HomeMy WebLinkAboutCounty Board of Supervisors - Minutes - 3/20/2018
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Minutes of the
Bayfield County Board of Supervisors’ Meeting
March 20, 2018 – 6:00 p.m.
Bayfield County Board Room, Courthouse, Washburn, Wisconsin
Chairman Pocernich called the meeting to order at 6:00 pm. A roll call was taken by
Scott Fibert, County Clerk, as follows: Harold Maki-present; Jeremy Oswald-present;
Jeffrey Silbert-present; Dennis Pocernich-present; Fred Strand-present; Thomas Snilsberg-
present; Rachel Coughtry-absent; Shawn Miller-present; James Crandall-present; Brett
Rondeau-present; George P. Newago-present; William Bussey-present; Larry Fickbohm-
present; Total 13: 12 present, 1 absent, A quorum was present to conduct business. The
following were also present for this evening’s meeting: Mark Abeles-Allison, County
Administrator; Dawn M. Bellile, Deputy County Clerk; Jason Bodine
The Pledge of Allegiance was recited by all attending this evening’s meeting.
1. Public Comment.
John Mason, Cornucopia, spoke of his background on how he ended up in this area. He
reminded everyone that no owns the river, it belongs to everyone. Siskiwit is special with its
shallow waters and small waterfalls allowing people to walk, swim and play in it. This goes
back for generations and he hopes the park gets the protection that it needs for future
generations to enjoy.
Phil Moye, Lost Creek, Town of Bell. Moye went on record for himself and his wife
Nancy stating they believe Bayfield County’s involvement, ownership and stewardship of the
Siskiwit River Forest Project will truly result in a treasured learning and recreational
experience for all who have an opportunity to visit this beautiful combination of waterfalls,
boreal forest and plains where the Siskitwit River makes its way to Lake Superior. They
believe the potential for this project is equal to and possibly greater than that of Copper
Falls near Mellen. The vision and knowledge of Bayfield County’s leadership and staff will
provide the policy, planning, fiscal, operational infrastructure and manpower resources
needed to optimize this property’s true potential
Alan Hahn stated he lives adjacent to Swenson property and is in favor of protecting
the property; hoping that this will be kept in the County’s hands and preserved for future
use.
Laurel Shanks stated she is a Senior at Washburn High School and is applying for the
Local Government Scholarship and explained why she is interested in government.
Yvette Fleming, Town Board Supervisor for the Town of Bell. Fleming stated that this
project meets every standard of the Town’s Comprehensive Plan, i.e., wildlife, fisheries, by-
ways for birds, estuary. Fleming urged the Board to vote in favor of this project.
Dan Zei, Maple Hill Road, Washburn, stated he is here this evening to show support
for the Siskiwit River Project. This is a very unique property and this effort will allow for
public use of this property for perpetuity. He commended all parties involved and hopes to
see that this project take place. He encouraged the Board to support this project as a
whole.
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Gordon Anderson is an adjacent property to estuary preserve project. Anderson’s
family is in total support of this and excited that this opportunity has presented itself.
Anderson asked that the Board support this and save this piece of property for prosperity.
Mary OBrien, representative from the Bayfield Regional Conservancy reported that 71
individuals have $181,000 towards this project which has matching funds. It is the hope of
these individuals that the Board will approve this project this evening. OBrien stated Erika
Lang, Director of the Conservancy will be speaking more on the project.
Jane Norton, Ehlers Store and adjacent property owner. Norton reported that this
was a tough summer as people could not come back to visit this property. They are excited
that this will become a reality and people will once again be able to visit.
Susan Keachie, Resident of cornucopia, stated she was instrumental in writing the
Comprehensive Plan. Keachie stated that this project totally meets the objectives of the
Comp Plan and this project is a good fit and should be reserved for future use.
At this time Pocernich closed Public Comment and introduced County Board candidates
who are running for positions on the County Board on April 3rd; that were in the audience. Pat
Quaintance, District 2, David Zepczyk, District 11 and Marty Milanowski, District 10, spoke at
the last meeting. Dee Kittleson, District 11 and Thomas Gordon, District 2. Pocernich invited
the candidates to say a few words if they wanted to.
Kittleson spoke stating she used to be on the County Board but then moved from
Washburn to Grand View. She is running for the District 11 seat. Kittleson also stated that
she came to wish everyone well who is retiring from the Board this evening.
Gordon state that he cares about what happens in Bayfield County. He has previously
given over 50 years of dedication to Bayfield County either as a County Board member,
County Clerk, Administrative Coordinator, through committees and the like. He believes he
has and will continue to take care of Bayfield County residents.
Coughtry chose not to speak.
2. Bayfield County Resolution No. 2018-21, Supporting Bayfield Regional
Conservancy’s (BRC) Siskiwit River Estuary Preserve Project, Including County Ownership
and Management of the Property. Jason Bodine, Forest Administrator, stated that Erika
Lang, Bayfield Regional Conservancy Director, is on the telephone waiting to speak on behalf
of the Conservancy and what the project will mean to the area. Lang stated that this
project has been in the making for over 3 years and gave a lengthy background on how a
conservancy such as this takes place and what it will mean to the area. Lang stated that the
Conservancy and the Town of Bell pursued competitive grants through Wisconsin’s Knowles-
Nelson Stewardship Program and NOAA’s Coastal and Estuarine Land Conservation Program
(to which Wisconsin Coastal Management Program applies) to acquire and protect the
property. The NOAA grant will soon be awarded to Bayfield County (as a local government
entity), who will hopefully agree to become the property’s owner and manager. All matching
funds have been raised for the land purchase, and are coming from landowners, community
members, and other donors. The Bayfield Regional Conservancy will hold a conservation
easement on the property to protect its conservation values forever. The landowners would
like the property to be called the Swenson Forest Preserve, to honor the family, if possible.
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Bodine stated that with Lang’s explanation, he need not say more. The Board
dispensed with the reading of the Resolution, which reads as follows:
WHEREAS, The Siskiwit River Estuary Preserve Project (also known as the Swenson
Forest Preserve) involves approximately 100 acres of land, with significant frontage along,
and access to, the Siskiwit River, including portions of the Siskiwit falls, in the Town of Bell,
Bayfield County (see Exhibit A); and
WHEREAS, on January 16, 2017, the Forestry and Parks Committee voted to support
the Siskiwit River Estuary Preserve Project (hereafter, Siskiwit River project), on the basis
of conserving the natural resource values of the property, for tourism and economic
development potential, for the preservation and sense of place in the community, and for its
consistency with both the County’s and Town’s Comprehensive Plans; and
WHEREAS, on February 13, 2017, the Forestry and Parks Committee approved a draft
resolution of support for the Siskiwit River project including the potential for county
ownership of the land comprising the project, provided that full funding for land acquisition
was awarded and the Town of Bell declined ownership; and
WHEREAS, the project was initially presented with the Bayfield Regional Conservancy
(hereafter, the BRC) obtaining full funding for the acquisition of land from numerous sources,
including grants from the Knowles-Nelson Stewardship Program, NOAA’s Coastal and
Estuarine Land Conservation Program (CELCP), as well as from private donations, as needed,
with ownership of the property conveyed to the Town of Bell; and
WHEREAS, during their meeting on October 10, 2017, the Town of Bell Town Board
formally declined ownership of the property by postponing indefinitely the submission of a
letter to NOAA for the awarding of the CELCP grant, thereby rejecting the grant award; and
WHEREAS, as part of the Town of Bell Town Board’s formal rejection of the CELCP
grant, the Town Board passed a motion to turn the project over to Bayfield County for
County acquisition of the property; and
WHEREAS, this same NOAA CELCP grant will now be awarded to Bayfield County and
will cover up to 50% of the cost of land acquisition; and
WHEREAS, the BRC has successfully raised funds to fully match the remaining 50%
of the cost of land acquisition, which will be applied when the NOAA CELCP grant is officially
awarded to Bayfield County; and
WHEREAS, on March 12, 2018, the Forestry and Parks Committee re-confirmed
support of the Siskiwit River project and subsequent conveyance of land to Bayfield County,
provided that the initial acquisition of the property comes at no out of pocket expense to the
County.
NOW, THEREFORE, BE IT RESOLVED, that the Bayfield County Board of
Supervisors, meeting this 20th day of March, 2018, supports the acquisition of approximately
100 acres of land in the Town of Bell, as part of the Siskiwit River Estuary Preserve Project,
and funded, in full, by monies from the NOAA CELCP grant, and/or similar sources, as well as
private donations received by the BRC; and
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BE IT FURTHER RESOLVED, that Bayfield County will accept full ownership and
management responsibilities of the land, contingent upon acquisition costs being covered, in
full, by others; and
BE IT FURTHER RESOLVED, that Bayfield County will accept and support a
conservation easement on the property, to be held by the BRC (but note that this name will
change due to a merger with another land trust), that will be recorded after conveyance of
said property, at a date to be mutually agreed upon by the County and the BRC, but by no
later than December 31, 2019, unless otherwise agreed upon, in writing, by both Parties; and
BE IT FURTHER RESOLVED, that, when Bayfield County is conveyed ownership of
the land, the property will be managed by the Forestry and Parks Department, recognizing all
applicable grant contracts and the conservation easement, recorded and placed on the
property, and preferably as part of the County Forest, if said property meets the
requirements for enrollment in County Forest Law; and
BE IT FURTHER RESOLVED, that, if the property meets the requirements for
enrollment in County Forest Law, the Forestry and Parks Department shall develop an
application for a Knowles-Nelson Stewardship County Forest Land Acquisition grant,
leveraging the appraised value of said property as the required matching funds; and
BE IT FURTHER RESOLVED, that, when the property is conveyed to Bayfield
County, the County would appreciate some assistance from the BRC, in the form of labor,
financial support, and/or the development of grants or similar aid applications, to help offset
future workloads and/or expenses associated with managing the natural resources of the
property, per the management plan for the Siskiwit River project, as mutually developed by
the County and the BRC, including maintaining and/or creating sustainable public recreational
access; and
BE IT FURTHER RESOLVED, that, when Bayfield County is conveyed ownership of
said land, the Forestry and Parks Department intends to collaborate with the Town of Bell
and the BRC regarding the development and funding of recreational activities on the
property, including, but not limited to, signage, parking areas and trail heads; and
BE IT FURTHER RESOLVED, that the Bayfield County Board of Supervisors hereby
authorizes the Forestry and Parks Administrator and County Administrator to act on behalf
of Bayfield County to: sign documents; take all necessary action(s) required to undertake,
authorize, direct, and complete the Siskiwit River Estuary Preserve Project, including
development and recording of the conservation easement with the BRC; and accept any and all
awarded and/or donated funds, including grants, pertaining to the project, provided said
funds are sufficient to fully cover land acquisition costs.
By Action of the
Bayfield County Board of Supervisors
Dennis M. Pocernich, Chair
A motion was made by Miller/Newago to adopt Bayfield County Resolution No.
2018-21, Supporting Bayfield Regional Conservancy’s (BRC) Siskiwit River Estuary
Preserve Project, Including County Ownership and Management of the Property.
Discussion took place and how this can affect the south side of Port Wing to Bayfield. People
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forget to stop and this may encourage people to stop. Further discussion on the age groups
that use the trails from real young to real old. It was noted that the Swenson’s could have
received much more money but they chose to protect and give back to the area. The topic of
garbage was briefly mentioned. A big “kudos” was given to the Forestry Department for
their time and effort into this project. The motion carried.
3. Bayfield County Resolution No. 2018-22, Authorizing the Application for
Project Funds from the Wisconsin Habitat Partnership Program. Bodine informed the
Board that this is straight forth language every time you enter into an agreement and this
has been done in the past with others. The Board dispensed with the reading of the
Resolution, which reads as follows:
WHEREAS, Bayfield County (hereafter, the County) is interested in obtaining a cost-
share grant from the Wisconsin Department of Natural Resources (hereafter, DNR) for the
purpose of developing and/or maintaining pine barrens communities on Bayfield County Forest
lands located within the Barnes Barrens Management Area; and
WHEREAS, the County attests to the validity and accuracy of the statements and
representations contained within the proposal; and
WHEREAS, an Agreement with the DNR is required to carry out the project.
NOW THEREFORE BE IT RESOLVED, that the Bayfield County Board of
Supervisors, meeting this 20th day of March, 2018, hereby authorizes and empowers the
Forestry and Parks Administrator and/or County Administrator to act on behalf of the
County to:
1. Submit an application to the DNR for financial assistance that may be available;
2. Sign and submit all necessary and required documents;
3. Enter into an Agreement with the DNR;
4. Submit annual and final reports to the DNR to satisfy the Agreement, as
appropriate;
5. Submit reimbursement requests to the DNR as per the Agreement;
6. Sign a public access easement;
7. Sign and submit all other documentation as necessary and/or required to complete
the project as per the Agreement;
BE IT FURTHER RESOLVED, that the County will meet all financial obligations to
fully and satisfactorily complete the project; and
BE IT FURTHER RESOLVED, that the County will comply with all local, state and
federal rules, regulations, and ordinances relating to this project and the cost-share
Agreement.
By Action of the
Bayfield County Board of Supervisors
Dennis M. Pocernich, Chair
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A motion was made by Silbert/Rondeau to adopt Bayfield County Resolution No.
2018-22, Authorizing the Application for Project Funds from the Wisconsin Habitat
Partnership Program. The motion carried.
4. Discussion and Possible Action Regarding Apostle Islands National
Lakeshore Storm Repair and Restoration. Abeles-Allison reported that the Board at its
last meeting wanted this subject to be brought back for further discussion. We have with
us this evening, Bob Krumenaker from the Apostle Islands National Park Service, via
telephone conference. Abeles-Allison stated that there is in the Drop Box a copy of a letter
that was drafted to go to the National Park Service addressing the damage that has taken
place to the docks and buildings on several islands. This is a second letter as one was sent to
the Senators.
Tonight, we are looking for authorization to send this letter on with Pocernich and
Strand signing on behalf of the County Board. A motion was made by Bussey/Crandall
authorize Pocernich and Strand sign and forward on the letter to the Apostle Islands
National Park Service. Discussion that this is just a letter and no money involved.
Discussion also took place that most of the Apostle Islands are located in Ashland County and
that perhaps they should be sending a letter as well. It was also noted, that the National
Park Service Headquarters is located in Bayfield County. The Board stated that they would
like someone to encourage Ashland County to follow Bayfield County’s initiative in sending out
this letter. The motion carried.
5. Bayfield County Amendatory Ordinance No. 2018-02, Creating Chapter 5
to Title 2 of the Bayfield County Code of Ordinances Establishing Cut-Off Times for
Filing and Recording Documents in the Bayfield County Register of Deed’s Office. The
Board dispensed with the reading of the Resolution. Denise Tarasewicz, Bayfield County
Register of Deeds, was present to answer any questions the Board may have regarding this
new Ordinance. Tarasewicz explained that her office presently has an informal policy
regarding filing and recording documents. When electronic recordings and paper documents
come to their office, it is imperative to examine the documents carefully before accepting
them for recording. When documents are received late in the day, it is difficult for staff to
analyze documents and help customers who come in for assistance at the same time. The
State Vital Record System and time restraints for recordings sometimes conflict with our
practice of prioritizing customers at the counter. This has led to the informal policy of
accepting documents at the end of the, but not recording them until the following day.
This Ordinance will establish a cut-off time of 3:00 p.m. for recordings. There will also be a
cut-off time of 1:00 p.m. on the last working day of the year. This will give staff the
opportunity to finish their daily work and help customers coming in for assistance late in the
day. Presently, 3 Register of Deeds’ offices (Sawyer, Washburn, Douglas) in District 6 have
Cut-Off Ordinances in place with another 4 counties (Bayfield, Iron, Polk, Burnett) hoping to
be approved by their respective County Boards.
The Resolution reads as follows:
WHEREAS, Wisconsin Statutes §59.03(2) provides that, except as elsewhere
specifically provided in the statutes, the board of any county is vested with all powers of a
local, legislative and administrative character; and
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WHEREAS, Wisconsin Statutes §59.02(2) permits the enactment of ordinances by
the County Board of Supervisors; and
WHEREAS, Section 2-2-3, Code of Ordinances, Bayfield County, Wisconsin,
authorizes County Board committees or individual supervisors to introduce proposed
ordinances; and
WHEREAS, Wisconsin Statutes §59.02(3)(c) authorizes the County to enact an
ordinance requiring sufficient time in which to complete the processing of documents filed
for recording on the same day they are received by setting cut off times for receipt of
documents. Documents shall be accepted up to the end of the business day, but may be
process the next business day if received after the cut-off time; and
WHEREAS, it is deemed to be in the best interest of the County of Bayfield to
create Chapter 5 to Title 2 of the 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:
Section I. AUTHORITY. This ordinance is adopted pursuant to the authority of Wis.
Stats. §59.20(3)(c).
Section II. PURPOSE. The purpose of this Ordinance is to provide the Register of Deed’s
Office sufficient time in which to complete the processing of documents filed for recording
on the same day they are received by setting cut-off times for receipt of documents.
Documents shall be accepted up to the end of the business day, but may be processed the
next business day if received after the cut-off time.
Section III. TIMES FOR FILING AND RECORDING DOCUMENTS. In order to assure
the complete processing of documents on the same day they are received, the Register of
Deeds must receive a document no later than 3:00 p.m. Additional cut-off times: 1:00 p.m.
on the last working day of the year. Documents received after the cut-off times may be
processed on the next official business day. For all other purposes, the office shall remain
open to the public until 4:00 p.m. on all official business days.
Section IV. REPEAL OF CONFLICTING ORDINANCES. Prior ordinances and resolutions
are repealed to the extent that they conflict with this Ordinance.
Section V. EFFECTIVE DATE. This Ordinance shall take effect and be in full force from
and after its passage.
Section VI. 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.
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Section VII. 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.
Adopted by the Board of Supervisors of the County of Bayfield on the 20th day of March,
2018.
By Action of the
BAYFIELD COUNTY BOARD OF SUPERVISORS
Attested to by:
Dennis M. Pocernich, Chairman
A motion was made by Bussey/Newago to adopt Bayfield County Ordinance No.
2018-02, Creating Chapter 5 to Title 2 of the Bayfield County Code of Ordinances
Establishing Cut-Off Times for Filing and Recording Documents in the Bayfield County
Register of Deed’s Office. Discussion took place on how this is going to affect other
offices. It was explained that it won’t. All offices will remain open until 4:00 p.m. as usual.
It was explained that this is kind of like when you make a deposit at a bank. The time for
your deposit has to be by 3:00 p.m. otherwise it will be put on the next day. This is working
in the same way. Your recording may be brought in any time during the day, but in order for
it to be recorded on the same day, like a deposit, it has to be in their office by 3:00 p.m.
This is a good Ordinance and will give everyone formal notice of the policy. The motion
carried.
Chairman Pocernich stated that the next four items are Resolutions honoring the 4
Board Supervisors who are retiring. This meeting is their last meeting as April 3rd is the
Spring Election and on April 17th the new Board of Supervisors will be sworn in. As
Supervisor Bussey tuned up his banjo, Abeles-Allison handed out paper with a song printed on
it for everyone to sing to the tune of “I’ve been working on the railroad” with new words
relating to the retiring Board Supervisors.
After the song was sung, Chairman Pocernich stated to everyone that 34 years of
experience is leaving with the retirees. s
6. Bayfield County Resolution No. 2018-23, Honoring William D. Bussey upon
his Retirement from the Bayfield County Board of Supervisors. Chairman Pocernich read
the Resolution, which reads as follows:
WHEREAS, William D. Bussey has served Bayfield County with distinction, honor and
dedication as a member of the County Board for eight (8) years; and
WHEREAS, Bill has served on many County Committees including: Aquatic Invasive
Species; Bayfield County Economic Development; Extension; Industrial Development; Land &
Water Conservation; Personnel, Planning & Zoning; and Tourism & Recreation Committees.
NOW, THEREFORE, BE IT RESOLVED, that the Bayfield County Board of
Supervisors assembled this 20th day of March, 2018, honors William D. Bussey for his eight
(8) years of public service to Bayfield County and expresses gratitude for his efforts,
wishing him well in the years ahead.
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By Action of the
BAYFIELD COUNTY BOARD OF SUPERVISORS
Attested to by:
Dennis M. Pocernich, Chairman
A motion was made by Rondeau/Newago to adopt Bayfield County Resolution No.
2018-23, Honoring William D. Bussey upon his Retirement from the Bayfield County
Board of Supervisors. The motion carried.
7. Bayfield County Resolution No. 2018-24, Honoring Shawn Miller upon his
Retirement from the Bayfield County Board of Supervisors. Chairman Pocernich read the
Resolution, which reads as follows:
WHEREAS, Shawn Miller has served Bayfield County with distinction, honor and
dedication as a member of the County Board for twelve (12) years; and
WHEREAS, Shawn has served on many County Committees including: Bad River
Watershed; Bibon Swamp; Development & Land Sales; Executive; Fair & Fencing; Forestry;
and NORTAC, Committees.
NOW, THEREFORE, BE IT RESOLVED, that the Bayfield County Board of
Supervisors assembled this 20th day of March, 2018, honors Shawn Miller for his twelve (12)
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
Attested to by:
Dennis M. Pocernich, Chairman
A motion was made by Rondeau/Maki to adopt Bayfield County Resolution No.
2018-24, Honoring Shawn Miller upon his Retirement from the Bayfield County Board of
Supervisors. The motion carried.
8. Bayfield County Resolution No. 2018-25, Honoring Brian Goodwin upon his
Retirement from the Bayfield County Board of Supervisors. Chairman Pocernich read the
Resolution, which reads as follows:
WHEREAS, Brian Goodwin has served Bayfield County with distinction, honor and
dedication as a member of the County Board for two (2) years; and
WHEREAS, Brian has served on many County Committees including: Bayfield County;
Health; Land Council; NW Community Service; Tribal Study; and UW-Extension Committees.
NOW, THEREFORE, BE IT RESOLVED, that the Bayfield County Board of
Supervisors assembled this 20th day of March, 2018, honors Brian Goodwin for his two (2)
years of public service to Bayfield County and expresses gratitude for his efforts, wishing
him well in the years ahead.
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By Action of the
BAYFIELD COUNTY BOARD OF SUPERVISORS
Attested to by:
Dennis M. Pocernich, Chairman
A motion was made by Newago/Bussey to adopt Bayfield County Resolution No.
2018-25, Honoring Brian Goodwin upon his Retirement from the Bayfield County Board
of Supervisors. The motion carried.
9. Bayfield County Resolution No. 2018-26, Honoring Wayne “Rusty” Williams
upon his Retirement from the Bayfield County Board of Supervisors. Chairman
Pocernich read the Resolution, which reads as follows:
WHEREAS, Wayne “Rusty” Williams has served Bayfield County with distinction, honor
and dedication as a member of the County Board for twelve (12) years; and
WHEREAS, Rusty has served on many County Committees including: Clean Sweep;
Bayfield County Economic Development; Development & Land Sales; Fair & Fencing; Health;
Highway; Dept. of Human Services; Sheriff’s, Emergency Mgmt., Veteran’s Service & Child
Support; Land Conservation, Tourism & Recreation; and Tri-Corridor Committees.
NOW, THEREFORE, BE IT RESOLVED, that the Bayfield County Board of
Supervisors assembled this 20th day of March, 2018, honors Wayne “Rusty” Williams his
twelve (12) 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
Attested to by:
Dennis M. Pocernich, Chairman
A motion was made by Strand/Crandall to adopt Bayfield County Resolution No.
2018-26, Honoring Wayne “Rusty” Williams upon his Retirement from the Bayfield
County Board of Supervisors. The motion carried.
At 7:05 p.m. the Board took time to present plaques to the retirees, take pictures and
enjoy refreshments were served in their honor. The Board reconvened at 7:20 p.m.
10. Bayfield County Resolution No. 2018-27, Amending the 2017 Bayfield
County Planning & Zoning/Board of Adjustment Budget. Abeles-Allison explained and the
Board dispensed with the reading of this Resolution, which reads as follows:
WHEREAS, revenues and expenses exceeded the amounts originally budgeted in the
2017 Planning & Zoning and Board of Adjustment budget; and
WHEREAS, County policy requires that budgets be amended as necessary to reflect
authorization for expenditures and revenues if they will exceed the adopted budget; and
WHEREAS, registration and tuition fees for the Planning and Zoning and legal fees
for the Board of Adjustment exceeded budget; and
WHEREAS, revenues for Planning and Zoning and Board of Adjustment exceeded
budget.
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NOW, THEREFORE, BE IT RESOLVED, that the Bayfield County Board of
Supervisors assembled this 20th day of March, 2018, does hereby authorize the following
budget amendment for the 2017 Planning and Zoning / Board of Adjustment budget as
follows:
Increase Revenue Line 100-26-44401 Zoning Permits & Fees by $5,379.00
Increase Revenue Line 100-26-44403 BOA Fees by 100.00
Increase P & Z Registration Fees/Tuition Line 100-26-56401-50325 by 639.00
Increase BOA Legal Fees Line 100-26-56402-50212 by 4,840.00
By Action of the
BAYFIELD COUNTY BOARD OF SUPERVISORS
Attested to by:
Dennis M. Pocernich, Chairman
It was noted that the Planning & Zoning Committee did not get a chance to approve
prior. A motion was made by Rondeau/Miller to adopt Bayfield County Resolution No.
2018-27, Amending the 2017 Bayfield County Planning & Zoning/Board of Adjustment
Budget. A roll call vote was taken as follows: Bussey-yes; Fickbohm-yes; Maki-yes;
Oswald-yes; Silbert-yes; Pocernich-yes; Strand-yes; Snilsberg-yes; Coughtry-yes;
Miller-yes; Crandall-yes; Rondeau-yes; Newago-yes. Total: 13; 13 yes, 0 no. The
motion carried.
11. Bayfield County Resolution No. 2018-28, Bids for Business Park Road.
Abeles-Allison explained that bids were received for the Business Park Road and Ritola, Inc.
was the successful bidder. The Board dispensed with the reading of the Resolution, which
reads as follows:
WHEREAS, Bayfield County authorized engineering for the Bayfield County Business
Park Road in 2017; and
WHEREAS, Bayfield County appropriated $250,000 toward the project in the 2018
budget; and
WHEREAS, it is Bayfield County’s goal of completing the entire road project as quickly
as possible; and
WHEREAS, the project was divided into a base bid with four alternatives; and
WHEREAS, five bids for the project were received; and
WHEREAS, the county has sufficient funds to proceed with the base bid portion of
the project; and
WHEREAS, the county is applying for grants to pay for a portion of Alternative A and
Alternative C; and
WHEREAS, the Bayfield County Executive Committee has recommended approval of
the base bid submitted by Ritola, Inc in the amount of $246,410.58.
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NOW THEREFORE BE IT RESOLVED, that the Bayfield County Board of
Supervisors assembled this 20th day of March, 2018, does hereby authorize that the bid of
Ritola Inc, in the amount of $246,410.58 be approved for the base bid which includes 2000
linear feet of the project provided the contractor agrees to honor all bid prices, including
alternatives, in the 2018 year; and
NOW THEREFORE BE IT FURTHER RESOLVED that if additional grant funds are
received that these be put toward a portion of Alternate A on the main road and Alternate C,
the Spur Road.
BE IT FURTHER RESOLVED that the Bayfield County Administrator and County
Clerk be authorized to execute contracts and documents to go forward with the Road
Construction Project with county funds available and supplemental grants that may become
available.
By Action of the
BAYFIELD COUNTY BOARD OF SUPERVISORS
Attested to by:
Dennis M. Pocernich, Chairman
A motion was made by Newago/Rondeau to adopt Bayfield County Resolution No.
28, Bids for Business Park Road. Discussion took place on the base bid. The motion
carried.
12. Discussion and Possible Action Regarding Reimbursement to Court Appointed
Attorneys. Judge Anderson was present to speak to the Board regarding this topic.
Presently, a consideration of Rule Petition 17-06 filed on May 25, 2017 by John A. Birdsall
and Henry R. Schultz, on behalf of the Wisconsin Association of Criminal Defense Lawyers,
the Wisconsin of Justice, and a number of individuals. The purpose of the petition is to
increase the hourly rate of compensation for court appointed lawyers from $70 to $100,
indexing future compensation rates to annual cost of living increases and specifying that the
payment of an hourly rate less than the rate set forth in SCR 81.02 for legal services
rendered pursuant to appointment by the State Public Defender under Wis.Stat §977.08 is
unreasonable. **Note: a copy of the petition can be found on the Court’s website at
https://wicourts.gov/scrules/pending.htm**
As the Judge further explained when he has to appoint a public defender to a case,
many of the attorneys simply will not take the cases at the rates now in effect. The real
issue at hand is that the State has not increased their fees since 1989. Presently, people are
sitting 4 to 6 weeks in jail because a Public Defender will not take their case and this is
against their constitutional rights.
Discussion took place on what the criteria for a Public Defender would be. The Judge
explained that there are income guidelines and it doesn’t take much to go over the dollar
amount. If a client meets the Federal poverty guidelines, then the Judge appoints legal
counsel for them. It doesn’t take much to go over dollar amount.
The Public Defender’s office will now have 4 people in the office, which is significantly
more than it has been but they are still farming out cases because of the work overload.
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Abeles-Allison has drafted an advisory note which could be sent to the Supreme
Court.
A motion was made by Silbert/Rondeau to send an advisory note to the Supreme
Court as follows:
Bayfield County supports Rule Petition 17-06 proposing an increase in hourly
compensation for court appointed lawyers from $70 to $100 and indexing future
compensation rates to annual cost of living increases; and
It is difficult for Bayfield County to find court appointed attorneys for the $60 out
of court and $70/hour in court rate; and
Bayfield County has gone over budget on court appointed attorney line items the past
several years; and
The lower rate restricts the County’s ability to bill for / go through collections on
outstanding attorney fees and limits it to the $60/$70 rate even though we are spending
considerably more; and
Bayfield County supports the $100 per hour rate together with annual indexing.
The motion carried.
Judge Anderson also asked that this topic be put on the Executive Committee Agenda
to discuss with them as well.
13. Bayfield County Resolution No. 2018-30, Authorizing Lump Sum Payment
for Employees At Step 11 of the Wage Scale for 2 Years or More. The Board
dispensed with the reading of the Resolution. Abeles-Allison informed the Board that this
has been discussed for the past few months at the Personnel Committee. The issue involves
our wage schedule and what happens when someone reaches the top / 11th Step. Someone who
is at the top step for more than one year receives whatever indexing the County grants, that
moves the overall wage schedule up at the beginning of each year.
Over the past three years we have indexed the wage schedule by .5%. Several have
noted that this is less than the consumer price index. For example, in 2017 the CPI in
January was 1.84%. The committee heard presentations that those at the 11th step for
multiple years should receive a CPI indexing in order to not fall behind. The attached
resolution highlights / summarizes the issues.
In addition, I have noted some concerns expressed:
1. Our pay plan is robust allowing for 2.5% annual increases for employees with 11 steps.
2. Our pay plan added 5% to the median
3. Our pay plan goes above the median. Some other plans stop at the median.
4. It is important that we remain competitive with our pay plan. Attracting employees is
more difficult now than ever before.
5. We don’t want to lose experienced employees after they have reached the top step.
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6. There will be administrative challenges with this pay plan. Tracking will be difficult
and involve additional time.
7. The number of employees impacted will grow dramatically in the years ahead.
The Resolution reads as follows:
WHEREAS, Bayfield County established a wage schedule for county general
employees; and
WHEREAS, the wage schedule was approved by the full county board and
implemented in 2016; and
WHEREAS, the County Board has indexed the wage schedule annually by .5%; and
WHEREAS, the cost of living (CPI-U), as determined by the WI Department of
Revenue, effective January 1, 2016 and January 1, 2017 were .68% and 1.84% respectively;
and
WHEREAS, employees at step 11 (last step of the wage scale) have received a wage
increase of .5% in 2017 and 2018, which is less than the cost of living adjustment; and
WHEREAS, the Personnel Committee has recommended that employees at the 11th
step of the wage scale for two or more years should receive a lump sum payment for the
difference between the wage scale indexing and the State of Wisconsin CPI-U calculation for
January of each year for just the years 2017 and 2018; and
WHEREAS, the cost of these adjustments is approximately $121 in 2017 and $2,708
in 2018 plus an additional 14% for taxes and retirement.
NOW THEREFORE BE IT RESOLVED, that the Bayfield County Board of
Supervisors assembled this 20th day of March, 2018, does hereby authorize that employees
at step 11 for their second year or more in 2017 and 2018 will receive a lump sum payment at
the end of the year, or a pro-rated portion if they leave employment during the year in the
amount of the .18% in 2017 and 1.34% in 2018; and
BE IT FURTHER RESOLVED that these payments are only for the 2017 and 2018
years; and
BE IT FURTHER RESOLVED that the Personnel Committee will evaluate this annually
in the future; and
BE IT FURTHER RESOLVED that the Personnel Committee and County Administrator
will work out details as required.
By Action of the
BAYFIELD COUNTY BOARD OF SUPERVISORS
Attested to by:
Dennis M. Pocernich, Chairman
A motion was made by Bussey/Fickbohm to adopt Bayfield County Resolution No.
2018-30, Authorizing Lump Sum Payment for Employees At Step 11 of the Wage Scale
for 2 Years or More, correcting the years in the WHEREAS CLAUSE. Discussion took
place as to what do you do after 11 steps. The Personnel Committee has approved this for 2
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years, 2017 & 2018. Discussion also took place on why increases were given in the first place.
This issue was brought to the Executive Committee by the Highway Department due to
positions in that office where employees are at the Stage 11. A lengthy discussion took place
on the entire subject. A roll call vote was taken as follows: A roll call vote was taken as
follows: Fickbohm-yes; Maki-no; Oswald-yes; Silbert-yes; Pocernich-yes; Strand-yes;
Snilsberg-yes; Coughtry-yes; Miller-no; Crandall-yes; Rondeau-yes; Newago-no;
Bussey-yes. Total: 13; 10 yes, 3 no. The motion carried.
14. A motion was made by Maki/Crandall to move in and out of
Executive/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 allowing for Scottie Sandstrom, Bayfield County Economic Director to remain
in closed session: A motion was made by Maki/Newago to pass this topic back to the
Executive Committee to meet on and then to bring back to the County Board with their
recommendation. The motion carried with 2 oppositions
A motion was made by Maki/Oswald to move out of Executive/Closed Session.
The motion carried.
15. Bayfield County Resolution No. 2018-29, Authorizing the Submission of a
Wisconsin Department of Transportation Facilities for Economic Assistance (TEA) Grant
Application. Abeles-Allison explained that this Resolution is for making application to the
Department of Transportation TEA Program and authority is granted to the Bayfield County
Administrator to take the necessary steps to prepare and file the appropriate application for
funds. The Board dispensed with the reading of the Resolution, which reads as follows:
WHEREAS, Bayfield County, KV Tech Construction and World Class Manufacturing
have mutually agreed to develop a site and business to construct its Construction Business;
and
WHEREAS, the agreement between Bayfield County, KV Tech Construction, and
World Class Manufacturing provides for construction of a Business Park Road project to
make the project feasible; and
WHEREAS, given all the financial demand on Bayfield County related to this project
Bayfield County is in need of assistance to make the transportation improvements. Without
the grant assistance, Bayfield County cannot reasonably afford to construct the required
improvements; and
WHEREAS, the State of Wisconsin Department of Transportation’s Facilities
Transportation Economic Assistance (TEA) program provides financial assistance to
municipalities to develop transportation facilities required to enable industrial development
to occur.
NOW, THEREFORE, BE IT RESOLVED THAT, the Bayfield County Board of
Supervisors assembled this 20th day of March, 2018, hereby authorizes the submission of an
application to the Department of Transportation TEA program and authority is granted to
the Bayfield County Administrator to take the necessary steps to prepare and file the
appropriate application for funds under this program in accordance with this resolution and
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that they are hereby authorized to sign all necessary documents on behalf of Bayfield County;
and
BE IF FURTHER RESOLVED, that Bayfield County does hereby commit to fund at least
50% of the cost of the Business Park Road improvements from Bayfield County and/or other
sources; and
BE IT FURTHER RESOLVED, that Bayfield County will have jurisdictional responsibility
for the transportation improvements; and
BE IT FUTHER RESOLVED, that, Bayfield County will sign a Jobs Guarantee with the
Wisconsin Department of Transportation; and
BE IT FURTHER RESOLVED, that Bayfield County will administer and oversee the
development of the transportation improvement; and
BE IT FURTHER RESOLVED, that Bayfield County will comply with all applicable Federal,
State, and Local regulations.
By Action of the
BAYFIELD COUNTY BOARD OF SUPERVISORS
Attested to by:
Dennis M. Pocernich, Chairman
A motion was made by Maki/Rondeau to adopt Bayfield County Resolution No. 2018-
29, Authorizing the Submission of a Wisconsin Department of Transportation Facilities for
Economic Assistance (TEA) Grant Application. The motion carried.
16. Bayfield County Resolution No. 2018-19, Authorizing the Submission of a
Community Development Block Grant (CDBG). This was placed on this agenda per last meeting’s
direction. This will be put on April’s agenda for discussion.
17. Administrator’s Report:
a) Future County Board Meeting Dates:
✓ April 17th - 9:00 a.m. to 1:00 p.m.;
✓ May 29th – Meeting to be held in Drummond at 5:00 p.m. Location will come
later; June 26th;
b) Committee Reports, Meeting Dates, Members. Pocernich went on record
thanking the retiring Supervisors for their service to Bayfield County.
c) Committee Assignments;
18. Supervisors’ Reports: None
19. Future Agenda Items: None other than those previously stated here in the
minutes.
There being no further business to come before the Bayfield County Board of Supervisors,
Chairman Pocernich adjourned the meeting at 8:30 p.m.
Respectfully submitted,
Scott S. Fibert,
Bayfield County Clerk
SSF/dmb