HomeMy WebLinkAboutCounty Board of Supervisors - Minutes - 11/12/2019
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Bayfield County Clerk
Scott S. Fibert, County Clerk
Kim Mattson, Accountant Jeran Rekemeyer, Deputy Clerk
Gail M. Reha, Bookkeeper Allison Radke, Clerk III
Ph: 715.373.6100 ● Fx: 715.373.6153 ● Email: sfibert@bayfieldcounty.org ● 117 E. Fifth Street, PO Box 878, Washburn, WI 54891
Draft Minutes of the:
Bayfield County Board of Supervisors’ Meeting
November 12th, 2019 6:00 p.m.
Bayfield County Board Room, Bayfield County Courthouse, Washburn, WI
The Bayfield County Board of Supervisors was called to order at 6:02 p.m. by Bayfield County
Chairman, Dennis Pocernich. A roll call was taken by County Clerk- Scott Fibert, as follows: George
Newago- absent; Thomas Gordon- present; Larry Fickbohm- present; Harold Maki- present; Jeremy
Oswald- present; Jeffrey Silbert- present; Dennis Pocernich- present; Fred Strand- present; Thomas
Snilsberg- present; Marty Milanowski- present; David Zepczyk- present; James Crandall- present; Brett
Rondeau- present. Total: 12 present, 1 absent. A quorum was present to conduct business.
The following were also present for today’s meeting: County Administrator- Mark Abeles-
Allison; County Clerk- Scott Fibert; Clerk III- Allison Radke.
3. Pledge of Allegiance; The Pledge of Allegiance was recited by all in attendance.
4. Public Hearing – Memorial Medical Center (MMC) Conduit Bond;
Motion by Gordon, Crandall to adjourn as a County Board and convene as a Committee of the
Whole to hold a public hearing on the Memorial Medical Center (MMC) Conduit Bond. A roll
call was taken as follows: Newago-absent, Gordon-yes, Fickbohm-yes, Oswald-yes, Silbert-yes,
Pocernich-yes, Strand-yes, Snilsberg-yes, Milanowski-yes, Zepczyk-yes, Crandall-yes,
Rondeau-yes, Maki-yes. (12-yes, 0-no, 1-absent) Motion carried.
No public comment was received regarding the Memorial Medical Center (MMC) Conduit Bond.
Information regarding the MMC Conduit Bond was provided by County Administrator Mark
Abeles-Allison and Bayfield County Corporation Counsel John Carlson. Corporation Counsel
John Carlson stated that the bond does not put Bayfield County at risk and would benefit Bayfield
County residents, as well as surrounding communities. MMC Chief Financial Officer Kent
Dumoneseau gave further information. Tom Mayfield from National Healthcare Capital was
present via telephone to answer questions as needed.
Motion by Gordon, Rondeau to close the Public Hearing and reconvene as a County Board. A
roll call was taken as follows: Newago-absent, Gordon-yes, Fickbohm-yes, Oswald-yes, Silbert-
yes, Pocernich-yes, Strand-yes, Snilsberg-yes, Milanowski-yes, Zepczyk-yes, Crandall-yes,
Rondeau-yes, Maki-yes. (12-yes, 0-no, 1-absent) Motion carried.
5. Bayfield County Resolution No. 2019-78; Approving the Issuance and Sale of Revenue
Bonds (MMC, Inc. Project) Series 2019 and 2020, Authorizing the execution of documents
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relating thereto; John Carlson, Corporation Counsel;
County Administrator Abeles-Allison provided a review of Resolution No. 2019-78. Ashland and
Bayfield Counties are working together on this issuance and sale of revenue bonds. The bonding
will take place over two years, both 2019 and 2020. Bayfield County will issue $7.5 million this
year and $5 million next year to Memorial Medical Center for their building project. Counties are
allowed to issue up to $10 million in tax-exempt financing. Questions and comments were
received from County Board Supervisors.
BE IT RESOLVED by the Board of Supervisors (the “Board”) of Bayfield County, Wisconsin
(the “Municipality”), as follows:
Section 1. It is hereby found, determined, and declared as follows:
A. Under Wisconsin Statutes, Section 66.0621, as amended (the “Act”), the Municipality is
authorized and empowered to issue revenue obligations to finance all or any part of the cost of
acquisition, construction, equipping, improving, enlarging, or extending of public utilities, as
defined therein, including hospital facilities.
B. Under and pursuant to the provisions of Wisconsin Statutes, Sections 59.01 and 59.52(6),
the Municipality is authorized to:
(1) acquire and hold, lease or rent real and personal estate for public uses or purposes, to sell,
lease and convey the same, to make such contracts and to do such other acts as are necessary and
proper to the exercise of the powers and privileges granted and the performance of the legal duties
charged upon it;
(2) acquire, lease or rent property, real and personal, for public uses or purposes of any
nature, including without limitation, acquisitions for county buildings;
(3) direct the clerk to lease, sell or convey or contract to sell or convey any county property,
not donated and required to be held for a special purpose, on terms that the Board approves;
(4) construct, purchase, acquire, lease, develop, improve, extend, equip, operate and maintain
all county buildings, structures and facilities hereinafter in this subsection referred to as
“projects,” including, among others, schools, hospitals, homes for the aged or indigent, regional
projects and including all property, real and personal, pertinent or necessary for such purposes;
(5) finance such projects, including necessary sites, by the issuance of revenue bonds under
the Act, and payable solely from the income, revenues and rentals and fees derived from the
operation of the project financed from the proceeds of the revenue bonds.
C. The Municipality on the date hereof held a public hearing on the issuance of revenue
bonds in an aggregate amount not to exceed $12,500,000, which together with revenue bonds to
be issued by Ashland County in the aggregate amount of up to $17,500,000 (the “Ashland County
Bonds”), will be used to finance the construction of a two-story addition to, and extensive
renovation of, the hospital and related facilities located at 1615 Maple Lane in Ashland,
Wisconsin (the “Project”), owned and operated by Memorial Medical Center, Inc., a Wisconsin
nonstock nonprofit corporation (the “Company”).
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D. The issuance and sale of the Revenue Bonds (Memorial Medical Center, Inc. Project)
Series 2019 and 2020 (the “Revenue Bonds”), by the Municipality, in the aggregate principal
amount of up to $12,500,000, pursuant to the Act, and the sale of the Revenue Bonds to Bremer
Bank, National Association, or its assigns (the “Lender”), as provided herein is in furtherance of
the public interests of the Municipality and the Municipality hereby determines to issue the
Revenue Bonds. The Municipality will make the proceeds of the Revenue Bonds available to the
Company in order to finance the Project.
E. A draft of two separate Sale Agreements (the “Sale Agreements”) to be entered into
between the Municipality and the Company respecting the Revenue Bonds and the Project has
been submitted to the Board.
F. Pursuant to two separate Pledge Agreements (the “Pledge Agreements”) to be entered
into between the Municipality and the Lender, the Municipality assigns and pledges to the Lender
and grants the Lender a security interest in all of its rights, title, and interest in the Sale
Agreements (except for certain rights for reimbursement of certain costs and expenses and for
indemnification) and the Promissory Notes (as defined in the Sale Agreements), and all
amendments, extensions, renewals and replacements of the Sale Agreements and the Promissory
Notes, and all proceeds thereof. Drafts of the Pledge Agreements have been submitted to the
Board.
G. Pursuant to a Cooperation Agreement (the “Cooperation Agreement”) to be entered into
between the Municipality and Ashland County, the Municipality and Ashland County will
consent to each other’s financing described herein, pursuant to Wisconsin Statutes, Section
66.0301. A draft of the Cooperation Agreement has been submitted to the Board.
H. The Revenue Bonds are limited obligations of the Municipality payable solely from the
revenues received by the Municipality pursuant to the Promissory Notes and the Sale Agreements
(except for the Unassigned Municipality’s Rights, as such term is defined in the Sale
Agreements). No holder of the Revenue Bonds shall ever have the right to compel any exercise
of the taxing power of the Municipality to pay the Revenue Bonds or the interest thereon, nor to
enforce payment thereof against any property of the Municipality. The Revenue Bonds do not
constitute an indebtedness, a pecuniary liability, a moral or general obligation or a loan of the
credit of the Municipality and the Revenue Bonds are not secured by, and are not a charge, lien or
encumbrance, legal or equitable, against the Municipality’s property, funds, general credit or
taxing powers.
Section 2. The Municipality hereby authorizes the issuance of the Revenue Bonds. The
Revenue Bonds shall be in substantially the form submitted to the Board on the date hereof, and
shall mature on the dates and in the amounts, be subject to redemption, and provide interest at the
rate(s) as therein specified, as such may be modified by agreement of the Lender, the Company
and the Municipality. The initial interest rate on the Revenue Bonds shall not exceed 4.00% per
annum.
Section 3. The Sale Agreements, the Pledge Agreements, the Cooperation Agreement and
the Revenue Bonds are hereby made a part of this Resolution as fully as though set forth herein
and are hereby approved in substantially the forms presented to the Board. The Chair of the
Board and the County Clerk are hereby authorized in their discretion, at such time (if any) as they
may deem appropriate, to execute, acknowledge, and deliver said documents on behalf of the
Municipality with such changes, insertions, and omissions therein as bond counsel and counsel to
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the Municipality may hereafter deem appropriate, such execution to be conclusive evidence of
approval of such documents in accordance with the terms hereof.
Section 4. There is hereby created special funds in the treasury of the Municipality to be
identified as the “Revenue Bond (Memorial Medical Center, Inc. Project) Series 2019 Special
Redemption Fund” and the “Revenue Bond (Memorial Medical Center, Inc. Project”) Series 2020
Special Redemption Fund” (hereinafter, the “Special Redemption Funds”). Pursuant to the
Promissory Notes and the Pledge Agreements, payments by the Company on the Promissory
Notes will be paid directly to the Lender, but will be deemed to have been first deposited in the
respective Special Redemption Funds. If for any reason the Company makes payments to the
Municipality with respect to the Promissory Notes, such payments will be deposited in the
respective Special Redemption Funds. The Special Redemption Funds are hereby set aside for
the payment of the principal of, premium, if any, and interest on the Revenue Bonds.
Section 5. The Chair of the Board and the County Clerk are hereby also authorized to
execute and deliver all other documents which may be required under the terms of the Sale
Agreements or Pledge Agreements, or by bond counsel, and to take such other action as may be
required or deemed appropriate for the performance of the duties imposed thereby to carry out the
purposes thereof. The County Clerk is hereby authorized and directed to give notice pursuant to
Wisconsin Statutes, Section 893.77, subd. 2, that the Municipality has by this Resolution
authorized issuance of the Revenue Bonds, based on form and instruction provided by bond
counsel.
Section 6. Registration. The Board appoints the County Clerk as bond registrar, transfer
agent, authenticating agent and paying agent for the Revenue Bonds (the “Registrar”). The effect
of registration and the rights and duties of the Municipality with respect thereto are as follows:
A. Register. The Registrar must keep a bond register for the Revenue Bonds in which the
Registrar provides for the registration of ownership of the Revenue Bonds and the registration of
transfers and exchanges of the Revenue Bonds.
B. Transfer of Revenue Bonds. Upon surrender for transfer of a Revenue Bond duly
endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in
form satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney
duly authorized by the registered owner in writing, the Registrar will authenticate and deliver, in
the name of the designated transferee or transferees, one new bond of a like aggregate principal
amount and maturity, as requested by the transferor. The Registrar may, however, close the
books for registration of any transfer after the 1st day of the month of each interest payment date
and until such interest payment date.
C. Exchange of Revenue Bonds. When a Revenue Bond is surrendered by the registered
owner for exchange, the Registrar will authenticate and deliver one new bond of a like aggregate
principal amount and maturity, as requested in writing by the registered owner or the owner’s
attorney.
D. Cancellation. A Revenue Bond surrendered upon any transfer or exchange will be
promptly canceled by the Registrar and thereafter disposed of.
E. Improper or Unauthorized Transfer. When a Revenue Bond is presented to the Registrar
for transfer, the Registrar may refuse to transfer a Revenue Bond until the Registrar is satisfied
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that the instrument of transfer is valid and genuine and that the requested transfer is legally
authorized. The Registrar will incur no liability for the refusal, in good faith, to make transfers
which it, in its judgment, deems improper or unauthorized.
F. Persons Deemed Owners. The Municipality and the Registrar may treat the person in
whose name a Revenue Bond is registered in the bond register as the absolute owner of the
Revenue Bond, whether the Revenue Bond is overdue or not, for the purpose of receiving
payment of, or on account of, the principal of and interest on the Revenue Bond and for all other
purposes, and payment so made to a registered owner or upon the owner’s order will be valid and
effectual to satisfy and discharge the liability upon such Revenue Bond to the extent of the sum or
sums so paid.
G. Taxes, Fees and Charges. For a transfer or exchange of a Revenue Bond, the Registrar
may impose a charge upon the owner thereof sufficient to reimburse the Registrar for any tax, fee
or other governmental charge required to be paid with respect to the transfer or exchange,
including payment to the Municipality of any fees and costs incurred by the Municipality under or
related to its performance of this Section 6.
H. Mutilated, Lost, Stolen or Destroyed Bonds. If a Revenue Bond becomes mutilated or is
destroyed, stolen or lost, the Registrar will deliver a new Revenue Bond of like amount, number,
maturity date, redemption privilege and tenor in exchange and in substitution for and upon
cancellation of the mutilated Revenue Bond or in lieu of or in substitution for any Revenue Bond
destroyed, stolen or lost, upon the payment of the reasonable expenses and charges of the
Registrar and the Municipality in connection therewith; and, in the case of a Revenue Bond
destroyed, stolen or lost, upon filing with the Registrar of evidence satisfactory to it that the
Revenue Bond was destroyed, stolen or lost, and of the ownership thereof, and upon furnishing to
the Registrar and the Municipality of an appropriate bond or indemnity in form, substance and
amount satisfactory to it and as provided by law, in which both the Municipality and the Registrar
must be named as obligees. A Revenue Bond so surrendered to the Registrar will be canceled by
the Registrar. If the mutilated, destroyed, stolen or lost Revenue Bond has already matured or
been called for redemption in accordance with its terms it is not necessary to issue a new Revenue
Bond prior to payment.
I. Redemption. In the event a Revenue Bond is called for redemption, notice thereof will
be given in accordance with Section 5.1 of the applicable Sale Agreement or by the Registrar by
mailing a copy of the redemption notice by first class mail (postage prepaid) not less than 30 days
prior to the date fixed for redemption to the registered owner of the Revenue Bond to be
redeemed at the address shown on the registration books kept by the Registrar. The Revenue
Bond so called for redemption will cease to bear interest after the specified redemption date,
provided that the funds for the redemption are on deposit at the place of payment at that time.
Section 7. In order to qualify the Revenue Bonds as “qualified tax-exempt obligations”
within the meaning of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended (the
“Code”), the Municipality hereby makes the following factual statements and representations:
A. Based on representations of the Company, the Revenue Bonds, when issued, will be
“qualified 501(c)(3) bonds” under Section 145 of the Code;
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B. The Municipality hereby designates each of the Revenue Bonds as a “qualified tax-
exempt obligation” for purposes of Section 265(b)(3) of the Code;
C. The reasonably anticipated amount of tax-exempt obligations (other than obligations
described in clause (ii) of Section 265(b)(3)(C) of the Code) which will be issued by the
Municipality (and all entities whose obligations will be aggregated with those of the
Municipality) during each of calendar years 2019 and 2020 will not exceed $10,000,000 in either
year; and
D. Not more than $10,000,000 of obligations issued by the Municipality during calendar
years 2019 and 2020 have been or will be designated for purposes of Section 265(b)(3)(D) of the
Code.
Section 8. This Resolution shall take effect immediately upon its adoption.
Motion by Gordon, Rondeau to approve Resolution No. 2019-78, Approving the Issuance and
Sale of Revenue Bonds (MMC, Inc. Project) Series 2019 and 2020, Authorizing the execution
of documents relating thereto. Motion carried.
6. Public Comment:
County Board Supervisor Larry Fickbohm presented an award that the Bayfield County Fair
received in recognition of the 125th Anniversary of the Fair. It was issued by State Senator Janet
Bewley and State Representative Beth Meyers.
7. Motion Regarding the Minutes of the October 29th, 2019 Bayfield County Board of
Supervisors’ Meeting;
Motion by Rondeau, Milanowski to approve the Minutes of the October 29th, 2019 Bayfield
County Board of Supervisors’ Meeting. No additions or corrections. Motion carried.
8. Discussion and Possible Action to Adopt the Amended 2020 Budget;
The total budget decreased by approximately $70,000 to account for unreimbursed flood
expenses.
Motion by Rondeau, Zepczyk to adopt the Amended 2020 Budget in the amount of $33,242,680.
A roll call was taken as follows: Newago-absent, Gordon-yes, Fickbohm-yes, Oswald-yes,
Silbert-yes, Pocernich-yes, Strand-yes, Snilsberg-yes, Milanowski-yes, Zepczyk-yes, Crandall-
yes, Rondeau-yes, Maki-yes. (12-yes, 0-no, 1-absent) Motion carried.
9. Discussion and Possible Action to Set the Amended 2020 Tax Levy;
This agenda item will adjust the levy by $70,000 due to unreimbursed flood expenses for the
Highway Department. It will lower the levy by $70,000.
Motion by Rondeau, Gordon to adopt the Amended 2020 Tax Levy in the amount of
$11,348,140. A roll call was taken as follows: Newago-absent, Gordon-yes, Fickbohm-yes,
Oswald-yes, Silbert-yes, Pocernich-yes, Strand-yes, Snilsberg-yes, Milanowski-yes, Zepczyk-yes,
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Crandall-yes, Rondeau-yes, Maki-yes. (12-yes, 0-no, 1-absent) Motion carried.
10. Bayfield County Resolution No. 2019-79; Recognizing Bayfield County Victim Witness
Coordinator, Jody Heffner, recipient of the Passageways to Peace Award, Honored for
excellent work with victims;
District Attorney Kimberly Lawton recognized Jody Heffner, Victim Witness Coordinator, for all
her excellent work in Bayfield County. Resolution No. 2019-79 was read in recognition of
Heffner.
WHEREAS, Jody Heffner serves as the Bayfield County Victim/Witness Coordinator in the
District Attorney’s Office; and
WHEREAS, Jody has been awarded the Passageways to Peace Award through the New Day
Advocacy Center for going above and beyond when working with victims of domestic violence
and sexual assault.
NOW, THEREFORE, BE IT RESOLVED, that the Bayfield County Board of Supervisors
assembled this 12th day of November 2019, applauds Jody Heffner for putting Bayfield County in
a positive light and demonstrating the county’s commitment to victims and survivors of domestic
and sexual abuse; and congratulates her on her receipt of the Passageways to Peace Award.
Motion by Rondeau, Crandall to approve Resolution No. 2019-79, Recognizing Bayfield
County Victim Witness Coordinator, Jody Heffner, recipient of the Passageways to Peace
Award, Honored for excellent work with victims. Motion carried.
11. Bayfield County 2018 Audit Presentation; Kimberly M. Shult, CPA, Partner, Baker Tilly;
Kimberly Shult presented on behalf of Baker Tilly. She summarized the Bayfield County 2018
Audit. An overview of the 2018 Bayfield County Audit was presented including information
about the audit procedures, process, and findings. Information was also presented regarding fund
balance, unassigned balances, cash and investments, debt obligation, special revenue funds, debt
service funds, enterprise funds, internal service funds, etc.
The audit report found that Bayfield County has a very low amount of debt. There was one
material weakness and one significant deficiency in internal control over financial reporting. One
instance of noncompliance was reported (client rights training). Bayfield County has very few
audit entries. Shult reported that the accounting staff at Bayfield County does a great job.
Comments and questions were received from Bayfield County Supervisors.
Motion by Zepczyk, Silbert to receive and place on file the Bayfield County 2018 Audit. Motion
carried.
12. Discussion and Possible Action on Letter of Intent regarding Bayfield Wireless Partnership
and Tower Agreement for a State Broadband Grant, Town of Bayview, Washburn, and
Barksdale; Mike Cariveau, Chief Executive Officer;
County Administrator Mark Abeles-Allison gave information regarding this continued
partnership. This Letter of Intent is in preparation for a State Broadband Grant. This project is
called the Maple Hill Tower. Both CenturyLink and Bayfield Wireless are applying for the same
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grant, to serve the same region. Bayfield County will be informed if the grant is received in
February of 2020. Norvado and Bayfield Wireless have been working together throughout the
region.
Motion by Silbert, Fickbohm to approve the Letter of Intent with Bayfield Wireless and Tower
Agreement for a State Broadband Grant. Motion carried.
13. Bayfield County Resolution No. 2019-80; Fire Hill Preserve Land Acquisition Project;
Forestry & Parks Department;
Forestry & Parks Administrator Jason Bodine provided the history behind the Fire Hill Preserve.
Bodine acknowledged the Landmark Conservancy for the considerable work they have put into
this project. Bayfield County has the opportunity to acquire approximately 107 acres of
continuous forest land at no expense to Bayfield County. This Resolution has been previously
reviewed and recommended for approval by the Forestry & Parks Committee, as well as the
Executive Committee. Comments were received from County Board Supervisors.
WHEREAS, the Fire Hill property totals approximately 104 contiguous acres, and is located in the
heart of orchard country in the Bayfield Peninsula (see Exhibit A);
WHEREAS, the property is nearly completely forested, including examples of mature red oak, white
pine, red pine and hemlock, is located within the Pikes Creek watershed, has views of Lake Superior
and provides exceptional habitat for a variety of wildlife species;
WHEREAS, since early 2017, Landmark Conservancy (then Bayfield Regional Conservancy) has
been collaborating with the current landowner regarding the permanent protection/conservation of the
property, which included the potential of acquiring the land;
WHEREAS, as part of the process, Landmark Conservancy approached Bayfield County regarding
potential ownership of said property, should full funding be secured;
WHEREAS, from a letter dated November 19, 2018, Bayfield County was notified, by the
Wisconsin Department of Natural Resources (hereafter “DNR), of Landmark Conservancy’s grant
application to the Knowles-Nelson Stewardship Program for the potential purchase of forested
property in the Town of Bayfield;
WHEREAS, during their meeting held on September 10, 2018 the Bayfield County Forestry and
Parks Committee voted to support the Fire Hill project, as proposed and presented by Landmark
Conservancy (see Exhibit B), 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;
WHEREAS, during their meeting held on December 13, 2018, the Bayfield County Executive
Committee also voted to support the Fire Hill Preserve Acquisition project, including potential
County ownership of said 104 acres, but only if full funding for land acquisition is secured and
awarded;
WHEREAS, the Town of Bayfield, Bayfield Chamber and Visitor Bureau, US Fish and Wildlife
Service, Wisconsin Department of Natural Resources, and Trout Unlimited (Wild Rivers Chapter) all
formally supported the Fire Hill project;
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WHEREAS, Landmark Conservancy applied for and has been awarded $110,985.00 in Knowles-
Nelson Stewardship funds that would be used towards the purchase of said property and other
associated requirements;
WHEREAS, as part of their unanimous vote of support for the project, the Forestry and Parks
Committee and Executive Committee authorized the Forestry and Parks Department to work with
Landmark Conservancy on the development and submission of a grant application to Wisconsin
Coastal Management, which, if approved, would also be used towards the purchase of the Fire Hill
property;
WHEREAS, one stipulation of receiving funds from a Wisconsin Coastal Management grant, for the
purchase of property, is that said land is owned by a local unit of government;
WHEREAS, a combination of funds obtained from the Knowles-Nelson Stewardship grant, a
bargain sale from the current landowner, additional funds from Landmark Conservancy (if
necessary), and a potential grant from Wisconsin Coastal Management (that would be awarded to
Bayfield County), would be used to purchase the 104 acre Fire Hill property, with ownership
ultimately conveyed to Bayfield County;
WHEREAS, should Bayfield County be conveyed ownership of said 104 acres of land, the property
would be managed by the Forestry and Parks Department, providing recognizing the terms and
conditions contained within all applicable grant awards, easements and/or contracts;
WHEREAS, should the Forestry and Parks Department be assigned the responsibility of managing
said land, short and long-term management plans will be developed, in collaboration with Landmark
Conservancy, and ultimately approved by the Forestry and Parks Committee;
THEREFORE, BE IT RESOLVED, that the Bayfield County Board of Supervisors, meeting this
12th day of November, 2019, supports the acquisition of approximately 104 acres of land in the Town
of Bayfield, as part of the Fire Hill project, contingent upon being funded, in full, by monies obtained
from the Wisconsin Coastal Management grant, or similar sources, as well as Knowles-Nelson
Stewardship grant funds, private donations and/or funds applied by Landmark Conservancy;
BE IT FURTHER RESOLVED, if full funding is obtained for the purchase of the Fire Hill
property, as described above, then Bayfield County will accept ownership and management
responsibilities of the land, contingent upon there being permanent legal public access to said
property and acquisition costs being covered, in full, as previously described, resulting in zero out of
pockets costs to the County;
BE IT FURTHER RESOLVED, that, should Bayfield County be conveyed ownership of the land,
the property would be managed by the Forestry and Parks Department, recognizing all applicable
grant awards, contracts and easements, if applied, recorded and placed on the property;
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 and required action(s) to undertake, authorize, direct, and
complete the Fire Hill project; 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;
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BE IT FURTHER RESOLVED, that, if Bayfield County is awarded a grant from Wisconsin
Coastal Management, and full funding for the Fire Hill project is secured and awarded, the following
amendments will be made to the Forestry and Parks Department’s 2019 or 2020 budget (depending
upon the calendar year in which funds are received and/or the final closing date):
Increase Wisconsin Coastal Management (Fire Hill) Grant Revenue line:
100-34-43584-002 by: $89,505.00
Increase WI Coastal Grant (Fire Hill) Purchase of Land Expense line:
100-34-55205-50252 by: $86,405.00
Increase WI Coastal Grant (Fire Hill) Other Supplies and Expense line:
100-34-55205-50390 by: $3,100.00
Motion by Strand, Gordon to approve Resolution No. 2019-80, Fire Hill Land Acquisition
Project. A roll call was taken as follows: Newago-absent, Gordon-yes, Fickbohm-yes, Oswald-
yes, Silbert-yes, Pocernich-yes, Strand-yes, Snilsberg-yes, Milanowski-yes, Zepczyk-yes,
Crandall-yes, Rondeau-yes, Maki-yes. (12-yes, 0-no, 1-absent) Motion carried.
14. Bayfield County Resolution No. 2019-81; Designation of Authorized Depositories for
Bayfield County;
This is an annual Resolution to designate where Bayfield County funds may be held.
WHEREAS, Section 34.05 of the Wisconsin Statutes authorizes counties to invest any of
their funds not immediately needed, in time deposits, in banks, or savings and loan
associations, in accordance with and subject to the limitations of Wisconsin Statute
§66.0603(1m), and also authorizes counties to engage in financial transactions in which the
public depository agrees to repay funds advanced to it by the county plus interest, if the
agreement is secured by bonds or securities issued or guaranteed as to principal and interest
by the Federal Government; and
WHEREAS, it appears to be to the financial benefit of the County and its citizens to invest
funds not immediately needed in such deposits and to enter into such financial transactions
from time to time; and
NOW, THEREFORE, BE IT RESOLVED, that the Bayfield County Board of Supervisors,
assembled this 12th day of November 2019, hereby authorizes and directs the Bayfield County
Treasurer to invest 2020 County funds, not immediately needed, either in time deposits in
accordance with and subject to the limitations of Wisconsin Statute §66.0603, or by entering
into financial transactions in which a public depository agrees to repay funds advanced to it by
the County plus interest, if the agreement is fully secured by securities issued or guaranteed as
to principal and interest by the Federal Government, with any of the following financial
institutions, which have been designated as public depositories for Bayfield County: Bremer
Bank & Bremer Trust; Security State Bank; Northern State Bank; Chippewa Valley Bank; and
the Local Government Investment Pool, investing in public instruments as approved by the
County Executive Committee in accordance with county and state investment policies and
laws;
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BE IT FURTHER RESOLVED, that County funds not so invested shall be deposited in
checking or savings accounts at any of the foregoing institutions.
Motion by Rondeau, Crandall to approve Resolution No. 2019-81, Designation of Authorized
Depositories for Bayfield County. Motion carried with one abstention.
15. Bayfield County Resolution No. 2019-82; Holding of Meetings as may be necessary to
conduct business in 2020;
This is an annual Resolution which allows more meetings to be held when necessary in 2020 and
to compensate for those meetings.
WHEREAS, Wisconsin Statute §59.13(2)(a) requires counties containing less than 25,000
population limit the number of days for which compensation and mileage may be paid to
Committee members to 20 days, not more than 10 of which shall be for services on any one
committee, except that the Board may increase the number of committee meetings under par. (b)
and similarly fix the compensation of the members for the additional meetings; and
WHEREAS, the committees of the Bayfield County Board of Supervisors are required to
conduct business of said Bayfield County, to hold and conduct committee meetings in excess of
the number permitted by State Statute §59.13(2)(a); and
WHEREAS, by action of the Bayfield County Board of Supervisors, the number of meetings of
said committees beyond the statutory limit may be extended.
NOW, THEREFORE, BE IT RESOLVED, that the Bayfield County Board of Supervisors
assembled this 12th day of November 2019, agree that the committees of the Bayfield County
Board of Supervisors be and are hereby authorized to hold such meetings during the year 2020, as
may be necessary to conduct the business of said Bayfield County and be compensated for any
such meetings.
Motion by Rondeau, Crandall to approve Resolution No. 2019-82, Holding of Meetings as may
be necessary to conduct business in 2020. Motion carried.
16. Bayfield County Resolution No. 2019-83; Authorization for the County Board Chair,
County Clerk, and County Treasurer from Bayfield County to make Short Term Loans;
It was noted that this authority has not been exercised in 2019 to this point.
WHEREAS, it may be necessary to borrow funds on a short-term basis, in order to meet
payrolls and other obligations including current and ordinary expenses within the next year.
NOW, THEREFORE, BE IT RESOLVED, by the Bayfield County Board of Supervisors of
Bayfield County in annual session, assembled this 12th day of November 2019, directs and
authorizes the County Board Chairman of the County of Bayfield, the County Clerk, and the
County Treasurer, to borrow funds on a short term basis for 2020, in an amount not to exceed
Three Hundred Thousand Dollars ($300,000.00) in aggregate if in their opinion it should be to
the County’s best interest to make such loan or loans.
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Motion by Rondeau, Crandall to approve Resolution No. 2019-83, Authorization for the County
Board Chair, County Clerk, and County Treasurer from Bayfield County to make Short Term
Loans. A roll call was taken as follows: Newago-absent, Gordon-yes, Fickbohm-yes, Oswald-
yes, Silbert-yes, Pocernich-yes, Strand-yes, Snilsberg-yes, Milanowski-yes, Zepczyk-yes,
Crandall-yes, Rondeau-yes, Maki-yes. (12-yes, 0-no, 1-absent) Motion carried.
17. Bayfield County Resolution No. 2019-84; Request to amend the Bayfield County Land &
Water Conservation 2019 Budget due to a Department of Natural Resources Clough Island
Project Grant; Land & Water Conservation Department;
This Resolution is due to a grant from the Wisconsin Department of Natural Resources. It has
been reviewed and recommended for approval by the Land & Water Conservation Committee.
WHEREAS, the Bayfield County Land and Water Conservation Department requests that their
2019 budget be amended as follows to reflect grant funding modifications;
WHEREAS, the Land & Water Conservation was awarded a new DNR Clough Island Project
(NWCMA) grant in 2019 and after the 2019 budget was submitted.
NOW, THEREFORE, BE IT RESOLVED, that the Bayfield County Board of Supervisors,
meeting this November 12th, 2019, approve the following budget amendments to reflect
modifications to the grant, cost-share and/or cooperative agreements.
Increase revenue account 100-28-43271-100 (Clough Island Project) by:
$4,995.00
Increase expense account 100-28-56109-50290 Contractual (Clough Island Project) by:
$4,995.00
Motion by Strand, Milanowski to approve Resolution No. 2019-84, Request to amend the
Bayfield County Land & Water Conservation 2019 Budget due to a Department of Natural
Resources Clough Island Project Grant. A roll call was taken as follows: Newago-absent,
Gordon-yes, Fickbohm-yes, Oswald-yes, Silbert-yes, Pocernich-yes, Strand-yes, Snilsberg-yes,
Milanowski-yes, Zepczyk-yes, Crandall-yes, Rondeau-yes, Maki-yes. (12-yes, 0-no, 1-absent)
Motion carried.
18. Bayfield County Resolution No. 2019-85; Regarding per diem compensation for County
Board Supervisors and Committee meeting members, commencing April of 2020; Offices of
Bayfield County Clerk & County Administrator;
This compensation is being established prior to election papers being taken out. The Executive
and Personnel Committees made two edits on the Resolution. County Board Chair Pocernich
summarized this Resolution. Per diems are proposed to increase to $75 per committee meeting,
$100 for a County Board Meeting, $100 for multiple meetings in one day, and $100 for a meeting
that lasts over 4 hours. This will commence in April of 2020.
WHEREAS, SS 59.10(3)(f) states the method of compensation for Supervisors is determined by
a 2/3rd vote at its annual meeting.
WHEREAS, SS 59.13(2) states the method of compensation for committee members is
determined by the County Board.
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WHEREAS, the current compensation established by County action on 10/30/2001 allow for $50
per diem for committee members and $75 per diem for full County Board Meetings. If a Board
member attends 2 or more meetings within a day or a meeting should last more than 4 hours, the
member would receive a $75 per diem.
WHEREAS, comparable County per diems were discussed at the 10/29/2019 County Board
Meeting.
WHEREAS, it was requested at that meeting that the Clerk draw up a Resolution with a
recommendation for an increase based on the discussion.
NOW, THEREFORE, BE IT RESOLVED, the per diem for committee meetings will be as
follows:
- $75 per committee meeting.
- Meetings that last over 4 hours will be compensated $100 per diem.
- Multiple meetings in one day will be compensated up to $100 per day.
- Full County Board Meetings will be compensated at $100 per diem.
- All members are also eligible for mileage reimbursement.
Motion by Rondeau, Zepczyk to approve Resolution No. 2019-85, Regarding per diem
compensation for County Board Supervisors and Committee meeting members, commencing
April of 2020. A roll call was taken as follows: Newago-absent, Gordon-yes, Fickbohm-yes,
Oswald-yes, Silbert-No, Pocernich-yes, Strand-yes, Snilsberg-yes, Milanowski-yes, Zepczyk-yes,
Crandall-yes, Rondeau-yes, Maki-No. (10-yes, 2-no, 1-absent) Motion carried.
19. Appointment to the Bayfield County Criminal Justice Council; Gary Sherman; Term
ending April of 2020;
Gary Sherman has been appointed as a citizen member on the Bayfield County Criminal Justice
Council. His experiences and background were discussed, including that he that was a former
Judge for the State of Wisconsin. He was recommended by the Criminal Justice Core Team.
Motion by Oswald, Fickbohm to approve the appointment of Gary Sherman to the Bayfield
County Criminal Justice Council with a term ending April of 2020. Motion carried with one
opposed.
20. The Bayfield County Board of Supervisors may entertain a motion 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 specific
public business, whenever competitive or bargaining reasons require a closed session.
§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.
Motion by Rondeau, Milanowski to enter Executive/Closed Session at 7:18 p.m. Motion carried
with unanimous vote.
The following were allowed to remain in Executive/Closed Session: County Administrator- Mark
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Abeles-Allison; County Clerk- Scott Fibert; Clerk III- Allison Radke.
Discussion took place with no action regarding the Red Cliff Zoning Lawsuit and Bayfield
County Union Negotiations.
There being no further business to conduct in Executive/Closed Session, a motion was made by
Rondeau, Crandall to return to Open Session at 7:27 p.m. Motion carried.
21. Discussion and Possible Action regarding 2020 Contract for Teamsters Union;
This was previously discussed and negotiated by the Personnel Committee.
Motion by Rondeau, Gordon to approve the 2020 Contract for Teamsters Union. A roll call was
taken as follows: Newago-absent, Gordon-yes, Fickbohm-yes, Oswald-yes, Silbert-absent,
Pocernich-yes, Strand-yes, Snilsberg-yes, Milanowski-yes, Zepczyk-yes, Crandall-yes,
Rondeau-yes, Maki-yes. (11-yes, 0-no, 2-absent) Motion carried. (Supervisor Silbert exited the
room prior to this vote.)
22. Discussion and Possible Action regarding 2020 Wage Scale Indexing;
The Personnel Committee is recommending a wage scale index of 1.5%. This would help
Bayfield County remain competitive and react to inflation.
Motion by Maki, Gordon to approve the 2020 Wage Scale Indexing. A roll call was taken as
follows: Newago-absent, Gordon-yes, Fickbohm-yes, Oswald-yes, Silbert-yes, Pocernich-yes,
Strand-yes, Snilsberg-yes, Milanowski-yes, Zepczyk-yes, Crandall-yes, Rondeau-yes, Maki-yes.
(12-yes, 0-no, 1-absent) Motion carried.
23. Discussion and Possible Action regarding 2020 Cost of Living Wage Adjustments for
employees at the second year at Step 11;
This motion would impact the few employees that are at Step 11 and are therefore not eligible for
a Step increase.
Motion by Gordon, Rondeau to approve the 2020 Cost of Living Wage Adjustments of .57% for
employees at the second year at Step 11. A roll call was taken as follows: Newago-absent,
Gordon-yes, Fickbohm-yes, Oswald-yes, Silbert-yes, Pocernich-yes, Strand-yes, Snilsberg-yes,
Milanowski-yes, Zepczyk-yes, Crandall-yes, Rondeau-yes, Maki-yes. (12-yes, 0-no, 1-absent)
Motion carried.
24. Discussion and Possible Action regarding WPPA Contract;
There was no discussion on this agenda item. No action was taken.
25. Bayfield County Administrator’s Report:
a) Future County Board Meeting Dates:
✓ No December 2019 County Board Meeting anticipated at this time. Will schedule if required.
✓ January 28th, 2020 – Regularly scheduled meeting
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✓ February 25th, 2020 – Regularly scheduled meeting
✓ Also, Holiday Luncheon – December 11th, All County Board Supervisors are welcome.
b) 2020 Census; Another 2020 Census Complete Count meeting will be held on December 12th.
c) CWD Testing and Dumpsters;
In the County Board packet, there was a newspaper article from the Daily Press regarding
CWD. This week dumpsters for CWD are going out to six locations throughout the region.
d) Health Insurance 2020 Update;
The decision was made at the Personnel Committee to move ahead with the State Health
Insurance for 2020.
e) Superior Days Issues;
There is a summary of the issues in the County Board packet regarding Superior Days.
f) County Administrator Evaluation Form;
The evaluation form was included in the packet. The evaluation will be conducted with
anonymous clickers in January of 2020.
g) Reminder to turn in all mileage + per diems by December 13th to the County Clerk’s
Office.
Please turn in all mileage and per diems before December 13th, so that expenses can be paid in
the proper year. Election paperwork has been distributed. If applicable, please fill out non-
candidacy forms to ensure representation in all districts.
26. Supervisors’ Reports;
Kellie from Extension is helping to organize a Chequamegon Economic Summit on April 23, 2020.
27. Future Agenda Items; None identified.
28. Adjournment.
There being no further business to come before the Bayfield County Board of Supervisors, Chair
Pocernich adjourned the meeting at 7:39 p.m.
Respectfully submitted,
Scott S. Fibert
Scott S. Fibert, Bayfield County Clerk
SSF/alr