop, DNR, Titus Cases;
22. Administrator’s Report:
✓ Abeles-Allison briefly updated the Board on the on-going litigation the
County is presently in as follows:
a) Alford is another delinquent tax situation;
b) Hautop is an issue on tax foreclosure.
c) DNR is regarding the Manure Storage Ordinance, language is
currently being worked on and they will get back to us.
d) Titus is regarding the town road where the stop sign was not in
place for the driver to see and went through it, hitting another
vehicle.
✓ Future County Board Meeting Dates:
Sept. 19th; Oct. 31st; and Nov. 14th.
✓ Abeles-Allison update the Board on the General Obligation Refunding Bonds
Sale Report and provided the results. Good news was that Bayfield County o
193
was upgraded to an “AA2” from AA3 and we saved $549,783 which is a very
good return. Bremer Bank in Colorado bought the bonds.
✓ Update on 2018 Budget Preliminary Report is that all departments have
submitted their reports. This will be going to the Executive Committee.
✓ Business Park Road Project Update. Tom Toepfer, Highway Commissioner, is
concerned about how wet everything is. The work can’t be done this year
and is also concerned about next year’s schedule.
✓ Photos were shared by Abeles-Allison of the Bayfield County Fair.
23. Supervisors’ Reports. None.
There being no further business to come before the Bayfield County Board of
Supervisors, Chairman Pocernich adjourned the meeting at 9:35 pm.
Respectfully submitted,
Scott S. Fibert,
Bayfield County Clerk
SSF/dmb