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HomeMy WebLinkAboutCounty Board of Supervisors - Minutes - 4/21/2020 1 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 April 21st 9:00 a.m. Meeting Held Remotely Full copies of Resolutions, Ordinances, and Reports can be found at: www.bayfieldcounty.org or the Bayfield County Clerk’s Office: 715-373-6100, 117 East 5th Street Washburn, WI 54891 BAYFIELD COUNTY BOARD OF SUPERVISORS Dennis M. Pocernich, Chair, Fred Strand, Vice-Chair Steve Sandstrom, Mary Dougherty, Larry Fickbohm, Charly Ray, Jeremy Oswald, Jeffrey Silbert, Thomas Snilsberg, Marty Milanowski, David Zepczyk, James Crandall, Brett Rondeau The Bayfield County Board of Supervisors was called to order at 9:19 a.m. by Bayfield County Clerk Scott S. Fibert. There were technology issues that delayed the start time. A roll call was taken by County Clerk- Scott Fibert, as follows: Steve Sandstrom- present; Mary Dougherty- present; Larry Fickbohm- present; Charly Ray- 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: 13 present. 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; Corporation Counsel- John Carlson. 2. Pledge of Allegiance; The Pledge of Allegiance was recited by all in attendance. 3. Swearing-in of County Board Supervisors; Bayfield County Clerk Scott Fibert led the swearing-in process for the County Board Supervisors. 4. Roll Call: Listed above. 5. Discussion and Possible Action: Remote Meeting Procedure; The remote meeting procedures were read and discussed by County Administrator Abeles-Allison. A full script can be accessed at the Bayfield County Clerk’s Office. 2 Motion by Fickbohm, Crandall to approve the Remote Meeting Procedure. Motion carried. 6. Discussion and Possible Action on Election Rules regarding County Board Chair, Vice-Chair, and Committee Leadership; Voting procedures for County Board Chair, Vice-Chair, and Bayfield County Committee Leadership were reviewed and read by County Clerk Scott S. Fibert. Motion by Rondeau, Milanowski to approve the procedures as presented regarding Election Rules for County Board Chair, Vice-Chair, and Committee Leadership. Motion carried. 7. Election of the Bayfield County Board of Supervisors Chair; and Possible Recess; Supervisor Rondeau nominated Dennis Pocernich to serve as County Board Chair. County Clerk Scott Fibert asked three times for any other nominations. Supervisor Pocernich addressed the County Board and thanked them for their nomination and vowed to do his best as County Board Chair. Motion by Rondeau, Crandall to close nominations and cast a unanimous ballot for Dennis Pocernich, as Bayfield County Board Chair. Motion carried with no opposition. Chairman Pocernich took over the meeting. 8. Election of the Bayfield County Board of Supervisors Vice-Chair; and Possible Recess; Supervisor Silbert nominated Fred Strand to serve as County Board Vice-Chair. Chair Pocernich asked three times for any other nominations. Supervisor Strand addressed the County Board, accepting his nomination and confirming his willingness to serve. Motion Rondeau, Silbert to close nominations and cast a unanimous ballot for Fred Strand, as Bayfield County Board Vice-Chair. Motion carried with no opposition. 9. Highway and Executive Committee Caucus and Highway and Executive Committee Appointments and Confirmation; Bayfield County’s Caucus process was explained by County Administrator Mark Abeles-Allison. Bayfield County is separated into five districts. Each district has one representative for the Highway Committee and one representative for the Executive Committee. District 1: Steve Sandstrom – Highway Committee Mary Dougherty – Executive Committee District 2: Larry Fickbohm – Highway Committee Fred Strand – Executive Committee District 3: Marty Milanowski – Highway Committee Dennis Pocernich – Executive Committee District 4: Jeremy Oswald – Highway Committee Jeffrey Silbert – Executive Committee 3 District 5: Jim Crandall – Highway Committee Brett Rondeau – Executive Committee Motion by Rondeau, Ray to approve and confirm the Executive Committee Appointments. Motion carried. Motion by Rondeau, Crandall to approve and confirm the Highway Committee Appointments. Motion carried. 10. Bayfield County Resolution No. 2020-27; No. 2020-28; No. 2020-29; In Recognition of Harold Maki; George Newago; Thomas Gordon for their years of dedication and service as County Board Supervisors; WHEREAS, Harold Maki has served Bayfield County with distinction, honor and dedication as a member of the County Board for 18 years. NOW, THEREFORE, BE IT RESOLVED, that the Bayfield County Board of Supervisors assembled this 21st day of April 2020, honors Harold Maki for his 18 years of public service to Bayfield County and expresses gratitude for his efforts, wishing him well in the years ahead. WHEREAS, George Newago has served Bayfield County with distinction, honor and dedication as a member of the County Board for 2 years. NOW, THEREFORE, BE IT RESOLVED, that the Bayfield County Board of Supervisors assembled this 21st day of April 2020, honors George Newago for his 2 years of public service to Bayfield County and expresses gratitude for his efforts, wishing him well in the years ahead. WHEREAS, Thomas Gordon has served Bayfield County with distinction, honor and dedication as a member of the County Board for an additional 2 years. NOW, THEREFORE, BE IT RESOLVED, that the Bayfield County Board of Supervisors assembled this 21st day of April 2020, honors Thomas Gordon for his additional 2 years of public service to Bayfield County and expresses gratitude for his efforts, wishing him well in the years ahead. Motion by Silbert, Crandall to approve Resolutions No. 2020-27, No. 2020-28, and No. 2020-29, In Recognition of Harold Maki, George Newago, and Thomas Gordon for their years of dedication and service as County Board Supervisors. Motion carried. 11. Bayfield County Resolution No. 2020-30; In Recognition of Judge Gwen Topping, Red Cliff Tribal Judge, for her appointment as President of the Wisconsin Tribal Judges Association; County Administrator Abeles-Allison read the Resolution recognizing Judge Gwen Topping for her Wisconsin Tribal Judges Association President appointment, as well as her work in Bayfield County. WHEREAS; Honorable Red Cliff Tribal Judge, Gwen Topping is a member of the Red Cliff Band of Lake Superior Chippewa and a lifelong resident of Bayfield County; and, WHEREAS; Judge Topping was recently selected to be the President of the Wisconsin Tribal Judges Association representing 11 tribes in Wisconsin; and, 4 WHEREAS; The Wisconsin Tribal Judges Association exists as a voice of equal justice for all and is dedicated to the protection of tribal sovereignty through judicial education, cooperation, collaboration and respectful communication while embracing tribal traditions, customs and values; and, WHEREAS; Judge Topping is the first Tribal Judge serving as President from Bayfield County. NOW, THEREFORE, BE IT RESOLVED, that the Bayfield County Board of Supervisors assembled this 21st day of April 2020, congratulates Judge Topping on this accomplishment and honor. Motion by Sandstrom, Fickbohm to approve Resolution No. 2020-30, In Recognition of Judge Gwen Topping, Red Cliff Tribal Judge, for her appointment as President of the Wisconsin Tribal Judges Association. Motion carried. 12. Bayfield County Resolution No. 2020-31; In Recognition of Bayfield County Judge John Anderson, Awarded Judge of the Year for the State of Wisconsin; The Honorable Judge Anderson was recognized and awarded Judge of the Year for the State of Wisconsin. Comments were received from County Board Supervisors acknowledging his positive, interdepartmental, and collaborative work in Bayfield County. WHEREAS, Judge Anderson serves his community in and out of the courtroom. Whether he is holding criminal court at the Bayfield County Courthouse, serving as linesman at a Washburn High School Volleyball game or serving as assistant basketball coach, Judge Anderson is in touch and involved. Judge Anderson’s willingness to spend time with the community he serves is impressive. WHEREAS, Judge Anderson has a dialogue with people in the courtroom. Judge Anderson has a unique ability to search for hidden details that shed light on a case. WHEREAS, during Treatment Court Judge Anderson engages offenders in a dialogue, encouraging and motivating them to succeed, explaining why this is important and the critical importance of not re-offending or relapsing. WHEREAS, Judge Anderson congratulates graduates of the Treatment Court program with praise and recognition. He is part of the reason Bayfield County programs are successful in reducing recidivism. WHEREAS, Judge Anderson’s favorite quote is: “We cannot solve our problems with the same thinking we used when we created them.”-Albert Einstein WHEREAS, Judge Anderson is diligent in researching and becoming further educated on new ways to view and alter practices within his work. He does that while balancing the needs of the people he serves and supporting the evidence-based practices to enhance community corrections. If it were not for his neatly manicured haircut, one would confuse him with Albert Einstein. WHEREAS, for all these reasons and many more, Judge Anderson was selected as Judge of the Year in the State of Wisconsin for the year 2020. 5 NOW, THEREFORE, BE IT RESOLVED, that the Bayfield County Board of Supervisors assembled this 21st day of April 2020, congratulates Judge Anderson for this accomplishment and recognition by his peers and the State Bar of Wisconsin. Motion by Silbert, Crandall to approve Resolution No. 2020-31, In Recognition of Bayfield County Circuit Judge John Anderson, Awarded Judge of the Year for the State of Wisconsin. Motion carried. 13. Bayfield County COVID-19 Report; Sara Wartman, Health Director; Health Director Sara Wartman provided an update regarding COVID-19. There have been three confirmed cases of COVID-19 in Bayfield County. Two people recovered successfully at home and one person passed away in the hospital. Questions were received from County Board Supervisors regarding false positives, false negatives, testing, the importance of contact tracing, and Bayfield County’s methods for prevention and reducing spread. There was mention of Governor Evers’ efforts, the statewide SOS Teams, and the State of Wisconsin’s “Badger Bounce Back” plan. 14. Consent Agenda – (This item may be acted on all as one. Or individually.) A. Motion Regarding the Minutes of the March 31st, 2020 Bayfield County Board of Supervisors’ Meeting; This agenda item will be forwarded until the next County Board Meeting. B. Report of the Bayfield County Planning and Zoning Committee No. 2020-05; Petition to amend the Bayfield County Zoning Ordinance regarding the Zoning of Northern States Power Company parcel in the Town of Cable from R-1 & W to all R-1; Rob Schierman, Planning and Zoning Director; County Administrator Abeles-Allison read the summary that Zoning Director Schierman provided. The Planning & Zoning Committee has approved and recommended this Report for approval. Motion by Strand, Zepczyk to receive and place on Zoning Report No. 2020-05. Motion carried. C. Bayfield County Ordinance No. 2020-05; Amendment regarding the Zoning Northern States Power Company parcel in the Town of Cable from R-1 & W to all R-1; Rob Schierman, Planning and Zoning Director; This Zoning Ordinance was approved and recommended by the Planning & Zoning Committee. 6 Motion by Rondeau, Strand to adopt Zoning Ordinance No. 2020-05. Motion carried. D. Bayfield County Amendatory Ordinance No. 2020-06; Amending Section 2-3-14 and 2-3- 19 of the Bayfield County Code of Ordinances to Combine Tourism and Fair and Fencing Committees; WHEREAS, Wisconsin Statutes Section 59.13 authorizes a County Board to create committees to perform certain duties; and WHEREAS, Bayfield County has created a committee for tourism (Bayfield County Ordinance, 2-3-14) and a committee for the county fair and fencing (Bayfield County Ordinance 2-3-19); and WHEREAS, Bayfield County believes the two committees should be combined in to one committee. NOW, THEREFORE, IT IS ORDAINED AS FOLLOWS, THAT PURSUANT TO Wis. Stat §59.13, the Bayfield County Board of Supervisors hereby amends its ordinance as follow: 1. Section 2-3-14 is amended to read as follows: “Tourism, Fair and Fencing Committee” 2. Section 2-3-14(b) is amended to read as follows: (b) Duties. The Tourism, Fair and Fencing Committee shall: (1) Supervise the County Tourism Department. (2) Work with the County Tourism Director in the development each year of a plan and budget establishing what the County expects the Department to accomplish each year with respect to promoting and advertising the recreational opportunities in Bayfield County. (3) Supervise the conduct and operation of the Bayfield County Fair and have full authority to do the same except as such authority may be expressly limited by resolution or direction of the County Board and the County budget. (4) Act on behalf of the County in its best interests in all fencing matters in which the County may be responsible under Ch. 90, Wis. Stats. 7 3. Section 2-3-19 is stricken. 4. This ordinance shall take effect upon passage and publication as provided by law. Motion by Rondeau, Crandall to adopt Amendatory Ordinance No. 2020-06, to combine Tourism and Fair and Fencing Committees into one committee. Motion carried. E. Bayfield County Resolution No. 2020-32; Budget Amendment for Hazardous Materials Emergency Preparedness Planning Grant; Department of Emergency Management; WHEREAS, Bayfield County Emergency Management applied for and received a Hazardous Materials Emergency Preparedness (HMEP) Planning Grant; and WHEREAS, the expenditures outlined in this grant will serve our citizens by providing hazardous materials training classes free of charge to local response and other interested agencies; THEREFORE, BE IT RESOLVED, that the Bayfield County 2020 budget be amended to show an increase in the: Revenue line item of 100-18-43523-007 for $10,156.00, and Expenditure line item of 100-18-52510-50290 for $10,156.00 FURTHER BE IT RESOLVED, that the Director of Emergency Management be authorized to execute documents related to the Hazardous Materials Emergency Preparedness Planning Grant on behalf of Bayfield County. Motion by Oswald, Rondeau to approve Resolution No. 2020-32, Budget Amendment for Hazardous Materials and Emergency Preparedness Planning Grant. A roll call was taken as follows: Sandstrom-yes, Dougherty-yes, Fickbohm-yes, Ray-yes, Oswald-yes, Silbert-yes, Pocernich-yes, Strand-yes, Snilsberg-yes, Milanowski-yes, Zepczyk-yes, Crandall-yes, Rondeau-yes. (13-yes) Motion carried. F. Bayfield County Resolution No. 2020-33; Budget Amendment for Department of Natural Resources Knotweed Control & DNR-WMA & DNR-CBCW Projects; Department of Land and Water Conservation; This Resolution has been reviewed and recommended for approval by the Land and Water Conservation Committee. WHEREAS, the Bayfield County Land and Water Conservation Department requests that their 2020 budget be amended as follows to reflect grant funding modifications; WHEREAS, the Land & Water Conservation 2020 budget was established anticipating zero carry over balance in the DNR Knotweed Control Project -2 (NWCMA) grant, however, the actual year-end-carry-over balance was $1,552.75 and the grant period runs July 10, 2019-June 30, 2020. WHEREAS, the Land & Water Conservation 2020 budget was established anticipating a remaining grant balance of $7,424.00 in the DNR-WMA 19-002 NCWMA grant, however, the 8 actual remaining balance for 2020 budget should be $6,963.85, therefore a decrease of $460.15; WHEREAS, the Land & Water Conservation 2020 budget was established anticipating a grant for DNR/CBCW-Lake Superior in the amount of $12,000.00, however, the grant has been cancelled. NOW, THEREFORE, BE IT RESOLVED, that the Bayfield County Board of Supervisors, meeting this April 21st, 2020, approve the following budget amendments to reflect modifications to the grant, cost-share and/or cooperative agreements. Increase revenue account 100-28-43282-001 (DNR Knotweed Control Project-2) by $1,552.75 Increase expense account 100-28-56134-50290 Contractual (DNR Knotweed Control Project-2) by $1,552.75 Decrease revenue account 100-28-43590-103 (DNR-WMA 19-0002) by $460.15 Decrease expense account 100-28-56139-50290 Contractual (DNR-WMA 19-0002) by $460.15 Decrease revenue account 100-28-43590-104 (DNR/CBCW-Lake Superior) by $12,000.00 Decrease expense account 100-28-56131-50123 Temp. Empl. (DNR-WMA 19-0002) by $10,000.00 Decrease expense account 100-28-56131-50151 FICE/Medi (DNR-WMA 19-0002) by $1,000.00 Decrease expense account 100-28-56131-50332 Mileage (DNR-WMA 19-0002) by $1,000.00 Motion by Strand, Rondeau to approve Resolution No. 2020-33, Budget Amendment for the Department of Natural Resources Knotweed Control & DNR-WMA & DNA-CBCW Projects. A roll call was taken as follows: Sandstrom-yes, Dougherty-yes, Fickbohm-yes, Ray-yes, Oswald-yes, Silbert-yes, Pocernich-yes, Strand-yes, Snilsberg-yes, Milanowski-yes, Zepczyk-yes, Crandall-yes, Rondeau-yes. (13-yes) Motion carried. G. Bayfield County Resolution No. 2020-34; Budget Amendment Authorizing Funds to Expand the Home Delivered Meals Program during the COVID-19 Pandemic; Department of Human Services; The funds for the expansion of the Home Delivered Meals Program have been budgeted from Risk Reserve from the Human Services Fund. WHEREAS, due to the COVID-19 Virus Bayfield County closed all congregate meal sites; and, WHEREAS, many participants at the congregate meal sites were over 75 years old and at or below federal poverty levels; and, WHEREAS, the congregate meal program is designed to provide seniors in need with meals to maintain health and well-being; and, WHEREAS, Bayfield County Human Services has proposed to provide supplemental services to those most in need including approximately 33 former congregate meal site participant and 75 individuals who meet the HDM criteria but were mobile and attending congregate meal sites; and, 9 WHEREAS, the Board Chair and Vice Chair during an emergency declaration session on Thursday, March 19 approved proceeding with this effort. NOW, THEREFORE, BE IT RESOLVED, that the Bayfield County Board of Supervisors assembled this 21st day of April 2020, authorizes the use of up to $40,000 to provide delivered shelf-stable and hot meals to these vulnerable populations as determined by the Bayfield County Aging and Disabilities Section of the Department of Human Services. BE IT FURTHER RESOLVED, that these funds will come from the Human Services Risk Reserve. Increase DHS Fund Balance 235-50-49301 by $40,000 Increase Contractual Services 235-56-54610-50299 by $40,000 Motion by Crandall, Rondeau to approve Resolution No. 20202-34, Budget Amendment Authorizing Funds to Expand the Home Delivered Meals Program during the COVID-19 Pandemic. A roll call was taken as follows: Sandstrom-yes, Dougherty-yes, Fickbohm-yes, Ray-yes, Oswald-yes, Silbert-yes, Pocernich-yes, Strand-yes, Snilsberg-yes, Milanowski-yes, Zepczyk-yes, Crandall-yes, Rondeau-yes. (13-yes) Motion carried. H. Discussion and Possible Action regarding SBA CARES Act Loan and Northern Lights Health Care; Northern Lights has bonds in Bayfield County’s name. Part of the lease agreement with Northern Lights specifies that Northern Lights must seek permission from Bayfield County in order to receive outside funding. Northern Lights has applied for a PPP Stimulus Grant and received these funds. Motion by Silbert, Fickbohm to approve the loan/grant for Northern Lights Health Care. Motion carried. I. Bayfield County Resolution No. 2020-35; Special Assessment Settlement; Dept of Land Records; Corporation Counsel John Carlson explained the Special Assessment Settlement and the reason behind it. It applies mainly to foreclosed buildings. This Resolution was approved by the Land Sales Committee at their last meeting. WHEREAS, Wisconsin Statutes s. 74.29 provides that it is discretionary for a county to settle in full with a local unit of government for special assessments and charges; and WHEREAS, Wisconsin Statutes s. 75.365 authorizes agreements as to delinquent taxes, including special assessments and charges, between counties and local units of governments; and WHEREAS, it is in the best interest of Bayfield County to enter into agreements with local units of government which set forth terms by which Bayfield County would settle in full on delinquent special assessments and charges: and 10 WHEREAS, Bayfield County, on a regular basis, takes title to parcels of real estate throughout Bayfield County through in-rem procedures outlined in Wisconsin Statutes; and WHEREAS, outstanding taxes and special assessments and charges remain unpaid when said properties are foreclosed upon through the in-rem process; and WHEREAS, Bayfield County often incurs financial losses because the amount of said outstanding taxes, special assessments and charges exceeds the sale price value of the property; and WHEREAS, attached is a sample Agreement as to Delinquent Special Assessments and Charges that provides mutual financial benefits to both Bayfield County and the participating local unit of government; and WHEREAS, said Agreement will be offered to all local units of government within Bayfield County on an equal basis; and WHEREAS, the Agreement recognizes specific local units of government may, at their discretion or option, decide whether or not it is to their advantage to elect to execute said Agreement. NOW, THEREFORE, BE IT RESOLVED, by the Bayfield County Board of Supervisors that Bayfield County shall settle in full for all delinquent special assessments and charges with those local units of government which enter into an Agreement as to Delinquent Special Assessments and Charges, which is in conformity with Wisconsin Statute s. 75.365, and in substantially the same format and language of the attached agreement; and BE IT FURTHER RESOLVED, that Bayfield County shall not settle in full for delinquent special assessments and charges with those local units of government which decide, in the exercise of their discretion, not to enter into said Agreement; and BE IT FURTHER RESOLVED, the Bayfield County Board Chairman and the County Clerk are hereby authorized to execute all Agreements on behalf of Bayfield County with those local units of government which elect to enter into said Agreement with the County; and BE IT FURTHER RESOLVED, that any prior resolution and/or policies inconsistent with this resolution are hereby revoked; and BE IT FURTHER RESOLVED, that the settlement process outlined above shall commence on the 21st of April 2020. Motion by Rondeau, Milanowski to approve Resolution No. 2020-35, Special Assessment Settlement. Motion carried. 15. Public Comment – (Limited to 3 minutes per person, 15 minutes maximum.) Jan Victorson from Emergency Management provided updates regarding the contributions that the Emergency Management Department has made during the COVID-19 pandemic. Many donations have been received for both medical and non-medical communities. 11 Supervisor Sandstrom shared that a Chequamegon Bay Mask-Makers Volunteer Group has made thousands or masks. County Administrator Abeles-Allison shared a point of information regarding mini-grants for local EMS Providers. As a thank you, the Bayfield County Board will be discussing payment of $500 per unit for 9 units that serve Bayfield County. This will be reviewed by the full County Board at the next meeting. 16. Bayfield County Board of Supervisors Orientation & Packet Distribution; Three Main Topics were Discussed: 1. Ethics Ordinance – was reviewed by Corporation Counsel John Carlson. Bayfield County adopted an Ethics Code approximately ten years ago. 2. Open Meetings & Quorums – Human Resources Director Kris Kavajecz provided information about open meetings & quorums. By Wisconsin law, all public meetings must be open meetings. 3. Budget – County Administrator Abeles-Allison summarized the Bayfield County Budget. 17. Bayfield County Administrator’s Report: a) Future County Board Meeting Dates: The following meetings are all regularly scheduled. ✓ May 26th, 2020 ✓ June 30th, 2020 ✓ July 28th, 2020 b) Update regarding Red Cliff Lawsuit; There is a Zoning Lawsuit between Bayfield County and the Red Cliff Tribe. To summarize, it involves the zoning authority of fee-simple land. Bayfield County appealed and is currently involved in meditation. c) Courthouse/Annex COVID-19 Planning; There has not been a significant change in Bayfield County services, despite most employees working remotely. A return to work plan is being worked on. 18. Supervisors’ Reports; Questions were received regarding committee assignments. It was reported that committee meetings and County business are continuing to operate remotely. The Director and staff at Northern Lights were acknowledged for doing excellent work. They were complimented for their creativity amidst the challenging work and additional challenges that COVID-19 provides. 12 19. Adjournment. There being no further business to come before the Bayfield County Board of Supervisors, Chair Pocernich adjourned the meeting at 11:20 a.m. Respectfully submitted, Scott S. Fibert Scott S. Fibert, Bayfield County Clerk SSF/alr