HomeMy WebLinkAboutCounty Board of Supervisors - Minutes - 9/29/20201
Bayfield County Clerk
Scott S. Fibert, County Clerk
Kim Mattson, Accountant Jeran Delaine, Deputy Clerk
Gail M. Reha, Bookkeeper Paige Terry, Clerk III
Ph: 715.373.6100 ● Fx: 715.373.6153 ● Email: sfibert@bayfieldcounty.org ● 117 E. Fifth Street, PO Box 878, Washburn, WI
54891
Minutes of the
Bayfield County Board of Supervisors’ Meeting
Of September 29, 2020 6:00 p.m.
Bayfield County Board Room, Courthouse, Washburn, Wisconsin
The Bayfield County Board of Supervisors meeting was called by Bayfield County Chairman,
Dennis M. Pocernich. A roll call was taken by County Clerk- Scott Fibert, as follows: Dennis
Pocernich-present; Fred Strand-present; Thomas Snilsberg-present; Marty Milanowski-present; David
Zepczyk-present; James Crandall-present virtually; Brett Rondeau-present; Steve Sandstrom-present
virtually; Mary Dougherty-present; Larry Fickbohm-present; Charly Ray-present; Jeremy Oswald-
present; Jeffrey Silbert-present. Total: 13 present. A quorum was present to conduct business.
The following were also present: County Administrator- Mark Abeles-Allison, County
Clerk-Scott Fibert virtually, Kim Shult of Baker Tilly virtually, County Human Service Director-
Elizabeth Skulan virtually, County Accountant- Kim Mattson virtually, County Health Director-
Sara Wartman, John Carlson virtually, Dr. Deb Dryer virtually
3. Pledge of Allegiance. The Pledge of Allegiance was recited.
4. Minutes from August 25, 2020. Motion made by Milanowski, Rondeau to approve the
minutes from August 25, 2020. Motion Carried, 13-0.
5. Public Comment: None
6. 2019 Audit Presentation, Kim Shult, Partner with Baker Tilly: Shult presented
overview and highlights of the 2019 Financial Reports. Bayfield County was given an
unmodified, or ‘clean’ opinion. Bayfield county has about 7.5 months of operating expenses in
their fund balance. General obligation debt, special revenue funds, enterprise funds, and internal
service funds were all reviewed. Bayfield County expended $3,322,091 of federal awards;
$3,355,692 in state awards.
Motion made by Rondeau seconded by Milanowski to receive and place on file. Motion
Carried 13-0.
7. 2019 DHS Annual Report: Elizabeth Skulan, DHS Director presented the DHS
Annual Report. The 2019 budget consisted of 25% levy and 75% other sources. Skulan reviewed
the services DHS provides; meal programs, heating assistance, alcohol and drug abuse, mental
health, emergency detention, assisting with Medicare, elder abuse, transportation, aging and
disability, juvenile justice, and others.
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Motion by Crandall, Rondeau to receive and place on file. Motion Carried 13-0.
8. 2019 Health Department Annual Report and COVID-19 Update: Sara Wartman,
Health Department Director presented the Health Department report. The department provides
programs and services for communicable disease, public health nursing, family planning and
reproductive health, environmental health, emergency preparedness planning, women, infants
and children (WIC), oral health, wellness, alcohol and other drug addiction. Wartman reviewed
the structure of the department, revenue sources, and accomplishments.
Motion by Rondeau, Zepczyk to receive and place on file. Motion Carried 13-0.
Wartman and Dr. Dryer updated the board regarding the latest COVID-19 updates. 111
positive cases, 129 monitored currently. With the increase in cases represents out of the
prevention mode and more into mitigation mode. Dr. Dryer, Bayfield County Medical Advisor
shared information on the different strains of the covid-19 virus. At present, there has been no
genetic identification of strains in this area.
9. Resolution 2020-77 Budget Amendment to Accept WIC Supplemental Funding
Grant.
No. 2020-77
To Accept WIC Supplemental Funding Grant
WHEREAS, the Bayfield County Health Department has received a grant in the amount
of $5,010.00 from the State of Wisconsin, Department of Health Services for bathroom upgrades
and medical supplies related to COVID-19. Total award to be expended by December 31, 2020;
and
WHEREAS, the 2020 Budget does not contain any projections to account for any
revenue or expenditures for said grant; and
WHEREAS, it is the desire of the Bayfield County Board of Health to accept and expend
said grant in 2020.
NOW, THEREFORE, BE IT RESOLVED, that the Bayfield County Board of
Supervisors assembled this 29th day of September, 2020, hereby authorizes the use of Revenue
Account Number 100-20-43550-011 and Expense Account Number 100-20-54107 for the WIC
Grant; and
BE IT FURTHER RESOLVED, that the Bayfield County Board of Supervisors hereby
amends the 2020 budget by $5,010.00 for grant revenue/expenses.
Increase Revenue:
100-20-43550-011 WIC Grant $5,010.00
Increase Expenses:
100-20-54107-50810 Capital Equipment $800.00
100-20-54107-50390 Other Supplies $675.00
100-20-54107-50290 Contractual Services $2,260.00
100-20-54107-50391 Medical Supplies $1,275.00
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10. Resolution 2020-78 Budget Amendment to Accept WIC Supplemental Funds 2
Grant
No. 2020-78
To Accept WIC Supplemental Funding 2 Grant
WHEREAS, the Bayfield County Health Department has received a grant in the amount
of $4,900.00 from the State of Wisconsin, Department of Health Services to purchase items that
would help while working remotely due to COVID-19. Total award to be expended by December
31, 2020; and
WHEREAS, the 2020 Budget does not contain any projections to account for any revenue
or expenditures for said grant; and
WHEREAS, it is the desire of the Bayfield County Board of Health to accept and expend
said grant in 2020.
NOW, THEREFORE, BE IT RESOLVED, that the Bayfield County Board of
Supervisors assembled this 29th day of September, 2020, hereby authorizes the use of Revenue
Account Number 100-20-43550-011 and Expense Account Number 100-20-54107 for the WIC
Grant; and
BE IT FURTHER RESOLVED, that the Bayfield County Board of Supervisors hereby
amends the 2020 budget by $4,900.00 for grant revenue/expenses.
Increase Revenue:
100-20-43550-011 WIC Grant $4,900.00
Increase Expenses:
100-20-54107-50810 Capital Equipment $4,000.00
100-20-54107-50390 Other Supplies $300.00
100-20-54107-50290 Contractual Services $100.00
100-20-54107-50225 Telephone $500.00
11. Resolution 2020-79 Budget Amendment to Accept Breastfeeding Peer Counselor
Additional Funding Grant.
No. 2020-79
To Accept Breastfeeding Peer Counselor Additional Funding Grant
WHEREAS, the Bayfield County Health Department has received a grant in the amount
of $2,400.00 from the State of Wisconsin, Department of Health Services to help offset the funding
decrease to the initial grant funding and offset the cost of items needed to work remotely. Total
award to be expended by December 31, 2020; and
WHEREAS, the 2020 Budget does not contain any projections to account for any revenue
or expenditures for said grant; and
WHEREAS, it is the desire of the Bayfield County Board of Health to accept and expend
said grant in 2020.
NOW, THEREFORE, BE IT RESOLVED, that the Bayfield County Board of
Supervisors assembled this 29th day of September, 2020, hereby authorizes the use of Revenue
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Account Number 100-20-43550-014 and Expense Account Number 100-20-54124 for the
Breastfeeding Peer Counselor Grant; and
BE IT FURTHER RESOLVED, that the Bayfield County Board of Supervisors hereby
amends the 2020 budget by $2,400.00 for grant revenue/expenses.
Increase Revenue:
100-20-43550-014 BFPC Grant $2,400.00
Increase Expenses:
100-20-54124-50121 Full time $1,700.00
100-20-54124-50225 Telephone $500.00
100-20-54124-50290 Contractual Services $100.00
100-20-54124-50315 Advertising $100.00
Motion by Strand, Rondeau to adopt Resolutions 2020-77, 2020-78, 2020-79. Roll Call
Vote: Strand-Yes, Snilsberg-Yes, Milanowski-yes, Zepczyk-yes, Crandall-yes, Rondeau-yes,
Sandstrom-yes, Dougherty-yes, Fickbohm-yes, Ray-yes, Oswald-yes, Silbert-yes, Pocernich-yes.
Motion Carried 13-0.
12. Report of the Bayfield County Planning and Zoning Committee No. 2020-12;
Petition to Change District Boundaries of a parcel owned by Roger and Leah Cardoni,
Town of Bayfield, from Agricultural-one (Ag-1) to Residential-one (R-1).
Motion by Strand, Zepczyk to receive and place on file. Motion carried 13-0.
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13. Bayfield County Ordinance Amendment No. 2020-12. Petition to Change
District Boundaries of a parcel owned by Roger and Leah Cardoni, Town of Bayfield,
From Agricultural 1 (Ag-1) to Residential (R-1).
No. 2020 - 12
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 Roger & Leah Cardoni a 7-acre parcel (ID# 4310) (Doc #2007R-516655 in V.
980 P. 425), located in the East Half of the East Half of the Southwest Quarter of the Northwest
Quarter (E ½ E ½ SW ¼ NW ¼), LESS the South 1070.0 feet thereof; and that portion of Lot
Sixteen (16) of the Bayfield Peninsula Fruit Lands Company, lying East of the Wet boundary line
of the aforesaid E ½ E ½ SW ¼ NW ¼ as extended Northerly in said Lot 16 to the South right-of-
way of County Trunk Highway J, ALL located in Section One (1), Township Fifty (50) North, Range
Four (4) West, Town of Bayfield, Bayfield County, WI from Agricultural One (Ag-1) to
Residential One (R-1) not Residential-Recreational Business (R-RB)
The Bayfield County Board of Supervisors decision is:
X 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
Motion by Strand, Rondeau to approve Ordinance Amendment 2020-12. Motion carried
13-0.
14. Ordinance 2020-13 Amending ATV Ordinance on County Highways to include:
County Highway Y from intersection of Y and Lake Road, south to intersection of County
Highway Y and South Shore Road in the Town of Barnes. AND County Highway Y
starting from demarcation point 2.12 miles south of Highway 27 on County Highway Y,
north to intersection of County Highway Y and County Highway N; and a portion of
County Highway N to State Highway 27 to meet the trail system. (2.15 miles total)
Amendatory Ordinance
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No. 2020-13
To add 2 Routes to the All-Terrain Vehicles Designated Routes
in the Bayfield County Code of Ordinances, Title 10 – Chapter 3
Title 10, Chapter 3, Motor Vehicles & Traffic
Chapter 3: All-Terrain Vehicles and Off-Road Motor Vehicle Operation
Sec. 10-3-1 State All-Terrain Vehicle Laws Adopted.
The provisions describing and defining regulations with respect to all-terrain vehicles in §23.33,
Wis. Stats., and any future amendments or revisions, are hereby adopted by reference and made
part of this Section as if fully set forth therein.
Sec. 10-3-2 Purpose.
Taking consideration of the economical and recreational value weighted against possible dangers,
liability aspects, terrain involved, traffic density and public health, this ordinance has been created
to designate certain all-terrain vehicle routes on portions of existing county highways, to identify
the procedure for establishment of additional all-terrain vehicle routes in the county, to set forth
conditions of operation of all-terrain vehicles on the county trunk highway system and signage,
suspension and revocation of all-terrain vehicle routes, and to specify penalties for violation of this
ordinance.
Sec. 10-3-3 Authority.
This ordinance is enacted pursuant to County Board authority under Wis. Stat. 59.02, as authorized
by 23.33 (11)(am) and 23.33 (8)(b).
Sec. 10-3-4 Establishment of ATV Routes.
County Trunk Highways designated as ATV routes shall be established and approved by the
Bayfield County Board upon recommendation by the Highway Committee. The Highway
Committee shall develop policies and procedures for the designation of ATV routes including
appropriate criteria for making a designation.
Sec. 10-3-5 Operation of All-Terrain Vehicles on the County Trunk Highway System
(a) All ATV’s shall operate only on the extreme right side of the paved portion of the roadway.
Operation of an ATV on the shoulder, ditch or right-of-way is prohibited and illegal.
(b) All ATV operators shall observe and obey posted speed limits. The speed limit for ATVs
traveling on designated routes is 40 mph unless otherwise posted.
(c) All ATV operators shall ride in single file.
(d) ATV operators shall yield the right-of-way to other vehicular traffic and pedestrians.
(e) All ATV operators shall have their headlight and taillight illuminated at all times while
operating on a county highway.
(f) All persons under the age of 18 must wear a helmet when operating or riding an ATV.
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(g) All ATV operators will be in compliance with Statutory Regulations.
(h) All ATV operators assume all the usual and normal risks of ATV operation while on the
approved County Highway route(s).
Sec. 10-3-6 Signage of ATV Routes.
Any ATV signage on County Trunk Highway right-of-way will be installed by the Bayfield
County Highway Department which shall be reimbursed for time and materials by the Route
Sponsor. All signage will be in accordance with Wisconsin Administrative Code NR 64.12 (7).
Any removal, damage, defacing, moving, or obstructing of signage is illegal and prohibited.
Sec. 10-3-7 Enforcement.
This ordinance shall be enforced by the Bayfield County Sheriff’s Department or any other law
enforcement official as set forth in Wis. Statute 23.33(12).
Sec. 10-3-8 Violations.
(a) Wisconsin state All-Terrain Vehicle penalties as found in s. 23.33 (13) (a) Wis. Stats., are
adopted by reference.
(b) Forfeiture: The penalty for violation of any provision of this Chapter shall be a forfeiture,
in accordance with Title 1, Chapter 2 of the Bayfield County Code of Ordinances, together
with the court costs and fees and the applicable penalty assessment. Forfeiture for violation
of any ATV regulation(s) set forth in the Wisconsin Statutes adopted by reference in this
Chapter shall conform to the forfeiture penalty permitted to be imposed under the
applicable statute(s).
Sec. 10-3-9 Maintenance. Approval of highway segments as ATV routes does not imply that
additional maintenance will be provided by the Bayfield County Highway Department. These
segments will be maintained like any other segment of County Highway, and Bayfield County
makes no representation as to their condition or fitness for ATV use.
Sec. 10-3-10 Designated Routes.
The following routes are designated all-terrain vehicles routes in Bayfield County:
1. CTH H (Scenic Drive to Finger Lake Road) – 0.15 mile (Adopted May 17, 2014
2. CTH N (Hiatt Road to Longview Road) 2.26 miles
3. CTH N (STH 27 To Kickapoo Trail) 4.64 miles (Adopted Nov. 28, 2014)
4. CTH D (CTH M to Pioneer Road) 6.07 miles (Adopted Jan. 26, 2016)
5. CTH C (Siskiwit Lake Road to Mountain Road) 0.51 mile (Siskiwit Falls Road to
Huron Avenue) 0.21 mile
6. CTH E (Sutherland to STH 63) 1.19 miles
7. CTH N (Pease Road to CTH A) 0.50 mile
8. CTH A (CTH N to Kickapoo Trail) 0.25 miles
9. CTH F (USH 2 to STH 63) (Adopted Aug. 27, 2013) – 3.47 miles (Adopted May
27, 2014)
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10. CTH E (USH 2 to Keystone Road) (Adopted Aug. 27, 2013) – 1.0 miles
11. CTH M (Kavanaugh Road to USH 63, (1 City Block) (Adopted Oct. 1, 2013) – 0.09
Mile (Adopted May 27, 2014
12. CTH C (FR 696 to FR 697) – 0.25 Mile (Adopted May 27, 2014)
13. CTH H (Horstman Road to CTH E) – 1.96 miles (Adopted Nov. 28, 2014)
14. CTH E (CTH H to Panasuk Road) – 1.00 mile (Adopted Nov. 28, 2014)
15. CTH E (Lund Road to Faith Church Road) - .50 Miles (Adopted Nov. 28, 2014)
16. CTHE (Moonshine Alley Road to Olaf Johnson Road) – 1.00 Miles (Adopted Nov.
28, 2014)
17. CTH E (Andrew Anderson Road to Benoit Road) – .50 Miles (Adopted Nov. 28,
2014)
18. CTH E (Panasuk Road to Keystone Road) – 1.00 Mile (Adopted Nov. 28, 2014)
19. CTH M (Frels Road to Garmisch Road) – 2.72 miles (Adopted Aug. 30, 2016)
20. CTH D (Porcupine Lake Road to Club Lake Road) – 0.06 miles (Adopted Oct. 18,
2016)
21. CTH H (Scenic Drive West to E Knutson Drive) – .512 miles (Adopted January
26th, 2019)
22. CTH H (W Knutson Drive to South McCarry Lake Road) – .981 miles (Adopted
January 26th, 2019)
23. CTH H (North McCarry Lake Road to Busky Bay Drive – .964 miles (Adopted
January 26th, 2019)
24. CTH M (Old Grade Road (FR191) and East Lake Five Road) – 1.1 miles (Adopted
February 13th, 2019)
25. CTH H (Hortsman Road to Finger Lake Road) – 4.48 miles (Adopted March13th,
2019)
26. CTH H (Scenic Drive to Scenic Drive) – 3.81 miles (Adopted March13th, 2019)
27. CTH G (USH 2 east to Pristash Road) – 2 miles (Adopted July 3rd, 2019)
28. CTH J (Highway 13 to Highway 13) – 8.24 miles (Adopted August 10th, 2019)
29. CTH I – .7 miles (Adopted August 10th, 2019)
30. CTH C (Big Pine Trail to Siskiwit Lake Road) – .25 miles (Adopted August 10th,
2019)
31. CTH D (Highway 63 to Camp 8 Road) – 3.25 miles (Adopted August 10th, 2019)
32. CTH H (McCarry Lake Road to McCarry Lake Road) – .79 miles (Adopted
August 10th, 2019)
33. CTH H (Buskey Bay Drive to Wayside Road) – 1.2 miles (Adopted August 10th,
2019)
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34. CTH D (Triangle Road to Pioneer Road) – 1 mile (Adopted September 7th, 2019)
35. CTH C (Big Rock Road to McKinley Road) – 1 mile (Adopted September 7th, 2019)
36. CTH C (29635 County Hwy C west to South Maple Hill Road) (Void upon
sale of home) – .6 mile (Adopted February 25th, 2020)
37. CTH Y (Intersection of CTH Y and Lake Road south to intersection of CTH Y and
South Shore Road in the Town of Barnes) – 1 mile
38. CTH Y (Starting from demarcation point 2.12 miles south of intersection of CTH Y
and State Hwy 27 north to intersection of CTH Y and CTH N, portion of CTH N to
State Hwy 27 to access trail) – 2.15 miles
Sec. 10-3-11 Suspension and Revocation of Route
(a) The Bayfield County Highway Commissioner shall have the authority to suspend operation
of any ATV route for up to ninety (90) days due to hazard, construction or emergency
conditions in any highway segment listed as a designated route.
Any ATV route may be revoked at any time by the Bayfield County Highway
Commissioner. At the next Bayfield County Highway Committee meeting following the
revocation, the committee shall take action to either uphold the revocation or overturn.
Motion by Crandall, Sandstrom to approve Ordinance 2020-13. Motion carried 13-0.
15. Bayfield County Resolution No. 2020-80; Providing for the issuance, sale, and
delivery of a $1,650,000 general obligation promissory note, series 2020, Establishing the
terms and conditions therefore, Directing its execution and delivery, Creating a debt
service account therefore and awarding the sale thereof; County Highway Reconstruction
work borrowing in 2020 for 2021: Carlson explained this is the same situation as last year, but
interest rates are lower this year.
RESOLUTION NO. 2020-80
RESOLUTION PROVIDING FOR THE ISSUANCE, SALE AND DELIVERY OF A
$1,650,000 GENERAL OBLIGATION PROMISSORY NOTE, SERIES 2020, OF
BAYFIELD COUNTY, WISCONSIN; ESTABLISHING THE TERMS AND
CONDITIONS THEREFOR; DIRECTING ITS EXECUTION AND DELIVERY;
CREATING A DEBT SERVICE ACCOUNT THEREFOR AND AWARDING THE SALE
THEREOF
BE IT RESOLVED, by the Board of Supervisors (the “Board”) of Bayfield County, Wisconsin
(the “County”), as follows:
Section 1. Note Purpose, Authorization, and Award.
1.01 Under and pursuant to the provisions of Wisconsin Statutes, Chapter 67 and
Sections 67.045 and 67.12(12), the County is authorized to issue and sell its general obligation
promissory notes for any public purpose.
1.02 The Board hereby directs the issuance and sale of its $1,650,000 General Obligation
Promissory Note, Series 2020 (the “Note”) for the public purpose of financing a portion of the
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County’s 2021 Highway Reconstruction Program consisting of approximately nine miles of County
Highway improvements (the “Project”).
1.03 The County has solicited a proposal for the sale of the Note and received a proposal
from Bremer Bank, National Association, located in Washburn, Wisconsin (the “Purchaser”), to
purchase the Note to pay or provide for costs of the Project, and upon condition that the Note
matures and bears interest at the time and annual rate set forth in Section 2. The County, after
due consideration, finds such offer reasonable and proper and the offer of the Purchaser is hereby
accepted. All actions of the Chairperson, the County Clerk and the Administrator taken with regard
to the sale of the Note are hereby ratified and approved.
Section 2. Terms and Form of the Note.
2.01 The Note shall be a single note, dated as of the date of delivery, in fully registered
form, in the amount of $1,650,000, with principal and interest payable March 1, 2021.
The Note shall bear interest on the unpaid principal balance at the rate of 1.780% per
annum. Interest shall be payable on March 1, 2021. Payments shall be applied first to interest due
through the stated principal payment date set forth above on the unpaid principal balance and
thereafter to reduction of principal. Delinquent payments, if any, shall be applied by the registered
holder in the following sequence: (1) billed delinquent interest, (2) past-due interest installments,
(3) past-due principal installments, (4) interest installments due, and (5) principal installments due.
2.02 The principal amount of the Note maturing on March 1, 2021 is subject to
redemption and prepayment at the option of the County on January 2, 2021 and on any day
thereafter in whole or in part, at par plus accrued interest to the date of redemption.
2.03 The Board hereby appoints the County Clerk as registrar and transfer agent for the
Note (such officer or successor thereof is herein referred to as the “Note Registrar”).
2.04 The Note shall bear interest at the annual rate stated therefor in Section 2.01. The
County Treasurer shall make all interest payments with respect to the Note by check or draft mailed
to the registered owner of the Note shown on the bond registration records maintained by the
Note Registrar at the close of business on the 15th day (whether or not on a business day) of the
month next preceding the Interest Payment Date at such owner’s address shown on such bond
registration records.
2.05 A. The Note shall be prepared for execution in accordance with the approved form
and shall be signed by the manual signature of the Chairperson and attested by the manual signature
of the County Clerk. In case any officer whose signature shall appear on the Note shall cease to
be an officer before delivery of the Note, such signature shall nevertheless be valid and sufficient
for all purposes as if he or she had remained in office until delivery.
B. The County Clerk is authorized and directed to obtain a copy of the proposed
approving legal opinion of the Bayfield County Corporation Counsel, which is to be
complete except as to dating thereof and cause the opinion to be attached to the Note.
The County Clerk is authorized and directed to file the opinion in the County offices.
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2.06 A. The County shall cause to be kept at the principal corporate office of the Note
Registrar a note register in which, subject to such reasonable regulations as the Note Registrar may
prescribe, the County shall provide for the registration of the Note and the registration of transfers
of the Note entitled to be registered or transferred as herein provided. In the event of the
resignation or removal of the Note Registrar or its incapability of acting as such, the Note
registration records shall be maintained at the office of the successor Note Registrar as may be
appointed by the Board.
B. Upon surrender for transfer of the Note at the principal corporate office of the Note
Registrar, the County shall execute and the Note Registrar shall authenticate and deliver, in the
names(s) of the designated transferee(s), one new note of a like aggregate principal amount, as
requested by the transferor.
C. A Note surrendered upon the exchange provided for in this Resolution shall be
promptly cancelled by the Note Registrar and thereafter disposed of as directed by the Board.
D. A Note issued in exchange for or upon transfer of the Note shall be a valid
obligation of the County evidencing the same debt and entitled to the same benefits under this
Resolution as the Note surrendered for such exchange or transfer.
E. The Note presented for a transfer or exchange shall (if so required by the County
or the Note Registrar) be duly endorsed or be accompanied by a written instrument of transfer, in
form satisfactory to the County and the Note Registrar, duly executed by the registered owner
thereof or the owner’s attorney duly authorized in writing.
F. The County may require payment of a sum sufficient to cover any tax or other
governmental charge that may be imposed in connection with the transfer or exchange of the
Note, other than exchange expressly provided in this Resolution to be made, without expense or
without charge to the registered owner.
G. If the Note becomes mutilated or is destroyed, stolen or lost, the Note Registrar
will deliver a new Note of like amount, number, maturity dates and tenor in exchange and
substitution for and upon cancellation of the mutilated Note or in lieu of and in substitution for
the Note destroyed, stolen or lost, upon the payment of the reasonable expenses and charges of
the Note Registrar in connection therewith; and, in the case of the Note being destroyed, stolen
or lost, upon filing with the Note Registrar and the County of evidence satisfactory to them that
the Note was destroyed, stolen or lost, and of the ownership thereof, and upon furnishing to the
Note Registrar of an appropriate note or indemnity in form, substance and amount satisfactory to
it and as provided by law, in which both the County and the Note Registrar must be named as
obligees. The Note so surrendered to the Note Registrar will be cancelled by the Note Registrar
and evidence of such cancellation must be given to the County. If the mutilated, destroyed, stolen
or lost Note has already matured or been called for redemption in accordance with its terms, it is
not necessary to issue a new Note prior to payment.
2.07 The Note delivered upon transfer of or in exchange for or in lieu of any other Note
shall carry all of the rights to interest, accrued and unpaid and to accrue, which are carried by such
other Note.
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2.08 The principal of and interest on the Note shall be payable by the Note Registrar in
such funds as are legal tender for the payment of debts due the United States of America. The
County shall pay the reasonable and customary charges of the Note Registrar for the disbursement
of principal and interest.
2.09 Delivery of the Note and payment of the initial advance of the purchase price under
the Note shall be made at a place mutually satisfactory to the County and the Purchaser. A
typewritten and executed Note shall be furnished by the County without cost to the Purchaser.
The Note, when prepared in accordance with this Resolution and executed, shall be delivered by
or under the direction of the County Clerk to the Purchaser upon receipt of the purchase price or
initial advance plus accrued interest.
Section 3. Form of the Note.
3.01 The Note shall be typewritten or printed in substantially the following form:
UNITED STATES OF AMERICA
STATE OF WISCONSIN
BAYFIELD COUNTY
R-l $1,650,000
GENERAL OBLIGATION PROMISSORY NOTE, SERIES 2020
Rate Date of Original Issue Maturity Date
1.780% October 23, 2020 March 1, 2021
REGISTERED OWNER: BREMER BANK, NATIONAL ASSOCIATION
Bayfield County, Wisconsin (the “County”), for value received, promises to pay to the
registered owner specified above (the “Holder”), or registered assigns, the principal sum of One
Million Six Hundred Fifty Thousand Dollars ($1,650,000) payable on March 1, 2021, together with
interest on the outstanding principal amount from the date hereof at a rate of 1.78% per annum,
calculated on the basis of a 360-day year of twelve 30-day months and will be rounded pursuant
to the rules of the Municipal Securities Rulemaking Board. Both principal hereof and interest hereon
are payable in lawful money of the United States of America by check or draft from the office of
the County Treasurer. The County Treasurer shall make the interest payment with respect to this
Note directly to the registered owner hereof shown on the bond registration records maintained
on behalf of the County by the County Clerk at the close of business on the 15th day of the month
next preceding the Interest Payment Date (whether or not a business day) at such owner’s address
shown on said bond registration records, without, except for payment of the final principal
installment on the Note, the presentation or surrender of this Note, and all such payments shall
discharge the obligation of the County to the extent of the payments so made. Payment of the
principal shall be made when due upon presentation and surrender of this Note to the County
Clerk. For the prompt and full payment of such principal and interest as they become due, the full
faith and credit and resources of the County are irrevocably pledged.
The principal of and interest on the Note are payable in such funds as are legal tender for
payment of debts due the United States of America. Payments shall be applied first to interest due
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through the stated principal payment date set forth above on the unpaid principal balance and
thereafter to reduction of principal. Delinquent payments, if any, shall be applied by the Holder
in the following sequence: (1) billed delinquent interest, (2) past-due interest installments, (3) past-
due principal installments, (4) interest installments due and (5) principal installments due.
This Note is issued by the County in the amount of $1,650,000 pursuant to the authority
contained in Wisconsin Statutes, Chapter 67, and Sections 67.045 and 67.12(12), and all other laws
thereunto enabling, and pursuant to an authorizing resolution adopted by the governing body of
the County on September 29, 2020 (the “Resolution”), for the public purpose of financing a
portion of the County’s 2021 Highway Reconstruction Program. The Note is payable from the
Series 2020 Promissory Note Debt Service Account in the County’s Debt Service Fund and a direct
annual ad valorem tax has been levied upon all of the taxable property within the County, as set
forth in the Resolution to which reference is made for a full statement of rights and powers thereby
conferred.
This Note has been designated by the County as a “qualified tax-exempt obligation” for
purposes of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended.
The principal amount of the Note shall be subject to redemption and prepayment at the
option of the County on January 2, 2021 and on any day thereafter, in whole or in part, at par
plus accrued interest to the date of redemption.
The Note is issued as a fully registered note without coupons, in the denomination of
$1,650,000. The County will, at the request of the registered owner, issue one new fully registered
note in the name of the registered owner in the aggregate principal amount equal to the unpaid
principal balance of the Note, all of like tenor except as to number and principal amount. This
Note is transferable by the registered owner hereof upon surrender of this Note for transfer at the
principal office of the Note Registrar, duly endorsed or accompanied by a written instrument of
transfer in form satisfactory to the Note Registrar and executed by the registered owner hereof or
the owner’s attorney duly authorized in writing. Thereupon the County shall execute and the
Note Registrar shall authenticate and deliver, in exchange for this Note, one new fully registered
note in the name of the transferee of an authorized denomination, in an aggregate principal
amount equal to the unpaid principal amount of this Note, of the same maturity, and bearing
interest at the same rate.
IT IS CERTIFIED AND RECITED that all acts and conditions required by the Constitution
and laws of the State of Wisconsin to be done and to exist precedent to and in the issuance of this
Note, in order to make it a valid and binding general obligation of the County in accordance with
its terms, have been done and do exist in form, time and manner as so required; that all taxable
property within the limits of the County is subject to the levy of ad valorem taxes to the extent
needed to pay the principal hereof and the interest hereon when due, without limitation as to rate
or amount and that the issuance of this Note does not cause the indebtedness of the County to
exceed any constitutional or statutory limitation.
EXHIBIT A TO NOTE
Amount of
Disbursement
Date of
Disbursement
$1,650,000 October 23, 2020
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Section 4. Borrowed Money Fund; Debt Service Fund.
4.01 A The Series 2020 Borrowed Money Fund. There is hereby created a separate
and special fund designated as the Series 2020 Borrowed Money Fund (the “Borrowed Money
Fund”), which shall be used solely for payment of costs of constructing the Project. Proceeds of the
Note shall be drawn and credited to the Borrowed Money Fund. The monies in said fund may
from time to time be invested as provided in Section 66.0603, Wisconsin Statutes. Upon
completion of such capital improvements as described in Section 1.02 hereof, and after payment
in full of all costs thereof, any balance on hand in the Borrowed Money Fund shall be credited to
the Debt Service Account.
B. Debt Service Fund. There is hereby established in the treasury of the County, if it
has not already been created, a debt service fund separate and distinct from every other fund (the
“Debt Service Fund”), which shall be maintained in accordance with generally accepted accounting
principles. Sinking funds established for obligations previously issued by the County may be
considered as separate and distinct accounts within the Debt Service Fund. There shall be
maintained in the Debt Service Fund a separate account, to be designated the Series 2020
Promissory Note Debt Service Account.
C. The Series 2020 Promissory Note Debt Service Account. To the Series 2020
Promissory Note Debt Service Account (the “Debt Service Account”) there is hereby pledged and
irrevocably appropriated and there shall be credited: (1) any collections of all taxes levied herein
for the payment of the Note and interest thereon; (2) all investment earnings on funds in the Debt
Service Account; (3) accrued interest, if any, received upon delivery of the Note; (4) surplus monies
in the Borrowed Money Fund as specified in Section 4.01A hereof; (5) funds appropriated in
Section 4.02A hereof in the amount of $10,524.25 and (6) any and all other monies which are
properly available and are appropriated by the County to the Debt Service Account including
further deposits as may be required by Section 67.11 of Wisconsin Statutes. The amount of any
surplus remaining in the Debt Service Account when the Note and interest thereon are paid shall
be used to reduce the amount of taxes levied herein. No money shall be withdrawn from the Debt
Service Account and appropriated for any purpose other than the payment of principal of and
interest on the Note until all such principal and interest has been paid in full and cancelled;
provided (i) the funds to provide for each payment of principal of and interest on the Note prior
to the scheduled receipt of taxes from the next succeeding tax collection may be invested in direct
obligations of the United States of America maturing in time to make such payments when they
are due; and (ii) any funds over and above the amount of such principal and interest payments on
the Note may be used to reduce the next succeeding tax levy, or may, at the option of the County,
be invested by purchasing the Note as permitted by and subject to Section 67.11(2)(a), Wisconsin
Statutes, in interest bearing obligations of the United States of America, or in other obligations of
the County, which investments shall continue to be a part of the Debt Service Account. When all
of the Note has been paid in full and cancelled, and all permitted investments disposed of, any
money remaining in the Debt Service Account shall be deposited in the general fund of the County,
unless the Board directs otherwise.
D. Draws on Note. On the date of issuance of this Note, the County shall draw
$1,650,000 of the Note.
4.02 Debt Service Levy.
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A. The Board hereby appropriates $10,524.25 from the County’s General Fund –
Contingency Line Item to the Debt Service Account to pay the interest due on the Note on March
1, 2021.
B. For the purpose of paying the principal of and interest on the Note as the same
become due, the full faith, credit and resources of the County are hereby irrevocably pledged and
there hereby is levied on all the taxable property in the County a direct, annual, irrepealable tax
in such year and in such amount as is sufficient, together with the monies appropriated to the Debt
Service Account as provided for in Section 4.02A, to meet such principal and interest payments
when due; said tax is hereby levied in the year and in the amount shown on Exhibit A hereto,
which is incorporated by reference as though fully set forth herein.
B. The County shall be and continue to be without power to amend Sections 4.02A
or repeal such levy or obstruct the collection of said tax until all such payments have been made
or provided for. After the issuance of the Note, said tax shall be carried into the tax rolls of the
County and collected as other taxes are collected.
4.03 Payment of Costs of Issuance. The County agrees to pay the costs of issuance of the
Note as set forth in the officers’ certificate on the Closing Date.
Section 5. Certificate of Proceedings.
5.01 The officers of the County are authorized and directed to prepare and furnish to
the Purchaser and to bond counsel certified copies of all proceedings and records of the County
relating to the authorization and issuance of the Note and other affidavits and certificates as may
reasonably be requested to show the facts relating to the legality and marketability of the Note as
such facts appear from the official books and records of the officers’ custody or otherwise known
to them. All of such certified copies, certificates and affidavits, including any heretofore furnished,
constitute representations of the County as to the correctness of facts recited therein and the actions
stated therein to have been taken.
5.02 The County Clerk shall provide and keep a separate record book and shall record
a full and correct statement of every step or proceeding had or taken in the course of authorizing
and issuing the Note.
5.03 In the event of the absence or disability of the Chairperson or County Clerk, such
officers of the County or members of the Board as in the opinion of the County’s attorney may
act in their behalf shall, without further act or authorization, execute and deliver the Note, and do
all things and execute all instruments and documents required to be done or executed by such
absent or disabled officers.
Section 6. Tax Covenants.
6.01 A. The County hereby covenants not to use the proceeds of the Note, or to
cause or permit them to be used, in such a manner as to cause the Note to be a “private activity
bond” within the meaning of Sections 103 and 141 through 150 of the Code.
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B. The County covenants and agrees to comply with requirements under the Code
necessary to establish and maintain the exclusion from gross income under Section 103 of the Code
of the interest on the Note, including without limitation (1) requirements relating to temporary
periods for investment, (2) limitation on amounts invested at a yield greater than the yield on the
Note, and (3) the rebate of excess investment earnings to the United States if the gross proceeds of
the Note are not expended for the purposes of the Note in accordance with the requirements of
the small-issuer exception and the regulations thereunder.
C. For purposes of qualifying for the small-issuer exception to the federal arbitrage
rebate requirements, the County finds, determines and declares:
(1) the County is a governmental unit with general taxing powers;
(2) the Note is not a “private activity bond” as defined in Section 141 of the
Code;
(3) 95% or more of the net proceeds of the Note are to be used for local
governmental activities of the County;
(4) the aggregate face amount of the tax-exempt obligations (other than private
activity bonds) issued by the County during the calendar year in which the Note is issued is
not reasonably expected to exceed $5,000,000, all within the meaning of Section
148(f)(4)(D) of the Code.
D. In order to qualify the Note as a “qualified tax-exempt obligation” within the
meaning of Section 265(b)(3) of the Code, the County hereby makes the following factual
statements and representations:
(1) the Note is not a “private activity bond” as defined in Section 141 of the
Code;
(2) the County hereby designates the Note as a “qualified tax-exempt
obligation” for purposes of Section 265(b)(3) of the Code;
(3) the reasonably anticipated amount of tax-exempt obligations (other than
private activity bonds, treating qualified 501(c)(3) bonds as not being private activity
bonds) which will be issued by the County (and all entities whose obligations will be
aggregated with those of the County) during the calendar year in which the Note was issued
will not exceed $10,000,000; and
(4) not more than $10,000,000 of obligations issued by the County during the
calendar year in which the Note was issued have been designated for the purposes of
Section 265(b)(3) of the Code.
E. The County shall use its best efforts to comply with any federal procedural
requirements which may apply in order to effectuate the designation made by this section.
Section 7. Post-Issuance Compliance Policy and Procedures. The Board has previously
approved a Post-Issuance Debt Compliance Policy and Post-Issuance Debt Compliance Procedures
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which shall apply to qualifying obligations to provide for compliance with all applicable federal
regulations for tax-exempt obligations or tax-advantaged obligations (collectively, the “Policy and
Procedures”). The Board hereby approves the Policy and Procedures for the Note. The County
Clerk continues to be designated to be responsible for post-issuance compliance in accordance with
the Policy and Procedures.
Adopted: September 29, 2020.
GENERAL OBLIGATION PROMISSORY NOTE, SERIES 2020
BAYFIELD COUNTY, WISCONSIN
TAX LEVY SCHEDULE
Levy Year/Collect Year Tax Levy
2020/2021 $1,650,000*
* Total principal and interest due on the Note on March 1, 2021 is $1,660,524.25. $10,524.25
has been appropriated to the Debt Service Account pursuant to Section 4.02A.
Motion by Rondeau, Crandall to approve resolution 2020-80. Roll Call. Snilsberg-yes,
Milanowski-yes, Zepczyk-yes, Crandall-yes, Rondeau-yes, Sandstrom-yes, Dougherty-yes,
Fickbohm-yes, Ray-yes, Oswald-yes, Silbert-yes, Pocernich-yes, Strand-yes. Motion carried
13-0.
16. The Board may entertain a motion to move in and out of Closed Session pursuant
to §19.85(1)(g), to confer 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.
a) Minutes, May 19, 2020 closed session
b) Potential Litigation regarding Delta Landfill Site
A Motion was made by Milanowski, Rondeau to enter closed session, 7:40 p.m. Motion
carried 13-0.
A Motion was made by Rondeau, Milanowski to leave closed session, 7:45 p.m. Motion
carried 13-0.
17. Bayfield County Administrator’s Report:
a) Bayfield County Budget: Discussion regarding 2021 budget. Executive
moved to bring the budget to the Board.
b) Future County Board Meeting Dates: October 27, November 10.
November 10 may be the last meeting of 2020 if the budget is passed.
c) Census 2020: Last day to submit is September 30.
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18. Supervisors’ Reports:
a) Oswald reported the Sheriff’s office will not be conducting a tour of the
jail improvements due to COVID.
b) Legislation may be coming from the State that would increase the
amount of training an EMT would need which could be a hardship on ambulance services.
There being no further business to come before the Bayfield County Board of
Supervisors, Chair Pocernich adjourned the meeting at 7:53 p.m.
Respectfully Submitted,
Scott S. Fibert, County Clerk
SSF/kmm