HomeMy WebLinkAboutCounty Board of Supervisors - Minutes - 6/30/20201
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
June 30, 2020 6:00 p.m.
Bayfield County Board Room, Bayfield County Courthouse, Washburn, WI
The Bayfield County Board of Supervisors meeting was called to order at 6:00 p.m. by Bayfield County
Chairman, Dennis Pocernich. A roll call was taken by County Accountant- Kim Mattson, as follows: Dennis
Pocernich- present; Fred Strand- present; Steve Sandstrom-present; Mary Dougherty-present; Larry
Fickbohm- present ; Charly Ray-present; Jeremy Oswald- present; Jeffrey Silbert-present, Thomas Snilsberg-
present; Marty Milanowski-present; David Zepczyk-present; James Crandall-present; Brett Rondeau-present.
Total: 13 present, 0 absent. A quorum was present to conduct business.
The following were also present for today’s meeting: County Administrator- Mark Abeles-Allison;
Accountant- Kim Mattson; Bayfield County Child Support Administrator-Jennifer Osmak (via Microsoft
Teams); Health Director- Sara Wartman (via Microsoft Teams), and Mark Carriveau of Bayfield Wireless
3. Pledge of Allegiance; The Pledge of Allegiance was recited by all in attendance.
4. Public Comment; None
5. Moment of Silence for John Blahnik, former County Board Supervisor
6. Public Health Update, COVID-19, Sara Wartman: Sara updated the Board with recent
COVID testing results from Iron River and Drummond. No new cases in Bayfield County.
7. Bayfield County Resolution No. 2020-57; In Recognition and Appreciation of Bryan Paulsen
for 27 years of commitment and service to the Sheriff’s Office;
WHEREAS, Bryan Paulsen has served Bayfield County with distinction, honor and dedication in
the Sheriff’s Office for over 27 years,
NOW, THEREFORE, BE IT RESOLVED, that the Bayfield County Board of Supervisors
assembled this 30th day of June 2020 honors Bryan Paulsen for his 27 years of public service to
Bayfield County and expresses gratitude for his efforts, wishing him well in the years ahead.
Motion by Rondeau, Zepczyk to approve Resolution No. 2020-57, in appreciation of Bryan
Paulsen and his 27 years of service in the Bayfield County Sheriff’s Department. Motion
carried, 13-0
8. Bayfield County Resolution No. 2020-58; In Recognition and Appreciation of Daniel Clark
for 38 years of commitment and service to the Sheriff’s Office;
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Jeremy Oswald thanked both officers for the 65 years of combined service and wished they were
there to thank them.
WHEREAS, Daniel Clark has served Bayfield County with distinction, honor and dedication in
the Sheriff’s Office for over 38 years,
NOW, THEREFORE, BE IT RESOLVED, that the Bayfield County Board of Supervisors
assembled this 30th day of June 2020 honors Daniel Clark for his 38 years of public service to
Bayfield County and expresses gratitude for his efforts, wishing him well in the years ahead.
Motion by Rondeau, Oswald to approve Resolution No. 2020-58, in appreciation of Daniel
Clark and his 38 years of service in the Bayfield County Sheriff’s Department. Motion
carried, 13-0.
9. Bayfield County Resolution No. 2020-59; In Recognition and Appreciation of Nancy Brown
for 29 years of commitment and service in the Departments of Human Services, Veterans
Services and Emergency Management
Jeremy Oswald thanked Nancy for her years of service in the different departments.
WHEREAS, Nancy Brown has served Bayfield County with distinction, honor and dedication in
the Human Services, Veterans Services and Emergency Management,
NOW, THEREFORE, BE IT RESOLVED, that the Bayfield County Board of Supervisors
assembled this 30th day of June 2020 honors Nancy Brown for her 29 years of public service
to Bayfield County and expresses gratitude for her efforts, wishing her well in the years ahead.
Motion by Oswald, Milanowski to approve Resolution No. 2020-59, in appreciation of Nancy
Brown and her 29 years of service to Bayfield County. Motion carried, 13-0.
10. Bayfield County Resolution No. 2020-60; In Recognition and Appreciation of Mike
Gustafson for 30 years of commitment and service in the Bayfield County Highway
Department.
Jeremy Oswald thanked Mike for his years of service.
WHEREAS, Mike Gustafson has served Bayfield County with distinction, honor and dedication
in the Highway Department,
NOW, THEREFORE, BE IT RESOLVED, that the Bayfield County Board of Supervisors
assembled this 30th day of June 2020 honors Mike Gustafson for 30 years of public service to
Bayfield County and expresses gratitude for his efforts, wishing him well in the years ahead.
Motion by Crandall, Milanowski to approve Resolution No. 2020-60, in appreciation of Mike
Gustafson and his 30 years of service to Bayfield County. Motion carried, 13-0.
11. Resolution, No 2020-61, Budget Amendment Authorizing NexGEN 9-1-1 Grant
Expenditures.
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WHEREAS, the Wisconsin Department of Military Affairs/Office of Emergency
Communications has awarded the Bayfield County Sheriff’s Office a grant to assist in the
upgrade to NextGen9-1-1 equipment; and
WHEREAS, Motorola has projected expenses for the program/projects related to upgrading
to the NextGen9-1-1 to be $130,000; and
WHEREAS, the total NexGen9-1-1 grant award is equal to $ 76,900.00 to be used until June
30, 2021; and
WHEREAS, the County Board authorized through Resolution 2020-08 to submit the grant
and cover the remaining 40% of the total cost;
NOW, THEREFORE, BE IT RESOLVED, that the Bayfield County Board of Supervisors
assembled this 30th day of June 2020 does hereby authorize the 2020 Sheriff’s Office budget
be amended to reflect increase in revenues and expenses to:
Increase Revenue 430-17-43522-010 by $ 76,900
Increase Transfer to CIP 100-00-59430-50820 by $ 53,100
Increase Transfer from Other Funds 430-70-49201 by $ 53,100
Increase Contractual Expenses 430-17-52605-50350 by $ 45,238
Increase Capital Equipment 430-17-52605-50810 by $ 50,000
Increase Capital Improvements 430-17-52605-50820 by $ 34,762
Decrease HRA 100-17-52101-50156 by $ 53,100
Motion by Silbert, Rondeau to approve Resolution No. 2020-61. 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, 0-no) Motion carried.
12. Child Support Annual Report; Jennifer Osmak
Child Support Director Jennifer Osmak presented the mission statement, responsibilities, and
successes of the department. She also presented the budget overview, goals, statistics, and new
trends.
Motion by Rondeau, Zepczyk to receive and place on file. Motion carried, 13-0.
13. Discussion and Possible Action Regarding Bayfield Wireless Maple Hill Tower Agreement
and Bayfield Wireless Annual Report. Mark Carriveau presented the Bayfield Wireless
Annual Report. The majority of the year was spent building infrastructure. The new goal is to
expand from there and reach the communities.
Motion by Rondeau, Oswald to receive and place on file. Motion carried, 13-0.
THIS LEASE AGREEMENT (“Lease”), made this 1st day of July, 2020, by and between The
County of Bayfield, Wisconsin, hereinafter referred to as “Landlord”, and Waypoint Experts,
LLC dba Bayfield Wireless, a Wisconsin Limited Liability Company, with its principal office
and place of business at 88755 Compton Road, Bayfield, Wisconsin, with mailing address of PO
Box 586, Bayfield, WI 54814, hereinafter referred to as “Tenant” or as “Bayfield Wireless.”
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Landlord and Tenant may, from time to time throughout this Lease, be referred to individually as
“Party” or collectively as “Parties.
WHEREAS, Landlord has a leasehold interest in certain real property (located in the NE1/4 of
the SE1/4 of Section 29, T49N, R5W, in the Town of Washburn, Bayfield County, Wisconsin:
46 degrees, 41 minutes, 33.6 seconds NORTH, 91 degrees, 00 minutes, 38.0 seconds WEST,
Physical address: 77255 W Maple Hill Road, Washburn, Wisconsin, hereinafter referred to as
“Lands”; and
WHEREAS, Landlord is the owner of a radio transmission Tower of approximately 180 feet
in height along with a secure equipment shelter building, all of which is located on the Lands
described above; and
WHEREAS, Tenant has a desire to provide communications using suitable pre-existing
communications towers when they meet Tenant’s policy and operating objectives;
AND WHEREAS, Tenant desires to occupy, and Landlord is willing to provide, attachment
locations upon the Tower for the placement of Tenant’s antennas, cabling and ancillary
equipment (“Tower Space”) as well as certain space within the Landlord’s shelter building if
applicable. Collectively the Tower Space and the Shelter building space shall be referred to
hereinafter as the “Leased Space”;
NOW, THEREFORE, in consideration of the terms, covenants, and conditions herein
contained and for good and valuable consideration, the Landlord and Tenant do covenant and
agree as follows:
1. TERM: The initial term (“Initial Term”) of this Lease shall commence on 1st day of July,
2020 ("Commencement Date") and shall extend twenty (20) years from that date
(“Expiration Date”), except that this Lease may be terminated prior to the Expiration Date
as hereinafter provided. Any extension of this lease after the Expiration Date, will require
a new lease agreement between the Landlord and Tenant. Tenant shall provide Landlord
with written notice at least 180 days prior to the said Expiration Date of Tenant’s desire to
negotiate a new lease agreement.
2. RENT: Tenant shall be permitted to occupy the Leased Space with its equipment, as
described in Section 4 hereinafter, with an annual Tower Access Fee payment by the
Tenant to the Landlord in the amount of $2,400 per year, with payment due beginning one
year from the commencement of the Lease.
3. TERMINATION: Except as otherwise provided herein, this Lease may be terminated
prior to the Expiration Date as follows:
a. by Tenant, in the event Tenant is denied federal, state or local governmental
permits or authorization or is in anyway prevented from utilizing the Tower, Lands
or other improvements it deems necessary either after commencement or part of
the permitting process or is denied approval for installing all of its desired
equipment on the Leased Space, and such denial effectively prevents Tenant, in its
reasonable opinion, from utilizing this site for its communications system, then,
upon written notification to Landlord, Tenant shall have the option to immediately
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terminate this Lease, the same as though this Lease had not been entered into and
this Lease shall no longer be of any force and effect.
b. by Landlord any time, in the event Landlord is so instructed and ordered to remove
or cease use of the Tower, equipment and other improvements (whether owned and
operated by Landlord or Tenant) by any federal, state or local governmental
agency having jurisdiction over Landlord's or Tenant’s operation or use of the
Tower, including the Landlord’s use of the Lands, Tower and its use of them as a
communications site.
c. by written agreement between the Parties for any reason whatsoever.
4. PERMITTED EQUIPMENT: Landlord hereby grants to Tenant, and Tenant hereby
receives and accepts from Landlord, the right, authority and permission to do all the
following:
a. For equipment, antennas, and space on the Tower as set forth in Exhibit “A”;
Install equipment for the operation of a fixed wireless internet service. No other
uses shall be permitted without the Landlords’ written consent”.
At such time as the Tenant may elect to add to, improve or modify the equipment set forth
in Exhibit “A” of this agreement, Landlord shall not unreasonably withhold approval of
such equipment changes necessary to establish, preserve and maintain essential
communications as determined by the Tenant. Tenant agrees to cooperate with the
Landlord to properly plan any addition, modification or improvement of facilities at the
Leased Space so as to ensure quiet enjoyment of each space by the Landlord and its
Tenants. Tenant understands that the primary purpose of the tower is public safety and that
the county’s first priority is to that purpose.
5. INSTALLATION / MAINTENANCE: All installations, maintenance, repair, replacement
and removal of Tenant’s equipment on the Tower Space shall be performed to Landlord’s
specifications and only by qualified employees of Tenant, its selected contractors or
licensed, bonded and insured contractors of Tenant who have been approved by Landlord,
all at Tenant’s sole cost and expense. Items attached to the Tower, e.g. cable ladder,
antenna brackets, etc., shall not be removed upon termination of this lease unless Landlord
agrees and gives approval to the removal. Landlord and Tenant agree that assuring
adequate structural capacity of the communications Tower identified in this lease is
mutually beneficial to the parties. Therefore, Tenant, at its own expense, agrees to
undertake a structural analysis as Landlord may request to determine capacity of the
Tower to support Tenant’s proposed use. Tenant’s contractors shall, prior to commencing
any work on Landlord’s Tower, produce evidence of such license, bond and insurance to
Landlord. All installations, maintenance, repair and replacement of Tenant’s equipment
not on or attached to the Tower shall be performed only by Landlord approved contractors
of Tenant or by Landlord if its facilities are in its reasonable opinion to be affected.
6. APPROVALS: Tenant hereby agrees to procure all necessary public authority and permits
for Tenant’s use of the Leased Space as a communications site, including the construction,
installation, operation, repair, maintenance, replacement, removal and use of all
appurtenant equipment and site improvements. Furthermore, Tenant shall be responsible
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for all costs and expenses associated with obtaining any authorization, approval or permit
associated with the use of the Leased Space.
7. SUBLETTING / ASSIGNMENT: Tenant may not sublet its leasehold interest nor assign
its right, title and/or interest in and to this Lease in whole or in part without the prior
written approval of Landlord. Any request for subleasing or assignment shall include the
proposed sublessee’s or assignee’s name, place of business, financial reports and any other
financial information Prior to execution, Tenant will provide a copy of the proposed
sublease or assignment agreement, any changes from the existing communication and
electrical equipment specifications, operating frequencies, any proposed change in
location of equipment on the Tower and within the Equipment Building, transmission
cabling or other connections, and further provided that such equipment does not in any
manner interfere with the operation or signal reception and transmission of Landlord or
other Tower users’ existing or future equipment. Under an approved sublease or
assignment, Tenant shall remain primarily responsible for all terms of this Lease described
herein, but Landlord may at its sole discretion charge such subtenant or assignee
reasonably calculated market rent.
8. TENANT ACCESS: Tenant shall have reasonable and continuous access on a 24 hour
basis to and from the Leased Space utilizing the driveway located on the Lands for routine
and emergency maintenance of Tenant’s equipment located in the equipment building. In
the event Tenant discovers or is made aware of an emergency situation, Tenant shall
report the problem to Landlord or Landlord’s designee immediately.
Tenant shall not be permitted at any time to transfer, move or adjust Landlord’s antennas,
cables, connectors, attachments or microwave dishes (if existing at some future date) or any
other equipment of Landlord without the prior written consent of Landlord. Upon completion
of Tenant’s work, Landlord may inspect, test and check its equipment to verify that its
communication system and equipment have not been damaged or moved and are performing
to its satisfaction. If Landlord discovers any damage or if Landlord’s equipment requires
adjustment, and reasonably determines such damage is resultant from or adjustment
necessary due to the installation of Tenant’s equipment or other work being performed by or
on behalf of Tenant, Landlord shall notify Tenant and perform such work as it deems
reasonably necessary. Tenant agrees to reimburse Landlord for the reasonable costs of said
inspection and any resultant work upon presentation of a bill thereof. All of Tenant’s work
shall be coordinated with Landlord’s communications supervisor or such other person
Landlord may from time to time designate. Tenant’s failure to coordinate all initial work and
all subsequent repairs or replacement of equipment on the Tower with Landlord or work that
could affect Landlord’s equipment shall be considered a material default and,
notwithstanding Tenant’s other rights provided hereinafter to receive written notice and cure
period, Landlord may, at its sole discretion, immediately terminate this Lease.
9. REPLACEMENT OF TOWER: In the event Landlord’s communication requirements
change such that it requires a larger or different Tower and in Landlord’s reasonable
discretion elects to replace the Tower or if the Tower is damaged and requires replacement
or repair, the Parties hereto shall be responsible for the timely removal, reinstallation and
all costs thereof for their respective equipment. If upon reasonable notice from Landlord,
Tenant fails to remove its equipment in a timely manner, Landlord reserves the right to
remove Tenant’s equipment and Tenant agrees to promptly reimburse Landlord for its
expenses upon presentation of a bill therefore.
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10. TENANT DAMAGE / INTERFERENCE WITH OPERATION: Tenant agrees that proper
operation of Landlord’s broadcast stations subject to the FCC license conditions (and
unlicensed operating parameters, if applicable) of Landlord’s station operating authority at
the tower site(s) referenced are primary. Tenant agrees to fully cooperate with the
Landlord to minimize any disruption of RF radiation pattern or other operating parameter
of Landlord’s broadcast operations. Tenant covenants and agrees that Tenant’s equipment,
its installation, operation and maintenance will:
a. In no way damage the Tower or accessories thereto, Landlord’s facilities or other
site improvements. Tenant shall exercise special precaution to avoid damage to
facilities of Landlord or of other authorized users of the Tower, now existing or at
some point in the future, and Tenant hereby assumes all responsibility for any and
all damage to facilities of Landlord or authorized users arising out of or caused by
the conduct or property of Tenant, its employees, contractors and invitees and not
due to or from the Landlord’s negligence. Tenant shall make an immediate report
to Landlord of the facilities affected by the occurrence of any damage and in the
event such damage is due to Tenant, its employees, contractors or invitees, Tenant
hereby agrees to reimburse Landlord and/or other authorized users for the expenses
incurred by Landlord and/or other authorized users in making the necessary repairs
and replacements.
b. Not interfere with the maintenance of the Tower, Landlord facilities or other
Landlord improvements performed by or on behalf of Landlord.
c. Comply with all applicable rules, regulations and codes of the federal, state and
local agencies having jurisdiction over the operation of Landlord's or Tenant’s
business or occupation of Landlord's Tower.
d. Comply with all applicable rules, regulations and codes regarding the potential
designation of the tower as a National Historic Site or similar designation.
11. SIGNAL INTERFERENCE: Landlord and Tenant mutually agree not to interfere with the
operation of or cause signal interference with the other Party’s communication equipment
(if such exists) due to the operation of communication equipment or electrical
interference, whether initially installed hereunder or at some future date, which is
reasonably designed and installed to operate without interference from each other’s
equipment. Landlord agrees to grant Tenant exclusive use of frequency bands ranging
from 902MHz – 928MHz, 2412MHz – 2462MHz, 2496MHz – 2690MHz, 3550MHz –
3700MHz, and 5180MHz – 5850MHz for Tenant equipment operated at the Leased
Space. Prior to the installation of any equipment by Tenant, it shall provide such
information to Landlord in writing for review of possible signal interference, with
complete equipment specifications, including but not limited to: antennas, tower dishes,
ground dishes, transmission cables, receivers and transmitters, frequencies and power
output thereof, modulation mode, all appurtenant equipment, and the preferred location of
all equipment on the Tower. Furthermore, Tenant shall completely install and test its
equipment in a full operational mode for Landlord and Tenant to reasonably determine the
existence of any signal interference caused by either Party’s equipment prior to Tenant
being commercially operational. Whether during testing or once commercially
operational, in the event it is reasonably determined by Landlord that Tenant’s equipment
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causes signal interference with Landlord’s communication equipment to the extent that
Landlord’s communications are materially impacted as determined solely by Landlord,
Tenant’s equipment shall immediately cease operation. Upon receipt of notice of such
interference from Landlord, Tenant will promptly take all steps necessary to correct and
eliminate the interference at its sole cost and expense. If Tenant’s equipment is at fault and
Tenant is unable to eliminate the interference, Tenant shall so advise Landlord and
provide Landlord or its qualified contractors the opportunity to review, assess and make
repair suggestions. If Landlord and Tenant are unable to eliminate the interference caused
by Tenant’s equipment within sixty (60) days of receipt of notice of such interference
from Landlord, Landlord may elect to terminate this Lease agreement with thirty (30) days
written notice.
12. RESTORATION: Tenant hereby agrees to restore Landlord’s Lands to the condition
existing prior to any disturbance resulting from Tenant’s construction, operations,
maintenance, repair, replacement or removal, whether temporary or permanent, of its
equipment or any damage caused to Lands resulting from the use permitted herein. Such
restoration shall include, but not be limited to the spreading of topsoil and sowing of
perennial type grass seed on any disturbed areas, replacement of crushed stone and/or
paved surfacing, replanting of shrubs and other ground cover, repair of fences, or other
damages incurred due to or arising out of the permitted use described hereinabove in
accordance with plans submitted by Tenant to Landlord for its approval. 13. DAMAGE
TO
13. LANDLORD IMPROVEMENTS: In the event existing site improvements located on the
Tower, on the Lands, or on any adjoining property owners lands are damaged as the result
of Tenant’s construction, excavation, installation, operation, maintenance, repairs,
removals, use of the Lands, Leased Space, or the Tower, Tenant shall take whatever action
is necessary to repair or replace the damaged improvement (other than to the Tower, in
which case Landlord shall repair and bill the Tenant therefore) or, if to other buildings, or
adjoining property owners, to the condition existing prior to such damage.
14. TAXES: During the Initial Term and any Renewal Term, Landlord shall be responsible
for any increase of taxes on the Lands, Tower or Leased Space, such taxes being defined
as any and all federal, state and local governmental, quasi-governmental or public
authority taxes, assessments and charges of any kind or nature, whether general, special,
ordinary or extraordinary (but not including income or franchise taxes or any other taxes
imposed upon or measured by Landlord's income or profits, except as provided below), or
payments to governmental authorities in lieu thereof, whether or not in contemplation of
the Parties to this Lease, which Landlord shall pay or become obligated to pay because of
or in connection with the personal property, fixtures, machinery, equipment, systems and
apparatus of Tenant located thereon or used in connection therewith. Taxes shall include,
without limitation, all real and personal property taxes (as further described in Section 15),
sales taxes, assessments (special or otherwise), fire inspections, transit taxes and ad
valorem taxes, but shall not include penalties or late fees thereon unless the penalty and/or
late fees are directly attributable to Tenant. Taxes shall also include all fees, costs and
expenses (including legal fees and court costs) paid by Landlord in connection with
protesting or contesting or seeking a refund or reduction of and/or negotiating with public
authorities with respect to any of the aforesaid taxes, regardless of whether Landlord is
ultimately successful. If at any time during the term of this lease, a tax or excise on rents
or other tax however described, other than an income tax, is levied or assessed by the
United States or the State of Wisconsin, or any political subdivision thereof, on account of
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the rents hereunder or the interest of Landlord under this Lease, such tax shall constitute
and be included in taxes. Any taxes paid by Landlord hereunder shall be reimbursable to
Landlord by Tenant as Additional Rent.
15. PERSONAL PROPERTY TAXES: Tenant agrees to pay, before delinquency, any and all
taxes levied or assessed and which become payable during the term hereof upon Tenant’s
equipment, fixtures, and other personal property which includes but is not limited to its
antenna(s), transmission cable(s), and all other appurtenant and ancillary equipment or
improvements, located on the Lands, Tower or Leased Space, whether permitted by this
Lease or not, and whether said taxes are assessed against Landlord or Tenant and upon all
alterations, additions or leasehold improvements made by or for Tenant and if any such
alteration, addition or leasehold improvement is nevertheless included in Landlord’s real
estate or personal property tax assessment and bill, Tenant shall reimburse Landlord with
respect thereto. Any taxes paid by Landlord hereunder shall be reimbursable to Landlord
by Tenant as Additional Rent.
16. INSURANCE: During the term of this Agreement, Tenant shall maintain the following
insurance:
a. Worker’s Compensation:
1. Coverage A: Limits – Statutory
2. Coverage B: Employer’s Liability Limits
3. Bodily Injury by Accident - $100,000 each accident minimum
4. Bodily Injury by Disease - $100,000 each employee minimum
5. Bodily Injury by Disease - $500,000 policy limit minimum
b. Comprehensive General Liability Limits: $1,000,000 bodily injury and
$1,000,000 property damage.
c. Automobile Liability Insurance, with a combined single limit of $1,000,000 for
each person and $1,000,000 for each accident.
The Certificates of General and Automobile Liability Insurance must name the Landlord
as an additional insured on the policy and must require that a thirty (30) day cancellation
notice be given to the Landlord. An updated copy of the Certificate must be provided
anytime a change is made to any policy.
17. CONSTRUCTION AND OTHER LIENS: Tenant shall have no authority, express or
implied, to create or place any lien or encumbrance of any kind or nature whatsoever
upon, or in any manner to bind, the interest of Landlord in the Lands, Tower, or other site
improvements or to charge the rent payable hereunder for any claim in favor of any person
dealing with Tenant, including those who may furnish materials or perform labor for any
construction or repairs. Tenant covenants and agrees that it will pay or cause to be paid all
sums legally due and payable by it on account of any labor performed or materials
furnished in connection with any work performed on the Lands, the Tower by or at
Tenant’s direction on which any lien is or can be validly and legally asserted against its
leasehold interest in the Lands, Tower, or other site improvements thereon and that it will
save and hold Landlord harmless from any and all loss, liability, cost or expense,
including costs of suit and reasonable attorney’s fees, based on or arising out of asserted
claims or liens against the leasehold interest of the Tenant in the Leased Space or against
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the right, title and interest of Landlord in the Lands, Tower, and other improvements or
under the terms of this Lease. Tenant will not permit any construction lien or any other
liens which may be imposed by law affecting Landlord's leasehold interest in the Leased
Space or Landlord’s right, title and interest in the Lands, Tower, and/or other
improvements to be placed upon the Lands, Tower, and other improvements arising out of
any action or claimed action by Tenant, and in case of the filing of any such lien Tenant
will promptly pay same. If any such lien shall remain in force and effect for ten (10) days
after written notice thereof from Landlord to Tenant and Tenant as not posted with
Landlord a bond in the amount of at least 125% thereof, Landlord shall have the right and
privilege of paying and discharging the same or any portion thereof without inquiry as to
the validity thereof, and any amounts so paid, including expenses and interest, shall be so
much Additional Rent hereunder due from Tenant to Landlord and shall be paid to
Landlord immediately on presentation of a bill therefore.
18. UTILITIES AND SERVICE FEES: Utility (electrical) fees shall be paid by the Landlord
as agreed.
19. DIGGERS HOTLINE: Tenant shall contact Diggers Hotline at (800) 242-8511 to locate
any underground facilities at least five (5) days prior to any work, excavation, construction
or equipment removal on the Lands or adjoining lands in order to determine the location
of electric, telephone, communication, water and natural gas facilities within the Lands or
adjoining lands in the vicinity of the contemplated work and the applicable clearance
requirements for work performed in the proximity of such facilities. Tenant hereby agrees
to obtain permission from the appropriate property owner(s) prior to entering or
performing any work on the Lands.
20. CONDEMNATION: If all or substantially all of the Landlord’s Lands, Tower or
Equipment Building are sold to or taken by any public or quasi-public authority under its
power of condemnation or the threat thereof, this Lease shall terminate as of the date
possession shall be transferred to the acquiring authority. Upon any taking of only a part
of or less than substantially all of the Lands or Tower by any public or quasi-public
authority, and such taking doesn’t materially affect Landlord’s or Tenant’s ability to
utilize the Leased Space, Lands, Tower as it requires, then this Lease shall be unaffected
by such taking, except that if the remaining area of the Leased Space, Lands, Tower, or
after a partial taking shall not be reasonably sufficient for Tenant, by its own reasonable
determination, to continue feasible operation of its business, Tenant may terminate this
Lease up to 30 days following the date possession of the affected portion of the Leased
Space, Lands, or Tower shall be transferred to the acquiring authority.
21. GOVERNMENTAL JURISDICTION: Tenant shall, in the use and occupancy of the
Leased Space as a communications site, comply with laws, ordinances, rules and
regulations of all Federal, State, County, and other governmental bodies having
jurisdiction over the operation of Landlord’s or Tenant’s business or occupation of said
Towers.
22. TENANT’S DEFAULT: Upon the occurrence of any of the below enumerated events of
default by Tenant, Landlord shall have all rights and remedies available hereunder or at
law or in equity, all of which rights and remedies shall be cumulative, including the right
to terminate this Lease by written notice to Tenant. Upon such termination, Tenant shall
be obliged to forthwith return the possession of the Leased Space to Landlord, and
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notwithstanding the termination of this Lease, shall also be liable to Landlord for all
unpaid rent, if any is applicable, effective on the date of any such default, all unpaid
Additional Rent and other payments hereunder to the end of the Lease term or then current
renewal term, and for all reasonable costs, expenses and attorneys' fees that shall be
incurred by Landlord in enforcing the covenants and agreements of this Lease. Upon the
failure of Tenant upon such termination to return the possession of the Leased Space to
Landlord, Landlord shall have the right to enter upon the Leased Space without judicial
process and repossess the same without liability therefore, and without prejudice to any
other rights and remedies herein stated. No such repossession of the Leased Space by
Landlord or reletting thereof shall constitute a termination of Tenant’s obligations under
this Lease. The following shall constitute events of default by Tenant:
a. the failure by Tenant to pay any installment of rent or any other payment required
hereunder;
b. any breach or failure by Tenant to observe or perform any of its other obligations under
the Lease and the failure of Tenant to cure such breach or failure within 30 days after
notice in writing to Tenant thereof;
c. the subjection of the Lands, Tower, Leased Space, or other improvements located on the
Lands to any lien, levy or attachment caused by acts or omissions of the Tenant and the
failure to obtain the release thereof within ten (10) days or of Landlord’s written demand
therefore.
23. REMOVAL OF TENANT PROPERTY / IMPROVEMENTS: Upon expiration or earlier
termination of Tenant’s interest in this Lease, Tenant shall peaceably surrender the Leased
Space to Landlord and further, shall remove all of its communication equipment, ground
equipment, and other personal property unless previously offered to and purchased by
Landlord. There shall be no abandonment of improvements or equipment without the
written approval of Landlord.
24. NOTICES: All notices, requests, demand and other writings required under this Lease
must be in writing and shall be deemed validly given on the date posted if sent by a
nationally recognized overnight delivery service or by certified mail, return receipt
requested, addressed to the place of business of Landlord or Tenant as follows (or to any
other address that the Party to be notified may have designated, in writing, to the sender):
Landlord: Bayfield County Administrator’s Office Tenant: Bayfield Wireless
117 E. Fifth Street Chief Executive Officer
Washburn, WI 54891 PO Box 586
Bayfield, WI 54814
25. OBLIGATIONS SURVIVE: All obligations of Tenant hereunder not fully performed as
of the expiration or earlier termination of the term of this Lease shall survive the
expiration or earlier termination of the term hereof, including without limitation, all
payment obligations with respect to taxes and all obligations concerning the condition of
the Lands, Tower, and Leased Space. 26. WAIVER OF TERMS AND CONDITIONS:
The failure by Landlord to enforce or insist upon the strict performance of Tenant’s
obligations hereunder or any other term or provision hereof shall not constitute a waiver
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thereof or relinquishment of any such terms or conditions, but the same shall continue in
full force and effect. Any waiver, to be effective, must be in writing and specifically refer
to the right being waived, and shall not apply to any other right.
26. NO JOINT VENTURE: The agreements contained herein are not intended, nor shall the
same be deemed or construed, to create a partnership between Landlord and Tenant, to
make them joint ventures, nor to make Landlord in any way responsible for the debts or
losses of Tenant.
27. BINDING EFFECT: The covenants, agreements and obligations herein contained, except
as otherwise specifically provided, shall extend to, bind, and inure to the benefit of the
Parties hereto and their respective successors and assigns (but in the case of assigns only
to the extent that assignment is permitted hereinabove).
28. CAPTIONS: The captions in this Lease are inserted only as matters of convenience and
for reference, and in no way define or limit the scope or intent of the various provisions,
terms or conditions hereof. Whenever the singular number is used, the same shall include
the plural, and the masculine gender shall include the feminine and neuter genders.
29. SEVERABILITY OF PROVISIONS: The invalidity, illegality or unenforceability of any
provision of this Agreement or the occurrence of any event rendering any portion or
provision of this Agreement void shall in no way affect the validity or enforceability of
any other portion or provision of this Agreement or any Task Order. Any void provision
shall be deemed severed from this Agreement and the balance of this Agreement shall be
construed and enforced as if it did not contain the particular portion or provision held to be
void. The parties further agree to amend this Agreement to replace any stricken provision
with a valid provision that comes as close as possible to the intent of the stricken
provision. The provisions of this Article shall not prevent this entire Agreement from
being void should a provision which is of the essence of this Agreement be determined
void.
30. AUTHORITY: Landlord hereby warrants and represents it has full power and authority to
execute this Lease without the further consent or agreement of any other person or entity.
Tenant warrants and represents that it is a corporation duly organized, validly existing and
in good standing under the laws of the State of Wisconsin, is qualified to transact business
in the State of Wisconsin and has the power and authority to consummate the transactions
contemplated by this Lease; that all proceedings of Tenant necessary to consummate the
transactions contemplated by this Lease have been duly taken in accordance with law; and
that the persons executing this Lease on behalf of the Tenant have been duly authorized to
execute this Lease.
31. ACCEPTANCE: Tenant hereby agrees to accept this Lease and the Leased Space upon the
terms, conditions, and restrictions herein set forth, and covenants to keep and perform
each and every one of said terms, conditions and restrictions. Tenant further covenants and
agrees to pay and discharge all reasonable costs, attorney's fees and expenses made and
incurred by the Landlord in enforcing the terms and conditions of this agreement,
provided Landlord is the successful Party, and Landlord further covenants and agrees to
pay and discharge all reasonable costs and attorney’s fees and expenses made and incurred
by the Tenant in enforcing the terms and conditions of this agreement, provided Tenant is
the successful Party.
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32. GOVERNING LAW, JURISDICTION AND VENUE: This agreement shall be construed
and interpreted in accordance with the laws of the State of Wisconsin. Tenant hereby
irrevocably submits to the jurisdiction of the state courts of the State of Wisconsin for the
purpose of any suit, action or other proceeding arising out of or based upon this
Agreement. The parties further agree that the venue for any legal proceedings related to
this Agreement shall be Bayfield County, Wisconsin.
33. OPEN RECORDS LAW COMPLIANCE: Tenant understands and agrees that, because
Landlord is a party to this contract, provisions of the Wisconsin Open Records Law and
other laws relating to public records may apply to records kept by Tenant. Tenant agrees
to fully comply with such laws, and to cooperate with Landlord in its compliance with
such laws. Cooperation shall include, but not be limited to, the provision of records, or
copies of records to Landlord or others upon the request of Landlord. Compliance and
cooperation of Tenant shall be at its sole cost and expense.
Exhibit A
Installed Equipment
This Exhibit A shall be completed and/or amended by the Tenant, reviewed and approved by
the Landlord, and made a part of the Lease prior to the installation or changes to any Tenant
equipment.
A Motion by Silbert, Sandstrom to approve the Maple Hill Tower Lease Agreement. Motion
carried, 13-0
14. Discussion and Possible Action regarding Human Services ADRC Committee Appointment
of Ann Bertolucci.
Ann Bertolucci was recommended for appointment to the ADRC Committee.
A Motion by Crandall, Rondeau to approve appointment of Bertolucci to the Human Services
ADRC Committee. Motion Carried, 13-0.
15. Discussion and Possible Action regarding Appointment of Larry Fickbohm to the
Woodland Enhanced Health Services Commission.
Larry explained the Woodland Enhanced Health Services Commission.
A Motion by Strand, Milanowski to appoint Fickbohm to the Woodland Enhanced Health
Services Commission. The Motion Carried, 13-0.
16. Resolution No. 2020-62 Supporting an Application for Funding through the Wisconsin
Department of Transportation TEA Grant Program on County Highway E.
WHEREAS, Bayfield County has invested significant time, energy, and funds into economic
development efforts in the county; and
WHEREAS, White Winter Agriculture is an existing business planning to expand in Bayfield
County; and
WHEREAS, Bayfield County has worked cooperatively with White Winter Agriculture,
Bayfield County Economic Development, the Bayfield County Highway Department and the
Wisconsin Department of Transportation to facilitate the expansion of this business within the
county; and
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WHEREAS, the Bayfield County Highway Committee has approved and endorsed this
application; and
WHEREAS, sufficient roadbed does not currently exist to support the continuous access and
durability to sustain the ongoing truck traffic to and from the business on a year-round basis;
and
WHEREAS, Bayfield County supports an application for funding through the Wisconsin
Department of Transportation TEA Grant program to facilitate the necessary upgrade to that
section of County Highway E East to the White Winter Agriculture facility; and
WHEREAS, the TEA Grant requires a 50% local match; and
WHEREAS, the estimated cost of the project is approximately $145,000. Approximate Cost
breakdown will be $72,500 State DOT, $50,000 Business, $22,500 Bayfield County
Highway; and
NOW, THEREFORE, BE IT RESOLVED, that the Bayfield County Board of Supervisors
assembled this 30th day of June, 2020, do hereby support an application to the Wisconsin
Department of Transportation for funding through the TEA Grant Program to facilitate the
upgrade of a portion of County Highway E to the White Winter Agriculture facility entry.
BE IT FURTHER RESOLVED, that Bayfield County will serve as the grant sponsor and
administrator for this project and the Bayfield County Administrator shall be authorized to
complete and sign program documents and contracts.
Brett Rondeau left the meeting at 7:31 p.m.
A Motion was made by Milanowski, Zepczyk to approve the Resolution 2020-62 supporting an
application for funding through the Wisconsin Department of Transportation TEA Grant
Program on County Highway E. The Motion Carried, 12-0
17. Resolution No 2020-63 Authorizing Application for a Focus on Energy SAVE TO GIVE,
Pilot Energy Efficiency Grant for Residential Customers
WHEREAS, Focus on Energy has announced a pilot project focused on rural Wisconsin
Communities. The Save to Give Challenge targets energy-saving and offers a range of
benefits to participating communities, and;
WHEREAS, This program focuses on easy ways to save energy while helping out local
organizations;
WHEREAS, Utilities benefit from free resources from focus, increased residential savings,
customer satisfaction and stronger relationships between the utility, customers and local
government.
NOW THEREFORE BE IT RESOLVED, that the Bayfield County Board of Supervisors
assembled this 30th day of June, 2020, do hereby support the application for a Save to Give
Challenge at no cost to Bayfield County.
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A Motion was made by Strand, Sandstrom to approve the Resolution 2020-63 supporting an
application for a Focus on Energy SAVE TO GIVE, Pilot Energy Efficiency Grant for
Residential Customers. Motion carried, 12-0
18. Resolution No 2020-64, A Resolution to the Wisconsin Economic Development Corporation
in Support of a Community Development Investment Grant for World Class Precision
Products in the Town of Bayfield.
WHEREAS, the Wisconsin Economic Development Corporation (WEDC) accepts
applications for a Community Development Investment Grant to assist with the funding off
new construction and/or redevelopment of rural downtown districts; and
WHEREAS, as part of the application process for a Community Development Investment
Grant, the applicants seeking the grant must provide the WEDC with a signed resolution by
the local government authorizing the submittal of an application; and
WHEREAS, World Class Precision Products, 36600 County Road J North, Bayfield
Wisconsin, 54814 has proposed to purchase the building they currently lease and continue
their manufacturing business in Bayfield County. Funds will be used for building and
infrastructure development to continue the manufacturing presence in Bayfield County; and
WHEREAS, the proposed redevelopment of the World Class facility will support the quality
of life and economic health of the Town of Bayfield and Bayfield County; and
WHEREAS, the proposed redevelopment of the facility is supported by both Bayfield County
and Impact Seven, current leaseholders, through a reduced lease to own agreement, and
WHEREAS, the County seeks to assist the World Class in obtaining the Community
Development Investment Grant as the County cannot help facilitate the development of the
property in any further manner.
NOW THEREFORE BE IT RESOLVED, that the Bayfield County Board of Supervisors
assembled this 30th day of June, 2020, do hereby authorize the submission of an application
for a Community Development Investment Grant to the WEDC for the real property located at
36600 County Road J North, Bayfield Wisconsin and authority is granted to the proper
County officials to take the necessary steps to prepare and file the appropriate application for
funds under this program in accordance with this resolution and that the proper County
officials are hereby authorized to sign all necessary documents on behalf of Bayfield County.
A Motion was made by Crandall, Milanowski to approved Resolution 2020-64, a Resolution to
the Wisconsin Economic Development Corporation in Support of community Development
Investment Grant for World Class Precision Products in the Town of Bayfield. The motion
carried.
19. Report of the Bayfield County Planning and Zoning Committee No. 2020-05; Petition to
amend the Bayfield County Zoning Ordinance regarding the Zoning of Jason Hieb and
Renee Maki parcels in the Town of Hughes from Residential 1 (R-1) to Residential-
Recreational Business.
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Fred updated the Board regarding the rezoning. Silbert explained how the original application
was for 4 parcels, was decreased to 1 parcel for the building of the storage building.
A Motion was made by Strand, Zepczyk to receive Bayfield County Planning and Zoning
Committee No 2020-05 Petition to amend the Bayfield County Zoning Ordinance regarding
the Zoning of parcel #1 Jason Hieb and Renee Maki parcels in the Town of Hughes from
Residential 1 (R1) to Residential-Recreation Business and place on file. The motion carried.
Yeas 11, Nays 1 Fickbohm
20. Bayfield County Ordinance No. 2020-08; Amendment regarding the Zoning of Jason Hieb
and Renee Maki parcels in the Town of Hughes from Residential 1 (R-1) to Residential-
Recreational Business.
The Bayfield County Board of Supervisors ordains as follows:
That the Bayfield County Zoning Ordinance, adopted June 1, 1976, be and the same, is
hereby amended as follows:
WHEREAS, Wisconsin Statutes §59.69 (5) authorizes the County Board to adopt a zoning
ordinance; and
WHEREAS, Wisconsin Statutes §59.69(5)(e) authorizes the County Board to change district
boundaries; and
WHEREAS, it is deemed in the best interest of the County of Bayfield that the District
Boundaries be further modified and amended in the manner hereinafter set forth;
NOW, THEREFORE, the Bayfield County Board of Supervisors does hereby ordain as
follows:
The Zoning of Jason Hieb & Renee Maki (4) parcels.
Parcel #1 is a 1.65-acre parcel (Tax ID# 18830); described as Lot 4, Bear Paw Acres in Doc
#2019R-576574, Section 10, Township 47 North, Range 9 West, Town of Hughes, Bayfield
County, WI.
Parcel #2 is a 2.26-acre parcel (Tax ID #18831); described as Lot 5, Bear Paw Acres in Doc
#2019R-576574 Section 10, Township 47 North, Range 9 West, Town of Hughes, Bayfield
County, WI.
Parcel #3 is a 2.09-acre parcel (Tax ID# 18836); described as Lot 10, Bear Paw Acres in Doc
#2019R-576574, Section 10, Township 47 North, Range 9 West, Town of Hughes, Bayfield
County, WI..
Parcel #4 is a 2.06-acre parcel (Tax ID# 18837); described as Lot 11, Bear Paw Acres in Doc
#2019R-576574, Section 10, Township 47 North, Range 9 West, Town of Hughes, Bayfield
County, WI.
Rezone from Residential-One (R-1) to Residential-Recreational Business.
The Planning and Zoning Committee recommends ONLY Parcel #1 (Tax ID# 18830)
be rezoned.
The Bayfield County Board of Supervisors decision is:
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Be Approved
Be Approved with modification
Refer back to Planning and Zoning with directions as stated/noted and return
for enactment or rejection
Be Disapproved
A Motion was made by Strand, Silbert to approve Bayfield County Planning and Zoning
Committee No 2020-05 amending Jason Hieb and Renee Maki Parcel #1 in the Town of
Hughes from Residential 1 (R1) to Residential-Recreation Business and place on file. The
motion carried. Yeas 11, Nays 1 Fickbohm
21. Bayfield County Administrator’s Report:
a. Youth Scholarship Program Report
Received Thank you notes from Joe Tuttle and George Tuttle for the scholarships.
b. Future County Board Meeting Dates:
The following meetings are all regularly scheduled.
✓ July 28th, 2020
✓ August 25th, 2020
✓ September 29th, 2020
c. Courthouse/Annex COVID-19 Transition
Most employees will return to the Courthouse on July 6, transition is going
smoothly
d. COVID-19 Financial Update
Health Department has been approved for COVID funding. Between that and the
Roads to Recovery, the County should be reimbursed about $500,000
e. Census 2020
Some of Bayfield’s less populated areas have not completed the census.
f. Thank-you cards
Received Thank-you cards from Red Cliff Tribal ambulance service and Mason
area ambulance service for the county EMS contributions.
22. Supervisors’ Reports; None
23. Future Agenda Items; None identified.
24. Adjournment.
There being no further business to come before the Bayfield County Board of Supervisors’, Chair
Pocernich adjourned the meeting at 7:53 pm
Respectfully submitted,
Scott S. Fibert
Scott S. Fibert, Bayfield County Clerk
SSF/kmm