HomeMy WebLinkAboutCounty Board of Supervisors - Minutes - 5/29/2018127
Minutes of the
Bayfield County Board of Supervisors’ Meeting
May 29, 2018 – 5:00 p.m.
Drummond Civic Center, 52540 Front Ave., Drummond, WI 54832
The Bayfield County Board of Supervisors was called to order at 5:00 pm by Bayfield
County Chairman, Dennis Pocernich. A roll call was taken as follows: Newago-present;
Thomas J. Gordon-present; Larry Fickbohm-present; Harold A. Maki-present; Jeremy
Oswald-present; Jeffrey Silbert-present; Dennis M. Pocernich-present; Fred Strand-
present; Thomas Snilsberg-present; Marty Milanowski-present; David A. Zepczyk-present;
James A. Crandall-present; Brett T. Rondeau-present. Total 13: 13 present and a quorum
was present to conduct business.
The following were also present for today’s meeting: County Clerk-Scott Fibert;
County Administrator, Mark Abeles-Allison; Assistant to the County Administrator-Kristine
Kavajecz; UW Extension Educator-Kellie Pederson; Emergency Management Director-Jan
Victorson; UW Extension Director-Mary Pardee; Sheriff Paul Susienka; Public Health
Director-Sara Wartman; Corporation Counsel-Linda Coleman
3. Pledge of Allegiance; The Pledge of Allegiance was recited by all in attendance
4. Welcome and Opening Remarks: Pocernich and Abeles-Allison welcomed everyone and
explained that the county board provides the guidance, through the budget, on priorities to
be observed in the coming year and provided a brief overview of the agenda for the budget
planning portion of the meeting.
5. Thank you to the Town of Drummond for Hosting May Bayfield County Board of
Supervisors’ Meeting; Jim Crandall and the Town of Drummond were thanked for hosting
this meeting.
6. Bayfield County Finances and Trends, Mark Abeles-Allison: A summary of budgeted
expenses, revenues, equalized value, levy and fund balances was reviewed from 1985-2017.
County Levy has increased from $1.6 million in 1985 to $9.7 million in 2018. Highest valuation
was observed in 2010. A chart was reviewed, which compared the levy and mill rate trends.
A similar chart was reviewed which compared the levy and equalized value. Pocernich pointed
out that this is only the county mill rate/taxes, it does not include other taxes such as
towns, schools and state. Sheriff, Human Services and Highways make up about 83% of the
levy with the remaining 17% being utilized by the other 20 departments. County mill levy
represented approximately 25% of total taxes in 2017. Various sources of income were
discussed. End of 2017, Fund balance was approximately $16 million. This amount includes
both committed and undesignated funds. Approximately $6 million of this is undesignated.
Highway Department Fund Balance was reviewed. County debt limit figures were reviewed.
Payroll and Benefits trend was reviewed. Timber Sale Revenue trend was reviewed. The
trend has leveled off, with a projected slight decline.
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6. 2018 County Budget Survey Results and Discussion, Kellie Pederson: Kellie
Pederson was hired as the UW Extension Community Resource Educator. Kellie reviewed a
summary of results from the annual budget survey. 193 public and 11 county board
responses were received. A summary of comments received from the public was handed
out to each county board supervisor.
7. 2019 Strategic Planning Synthesis – Mark Abeles-Allison: Departments have
been working on their strategic plans for the next 10 years. Trends identified by
departments included: aging population, increased technology demands, increased needs
for elderly services. Critical issues included: Shortage in DA office, human services space
issues, keeping up with technology, drug addiction impact, and several others. Jail
programming and mental health impact. IT, Staffing, Senior Services and Jail Services
were the 4 top concern areas.
8. County Board Budget Priorities for 2019 – Kellie Pederson, Mark Abeles-Allison
9. 2019 Levy Discussion – Mark Abeles-Allison: The levy freeze remains in place,
plus any increase in net new construction. Exceptions to the levy lid include: Bridge Aide,
Libraries and Debt Service. The state also allowed a one-time exception for the flood-
related expenses.
10. Budget Calendar, Wrap-Up, Discussion and Possible Action Regarding 2019
Budget – Mark Abeles-Allison, County Administrator and Dennis Pocernich, Chair; Motion
Rondeau, Gordon to levy the maximum amount possible. (Motion Carried 12-1) Maki
opposed.
The Regular Monthly Meeting of the Board of Supervisors was Convened at 6:00pm
1. Motion Regarding Minutes of February 27th, March 20th, and April
17th, 2018 Bayfield County Board of Supervisors’ Meetings;
Motion Oswald, Fickbohm to approve minutes of the February 27, 2018 meeting. Motion
Carried (12-1) Maki Opposed.
Motion Newago, Crandall to approve the minutes of the March 20, 2018 meeting. Motion
Carried (13-0)
Motion Rondeau, Newago to approve the minutes of the April 17, 2018 meeting. Motion
Carried (13-0)
2. Public Comment – Limited to 3 minutes per person: None Received.
3. Be Somebody – June 4th - Jan Victorson, Emergency Mgmt. Coordinator:
Victorson provided handouts to the board members including an invitation to the “Be
Somebody” event and maps depicting coverage areas for each Fire and EMS Service
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Provider. Great Divide Ambulance Service covers and area larger than 5 counties in WI.
There are 15 fire departments (14 are volunteer) in the county and 9 ambulance services (7
are volunteer services). Victorson read an article related to the importance of volunteer
services. “Be Somebody” will take place on June 9th. Comment was received from a supervisor
that state and federal regulations are making it unattractive to become a fire or ems
volunteer. One supervisor asked how many towns participate in the LOSA program
(retirement match for volunteer services). Victorson read a story which provided an
example of an EMS “Thank-You”.
4. Bayfield County Resolution No. 2018-34, Honoring Rachel Coughtry for her years
of Dedicated Service on the Bayfield County Board of Supervisors; Motion Crandall,
Silbert to approve resolution 2018-34 honoring Rachel Coughtry. Motion Carried (13-
0)
5. Bayfield County Resolution No. 2018-35, Honoring Heidi Danielson upon her
Retirement from the Bayfield County Sheriff’s Department; Motion Rondeau, Gordon to
approve resolution 2018-35 honoring Heidi Danielson. Motion Carried (13-0)
6. Bayfield County Resolution No. 2018-36, Honoring Jim Zifko upon his Retirement
from the Bayfield County Highway Department; Motion Maki, Rondeau to approve
resolution 2018-36 honoring Jim Zifko. Motion Carried (13-0)
7. Bayfield County Resolution No. 2018-37, Honoring Thomas Toepfer upon his
Retirement from the Bayfield County Highway Department; Motion Silbert, Rondeau to
approve resolution 2018-37 honoring Thomas Toepfer. Motion Carried (13-0)
8. UW-Extension Annual Report – Mary Pardee, UW-Ext. : Pardee provided a handout
of the 2017 annual report to all board members and reviewed the highlights of the report.
Pardee expressed thanks for the support that Bayfield County provides to ensure that the
programming continues.
Motion Rondeau, Crandall to receive the UW Extension Annual Report and place it on
file. Motion Carried (13-0). Silbert stated that he would like the county’s appreciation
noted on the record.
9. Bayfield County Resolution No. 2018-47, State Statute Telecommuter Forward!
Certificate – Scottie Sandstrom, BCEDC Director and Leo Carlson, Norvado: Sandstrom
explained that this legislation is a tool for job creation. Broadband availability allows citizens
to relocate to the Bayfield County area and work from home. Any county, city, village or
town is eligible for the Telecommuter Forward Certification. Sandstrom is willing to serve
as Bayfield County’s Point of Contact for this Program under Wisconsin Act 342. If
approved tonight, Bayfield County will be the first county in the state to be certified.
Leo Carlson with Norvado explained that they are enthusiastic about the Telecommuter
Forward Certification and the possibilities for Bayfield County.
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Motion Newago, Crandall to adopt resolution 2018-47 authorizing Telecommuter
Foreward Certification. Discussion regarding the difference between fiber and broadband,
which is essentially the speed and method of transmission. Motion Carried (13-0)
10. Report of the Bayfield County Planning & Zoning Committee Regarding the Rezone
of the Sherwood/Monroe Property Located in Bayfield – Robert Schierman, Zoning
Director; Located inside Highway J loop, targeted for residential development in the
Bayfield Land Use Plan. Town of Bayfield recommends for approval. County Motion Rondeau,
Gordon to receive the report and place it on file. Motion Carried (13-0).
11. Bayfield County Amendatory Ordinance No. 2018-06, Regarding the Rezone of
the Sherwood/Monroe Property Located in Bayfield - Robert Schierman, Zoning
Director; Motion Gordon, Rondeau to adopt ordinance 2018-06. Motion Carried (13-0)
12. Report of the Bayfield County Planning and Zoning Committee Regarding
Amendatory Ordinance No. 2018-08, MUD/Non-Conforming Classification List- Robert
Schierman, Zoning Director: This item was tabled until after the closed session.
13. Bayfield County Amendatory Ordinance No. 2018-08, Multiple Unit
Development/Non-Conforming Classification List – Robert Schierman, Zoning Director;
This item was tabled until after the closed session
14. Bayfield County Resolution No. 2018-38, Authorizing Participation in Outdoor
Recreation and Stewardship Local Assistance Grant Programs;: Motion Strand, Newago
to approve resolution 2018-38. Motion Carried (13-0)
15. Bayfield County Resolution No. 2018-39, Authorizing an Agreement with T-
Mobile for Leased Space on the Port Wing Tower; Abeles-Allison explained that the tower
in Port Wing is owned by the County, but is located on leased land. AT&T is currently located
on the tower. Corporation Counsel and the County Executive Committee have approved a
lease with T-Mobile for location on the tower. Motion Rondeau, Fickbohm to adopt
resolution 2018-39 authorizing an agreement with T-Moble. Discussion regarding
requiring the company to remove their equipment if the lease is terminated. Discussion
regarding what towers the county owns. Motion Carried (13-0)
16. Bayfield County Resolution No. 2018-40, Bayfield County 2018 Highway
Department Budget Amendment to Fund Resurfacing of an Additional 2-Miles of County
Highway; Abeles-Allison explained that funding for 6 miles of resurfacing of County Highway
N was originally approved in the 2018 budget. Earlier in the year, the county took over 2
miles of County Highway Y and resurfaced it. The funding had originally been planned for
County Highway N. The additional funding being requested will be used to complete the 6
miles of N originally planned to be resurfaced. Motion Maki, Zepczyk for approve
resolution 2018-40. Roll Call Vote: Newago-yes; Gordon-yes; Fickbohm-yes; Maki-
yes; Oswald-yes; Silbert-yes; Pocernich-yes; Strand-yes; Snilsberg-yes; Milanowski-
yes; Zepczyk-yes; Crandall-yes; Rondeau-yes. Motion Carried (13-0)
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17. Bayfield County Resolution No. 2018-41, 2018 Highway Department Budget
Amendment for the Purchase of a 2013 John Deere 772G Motor Grader; Abeles-Allison
explained that the Highway Department had planned to purchase a grader in 2019. An
affordable used grader was identified for purchase in 2018, which requires an agreement
to purchase the equipment and a down payment of $10,000. This budget amendment
authorizes expenditure for the equipment even though the purchase will not be made until
2019. The commitment is made in 2018, so the funds need to be approved. Motion Rondeau,
Milanowski to adopt resolution 2018-41. Roll Call Vote: Newago-yes; Gordon-yes;
Fickbohm-yes; Maki-yes; Oswald-yes; Silbert-yes; Pocernich-yes; Strand-yes;
Snilsberg-yes; Milanowski-yes; Zepczyk-yes; Crandall-yes; Rondeau-yes. Motion
Carried (13-0)
18. Bayfield County Resolution No. 2018-42, Request to Amend the UW-Extension
292 Budget; Motion Silbert, Gordon to approve resolution 2018-42. Motion Carried
(13-0)
19. WCA Platform Resolutions: Discussion took place on whether to review/approve
these resolutions now, in their draft format, or wait until the next county Board meeting.
Motion Rondeau, Silbert to authorize the County Administrator and Supervisor Silbert
to finalize the resolutions and distribute to the board members for final input. The
Administrator is authorized to forward the revised resolutions to WCA unless there are
any significant substance changes resulting in concern by any board member, in which
case, the resolution must come back to the board. Motion Carried (13-0). Resolutions
Included:
a) Bayfield County Resolution No. 2018-43, WCA Platform Resolution to Request
an Increase in Wisconsin’s Medicaid Rates – Elizabeth Skulan, DHS Director;
b) Bayfield County Resolution No. 2018-45, Action to Address the Mental Health
Epidemic in County Jails
c) Bayfield County Resolution No. 2018-46, Emergency Medical Response: A Rural
Crisis
d) Bayfield County Resolution, No. 2018-49 Supporting Additional Funding for
Assistant District Attorneys.
e) Bayfield County Resolution, No 2018-50, Supporting Increased Payments to
Towns with County Forests.
f) Bayfield County Resolution, No. 2018-51, Supporting Increased Payments to
Court Appointed Attorneys and Public Defenders by the State of Wisconsin
to address current shortage and delays caused by the shortage.
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20. Bayfield County Resolution No. 2018-44, Forestry & Parks Dept. Siskiwit River
Estuary Preserve Project 2018 Budget Amendment – Jason Bodin, Forest Administrator;
Motion Gordon, Fickbohm to adopt resolution 2018-44. Roll Call Vote: Newago-unavailable;
Gordon-yes; Fickbohm-yes; Maki-yes; Oswald-yes; Silbert-yes; Pocernich-yes;
Strand-yes; Snilsberg-yes; Milanowski-yes; Zepczyk-yes; Crandall-yes; Rondeau-yes.
Motion Carried (12-0-1) Newago unavailable.
21. Bayfield County Resolution No. 2018-48, Budget Amendment Authorizing Various
Energy Improvements Related to the Focus on Energy Retro-Commissioning Project;
Abeles-Allison explained that Focus on Energy conducted an energy audit in 2017 resulting
in several recommendations for energy improvements. Motion Gordon, Rondeau to approve
resolution 2018-48. Roll Call Vote: Newago-yes; Gordon-yes; Fickbohm-yes; Maki-yes;
Oswald-yes; Silbert-yes; Pocernich-yes; Strand-yes; Snilsberg-yes; Milanowski-yes;
Zepczyk-yes; Crandall-yes; Rondeau-yes. Motion Carried (13-0)
22. Discussion and Possible Action on Memorandum of Understanding - Revised
Ice/Water Rescue/Recovery Agreement; This is a revised version of an agreement already
approved by this body. The City of Ashland requested a revision that the county will make
an annual $5,000 contribution for rescue/recovery services. Motion Silberg, Oswald to
approve the revised MOU. Discussion regarding whether the MOU includes
rescue/recovery for situations other than those involving human beings. After review of the
MOU, consensus of the Board was that the MOU is not restricted to human beings only.
Comment from Maki that there are several other local entities that also provide this service.
Motion Carried (12-1 with Maki opposed.)
23. Citizen Appointment to the Human Services Board; Motion Gordon, Crandall to
approve appointment of Susan Rose’ to the Human Services Board. Crandall provided
some background on the appointment. Motion Carried (13-0)
24. Discussion and Possible Action on CBR Group Buy Solar Projects, County Forestry
Garage and Mason Highway Garage: Funding for these projects is in the 2018 budget,
however, the board requested that all projects to be funded be brought to the board for
approval first.
Motion Crandall, Fickbohm to approve the group buy solar projects for the county
forestry garage and mason highway garage projects. Motion Carried (13-0).
25. Resolution No. 2018-52 Authorizing Bayfield County DOT BUILD grant: Motion
Rondeau, Gordon to approve resolution 2018-52. Discussion regarding the county’s share
of the project which is anticipated to be about 20% of the grant, potentially $800,000. The
road is in need of repair. Making it an all season road would facilitate lower maintenance
costs in the future. Funds could come from the county’s annual highway reconstruction
budget. Grant determination will not be known until December. Motion Carried (13-0)
Newago exited the meeting at 7:34pm.
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26. The Bayfield County Board of Supervisors may entertain a motion to move in and
out of Executive/Closed Session Motion Gordon, Rondeau to enter into closed session
pursuant to §19.85(1)(c), considering employment, promotion, compensation or
performance evaluation data of any public employee over which the governmental body
has jurisdiction or exercises responsibility; and §19.85(1)(g), conferring with legal
counsel for the governmental body who is rendering oral or written advice concerning
strategy to be adopted by the body with respect to litigation in which it is or is likely
to become involved for the following items:
a) Motion to Adopt Closed Session Minutes of the Bayfield County Board of
Supervisors’ Meetings held on February 27th, March 20th, and April 17th,
2018;
b) Discussion Regarding Stolz Farm Law Suit – Linda Coleman, Corporation
Counsel;
c) Discussion regarding Multiple Unit Development / Non-Conforming
Classification List – Linda Coleman, Corporation Counsel
d) Discussion Regarding Bayfield County Amendatory Ordinance No. 2018-10
Regarding Cervid Moratorium – Linda Coleman, Corporation Counsel
e) Discussion Regarding Bayfield County Amendatory Ordinance No. 2018-
09, South Fish Creek Watershed Animal Waste Storage and Management
Ordinance – Linda Coleman, Corporation Counsel
f) Discussion Regarding Appointment of Bayfield County Highway
Commissioner;
The motion also authorized Schierman, Susienka and Coleman to remain in the closed
session. Motion Carried (12-0). Entered closed session at 7:35pm.
a. Motion to Adopt Closed Session Minutes of the Bayfield County Board of
Supervisors’ Meetings held on February 27th, March 20th, and April 17th,
2018; Motion Maki, Milanowski to approve closed session minutes of
February 27, March 20 and April 17, 2018. Motion Carried (12-0)
b. Discussion Regarding Stolz Farm Law Suit – Linda Coleman, Corporation
Counsel; Coleman reported that Stolz’ applied for a permit to operate a game
farm, which was denied. At the time that they applied, the county ordinance
was not clear on what animals were considered livestock. At that time, on the
portion of the property zoned as Ag-1, it could be argued that there were no
restrictions on raising deer as livestock. All of the Ag-1 and F-1 property was
fenced by Stolz. Stolz’ were notified that they could not have the animals on
the F-1 property. Since that time, the county ordinance was revised to not
allow deer/game farms on Ag-1. DNR authorized the original fence. It was
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learned that the property owner has another deer farm in the state and that
farm had animals known to have CWD. Stolz has hired an attorney, State
Representative Jarchow. Verbal communication from Jarchow is that the
Stolz’ may agree to restrict the animals to only the Ag-1 property and
potentially some additional safety measures. Stolz’ are likely to challenge a
moratorium if the county were to enact one. Both of the Stolz’ properties are
currently under quarantine by the state, not allowing movement of deer to or
from either property. There were originally 24 deer on the property, 16 have
been eliminated, 3 found dead, 5 remain unaccounted for. The fine could be
$10-$500/day for the zoning violation with the judge to determine the
amount within those parameters. Game Farms can be allowed in F-1 with a
Special Use Permit.
Suggestions made by committee members to propose to Stolz’: Removal of
fence from F-1 (after inspection to ensure all deer are accounted for), double
fence on Ag-1 to prevent nose to nose contact with the wild deer population,
elimination of the fine, restrict the number of animals allowed on the Ag-1
(density to be established), inspection of the property and removal of the
fence in winter when all unaccounted for animals can be accounted for and
abide by moratorium if enacted.
c) Discussion regarding Multiple Unit Development / Non-Conforming
Classification List – Linda Coleman, Corporation Counsel.: Schierman stated
that a proposed ordinance amendment is being considered tonight that would
restrict game farms in specific zoning classifications. Coleman stated that the
county would need to have justification for having different restrictions for
Ag 2 -vs- Ag 1 zoning classifications. Ag 2 would be for a large scale operation.
d) Discussion Regarding Bayfield County Amendatory Ordinance No. 2018-10
Regarding Cervid Moratorium – Linda Coleman, Corporation Counsel;
Moratorium is being considered for 1 year, with possibility of extending for
an additional year. A committee would be formed to look at communicable
diseases in the cervid population during the moratorium. A moratorium would
likely be challenged by the Stolz’. Zoning Committee voted unanimously to
support the moratorium. Strand proposed that one member of the cervid
moratorium study committee be a member of the Great Lakes Indian Fish and
Wildlife Commission. The moratorium would also be amended to remove the
restriction on any game farm.
e) Discussion Regarding Bayfield County Amendatory Ordinance No. 2018-
09, South Fish Creek Watershed Animal Waste Storage and Management
Ordinance – Linda Coleman, Corporation Counsel; The ordinance is proposed
to be amended to remove the phosphorus language. The ordinance may also
need to have a section added to prevent winter spreading, with a definition of
winter spreading/frozen or snow-covered ground. State definition could be
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utilized. Fischbach is working on the justification document to go along with
the ordinance amendment.
f) Discussion Regarding Appointment of Bayfield County Highway
Commissioner; Toepfer retired on May 14th. Selection Committee consisted of
2 Highway Committee members, 2 department heads and the County
Administrator. The committee recommends appointment of Paul Johanik as
Highway Commissioner.
Motion Crandall, Gordon to return to open session. Motion Carried (12-0) Returned to
open session at 8:43pm
Consensus of the committee is to discuss items 12 & 13 on the agenda:
Item 12. Report of the Bayfield County Planning and Zoning Committee Regarding
Amendatory Ordinance No. 2018-08, MUD/Non-Conforming Classification List- Robert
Schierman, Zoning Director: Motion Rondeau, Gordon to receive and place the report
on file. Motion Carried (12-0)
Item 13. Bayfield County Amendatory Ordinance No. 2018-08, Multiple Unit
Development/Non-Conforming Classification List – Robert Schierman, Zoning Director;
Motion Strand, Crandall to approve Ordinance 2018-08 with modification to section 3,
allowing game farms only in Ag-2 with a conditional use permit. Delete A-1, F-1, F-
2 in section 3. Motion Carried (12-0)
27. Report of the Bayfield County Planning and Zoning Committee regarding
Amendatory Ordinance No. 2018-10 regarding Cervid Moratorium – Robert Schierman,
Zoning Director. Motion Rondeau, Oswald to receive and place the report on file. Motion
Carried (12-0)
28. Bayfield County Amendatory Ordinance No. 2018-10, Regarding Cervid
Moratorium – Robert Schierman, Zoning Director; Motion Strand, Silbert to approve
ordinance 2018-10 with the following modifications: delete all wording that would place
a moratiorium on the permitting of new game farms housing cervids and modify 13-1-
62(e) Study Committee by adding one representative from the Great Lakes Indian Fish
and Wildlife Commission. Motion Carried (12-0)
29. Bayfield County Amendatory Ordinance No. 2018-09, Revised South Fish Creek
Watershed Animal Waste Storage and Management Ordinance – Linda Coleman,
Corporation Counsel; Motion Strand, Rondeau to approve ordinance 2018-09 as
discussed by adding a separate section to disallow winter spreading with the state
definition of winter spreading. Discussion regarding provisions in the ordinance. Coleman
will share the revised document with the Board. Motion Carried (12-0)
30. Appointment and Confirmation of Bayfield County Highway Commissioner; Motion
by Maki, Gordon to confirm the nomination of Paul Johanik to the position of Highway
Commissioner for the specified term. Motion Carried (12-0)
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31. Administrator’s Report:
a) Future County Board Meeting Dates:
✓ June 26th; July 31st; Aug. 28th;
b) Committee Reports, Meeting Dates, Members; Oswald reported that the
Sheriff’s Committee toured the Jail at the last meeting. If any board members wish
to tour the jail, ride along with a deputy, or sit in the dispatch center, they are
welcome to.
c) County Picnic, Wed., June 20th; Human Services, Zoning, Land Conservation,
Veterans Offices are hosting.
Crandall was thanked for coordinating the meeting at the Drummond location.
32. Supervisors’ Reports: None
33. Future Agenda Items; None Noted
There being no further business to come before the Bayfield County Board of Supervisors,
Chair Pocernich adjourned the meeting at 9:04p.m.
Respectfully submitted,
Scott S. Fibert,
Bayfield County Clerk
SSF/kak