HomeMy WebLinkAboutCounty Board of Supervisors - Minutes - 9/27/2022
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Bayfield County Clerk
Lynn M. Divine, 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: Lynn.Divine@bayfieldcounty.wi.gov ● 117 E. Fifth Street, PO Box 878, Washburn, WI 54891
Minutes of the:
Bayfield County Board of Supervisors’ Meeting
September 27, 2022 6:00 p.m.
Meeting Held in the Bayfield County Board Room, Courthouse, Washburn, WI
The meeting of the Bayfield County Board of Supervisors was called to order at 6:05 p.m. by Bayfield
County Chairman Dennis M. Pocernich. A roll call was taken by County Clerk- Lynn Divine, as follows:
Steve Sandstrom-present; Mary Dougherty-present; Charly Ray-present; Jeremy Oswald-present virtually;
Fred Strand-present; John Rautio-present; Madelaine Rekemeyer-present; Jim Crandall-present; Larry
Fickbohm-present; Jeff Silbert-present; Marty Milanowski-present; Brett Rondeau-present; Dennis
Pocernich-present. Total: 13 present, 0 absent. A quorum was present to conduct business.
The following were also present for today’s meeting: Human Resources Director- Kris Kavajecz; County
Clerk- Lynn M. Divine; Baker Tilly Representative-Kim Schultz; Baker Tilly Representative-Vanessa Kane
(virtually); Max Lindsey; Rob Schierman; Health Director-Sara Wartman (virtually); Accountant-Kim
Mattson (virtually); Highway Commissioner-Bob Anderson; and Clerk III- Paige Terry (virtually).
3. Pledge of Allegiance: The Pledge of Allegiance was recited by all in attendance.
4. Public Comment: Max Lindsey stated that he would like to speak on behalf of agenda item
number 15 and asked if the board would like him to speak during public comment or during the
agenda item. The board agreed to suspend the rules during item 15 to allow Lindsey to speak.
5. 2021 Audit Presentation, Kim Shultz, Baker Tilly:
Kim Schultz presented the overview and highlights of the 2021 Financial Reports. The section
discussing the auditor’s responsibility has been lengthened substantially. Total fund balance for
2021 is at $16,724,364 which is up approximately $1.6 million. Of the fund million balance,
$6,925,606 of the fund balance is currently unassigned. Abeles-Allison asked for clarification
regarding a portion of the unassigned fund balance funds including the county’s 25% reserve.
Shultz replied that the total for unassigned funds does include the 25% reserve. General fund
revenue was approximately $1.7 million over budget with expenditures being under budget for
2021. Cash and total investments totaled nearly $24 million. Bayfield County had $2.5 million in
total general obligation debt in 2021. In 2021, Bayfield County expended $3,169,020 in federal
and state funding.
Motion by Rondeau, seconded by Crandall to receive and place on file. Motion carried, 13-0.
6. Discussion and Possible Action, Minutes from August 30, 2022:
Motion by Milanowski, seconded by Fickbohm to approve the Minutes of the Monthly Bayfield
County Board of Supervisors Meeting held on August 30, 2022. Motion carried, 13-0.
7. Bayfield County Resolution No. 2022-94:
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Resolution Providing for the Issuance, Sale, and Delivery of a $2,500,000 General
Obligation Promissory Note, Series 2022, of Bayfield County, Wisconsin;
Establishing the Terms and Conditions Therefore; 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 $2,500,000 General Obligation Promissory
Note, Series 2022 (the “Note”) for the public purpose of financing a portion of the 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 $2,500,000, with principal and interest payable February 28, 2023.
The Note shall bear interest on the unpaid principal balance at the rate of 4.319% per annum. Interest
shall be payable on February 28, 2023. 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 February 28, 2023 is subject to redemption and
prepayment at the option of the County on January 2, 2023 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.
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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.
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.
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.
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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 $2,500,000
GENERAL OBLIGATION PROMISSORY NOTE, SERIES 2022
Rate Date of Original Issue Maturity Date
4.319% October 23, 2022 February 28, 2023
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 ($2,500,000) payable on February 28, 2023, together with interest on the outstanding principal
amount from the date hereof at a rate of 4.319% 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 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 $2,500,000 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 27, 2022 (the
“Resolution”), for the public purpose of financing a portion of the County’s 2022 Highway Reconstruction
Program. The Note is payable from the Series 2022 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, 2022 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 $2,500,000. The
County will, at the request of the registered owner, issue one new fully registered note in the name of the
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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.
IN WITNESS WHEREOF, Bayfield County, Wisconsin, by its governing body, has caused this Note to
be executed in its name by the signatures of the Chairperson and the County Clerk and its corporate seal or a true
facsimile thereof to be impressed or imprinted hereon, all as of the date of original issue specified above.
ATTEST:
County Clerk Chairperson
(SEAL)
Date of Execution: October 21, 2022
REGISTRATION CERTIFICATE
This Note must be registered as to both principal and interest in the name of the owner on the books to be
kept by the County Clerk. No transfer of this Note shall be valid unless made on said books by the registered
owner or the owner’s attorney thereunto duly authorized and similarly noted on the registration books. The
ownership of the unpaid principal balance of this Note and the interest accruing thereon is registered on the books
of the County Clerk in the name of the registered owner last noted below.
Date Registered Owner Signature of County Clerk
10/21/2021 Bremer Bank, National Association
31 West Bayfield Street
Washburn, WI 54891
Federal Taxpayer I.D. No.: 39-
0669450
____________________________
ASSIGNMENT
FOR VALUE RECEIVED, the undersigned sells, assigns, and transfers unto
(Name and Address of Assignee)
________________________ Social Security or other
Identifying Number of
________________________ Assignee
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the within Note and all rights thereunder and does hereby irrevocably constitute and appoint
___________________________________________________________________________ attorney to transfer
the said Note on the books kept for registration thereof with full power of substitution in the premises.
Dated: _______________________
_______________________________________
_______________________________________
NOTICE: The signature of this assignment must
correspond with the name of the registered owner as it
appears upon the face of the within Note in every
particular, without alteration or enlargement or any
change whatsoever.
Signature Guaranteed:
________________________________
(Bank, Trust Company, member of
National Securities Exchange)
EXHIBIT A TO NOTE
Amount of
Disbursement
Date of
Disbursement
$2,500,000 October 21, 2022
Section 4. Borrowed Money Fund; Debt Service Fund.
4.01 A The Series 2022 Borrowed Money Fund. There is hereby created a separate and special
fund designated as the Series 2022 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
2021 Promissory Note Debt Service Account.
C. The Series 2022 Promissory Note Debt Service Account. To the Series 2022 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 $38,754.17; 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
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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 $2,500,000 of the Note.
4.02 Debt Service Levy.
A. The Board hereby appropriates $38,754.17 from the County’s General Fund – Contingency Line
Item to the Debt Service Account to pay the interest due on the Note on February 28, 2023.
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 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.
Motion by Crandall, seconded by Sandstrom to adopt Resolution No. 2022-94 Providing for the
issuance, sale, and delivery of a $2,500,000 general obligation promissory note, series 2022,
establishing 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 2022 for 2023. Roll Call Vote: Dougherty-yes; Fickbohm-yes; Silbert-yes; Oswald-
yes; Rautio-yes; Sandstrom-yes; Ray-yes; Strand-yes; Rondeau-yes; Milanowski-yes;
Rekemeyer-yes; Crandall-yes; Pocernich-yes. Motion carried, 13-0.
8. Bayfield County Resolution No. 2022-95:
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2022 Sheriff’s Office Budget Amendment
WHEREAS, the State of Wisconsin Department of Administration has awarded each local law
enforcement agency in the State of Wisconsin an allocation of funds based on the size of the population
it serves; and,
WHEREAS, this program is intended to provide law enforcement agencies with additional resources to
help offset certain costs associated with hiring, training, testing, and equipping law-enforcement officers
as well as updating certain technology and policies and implementing new crime-reduction initiatives;
and,
WHEREAS, the total amount awarded to the Bayfield County Sheriff’s Office is $26,478 for the
duration of the award period which is between March 15, 2022 and June 30, 2023; and,
WHEREAS, the Bayfield County Sheriff’s Office will be purchasing equipment permitted for use with
these funds during the 2022 budget year; and,
WHEREAS, the total cost for these items is estimated to be $12,000; and,
WHEREAS, the total reimbursement for these items will be $12,000;
NOW THEREFORE BE IT RESOLVED, that the Bayfield County Board of Supervisors assembled
this 27th day of September 2022, does hereby authorize the 2022 Sheriff’s Office budget to be amended
to reflect increases in revenues and expenses to:
Increase Revenue:
100-17-43523-001 by $12,000
Increase Expenses:
100-17-52106-50810 by $ 7,000
100-17-52106-50290 by $ 5,000
Total Expenses: $12,000
Motion by Oswald, seconded by Rautio to adopt Resolution No. 2022-95 2022 Sheriff’s Office
Budget Amendment. Roll Call Vote; Fickbohm-yes; Strand-yes; Rekemeyer-yes; Sandstrom-yes;
Crandall-yes; Dougherty-yes; Oswald-yes; Rautio-yes; Ray-yes; Silbert-yes; Milanowski-yes;
Rondeau-yes; Pocernich-yes. Motion carried, 13-0.
9. Bayfield County Resolution No. 2022-96:
Resolution Thanking the Eleanor Schoenfeld Becker Trustees for Gifting 160 Acres
of Land to Bayfield County in the Town of Port Wing
WHEREAS, in August 2022, Bayfield County was gifted 160 acres of land from the Eleanor
Schoenfeld Becker Trust; and,
WHEREAS, the land is located in the SE ¼, Section 5, T49N-R7W, in the Town of Port Wing; and,
WHEREAS, William Schoenfeld purchased the property over a century ago and, upon his passing,
divided it among his four children (Bill, Eleanor, Mildred, and Loretta). In turn, their children inherited
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the land and combined all parcels to form the Eleanor Schoenfeld Becker Trust. The current generation
of Trustees is comprised of three cousins, Ronald Schoenfeld, Carol Schoenfeld Bohne and Joy Burdick
Nowell; and,
WHEREAS, the land will be enrolled in County Forest Law, managed as part of the Bayfield County
Forest and provide an abundance of public benefits;
NOW THEREFORE BE IT RESOLVED, that the Bayfield County Board of Supervisors assembled
this 27th day of September 2022, extends its sincere thanks and appreciation to the Eleanor Schoenfeld
Becker Trustees for the 160 acre gift of land.
Motion by Strand, seconded by Rondeau to adopt Resolution No. 2022-96 Thanking the Eleanor
Schoenfeld Becker Trustees for Gifting 160 Acres of Land to Bayfield County in the Town of Port
Wing. Motion carried, 12-0, 1 absent.
10. Bayfield County Resolution No. 2022-97:
Purchase of Land Within the Town of Barnes and Enrollment in County Forest
Law
WHEREAS, Bayfield County is interested in purchasing a roughly one acre parcel, adjacent to East
Eight Mile Lake, in the Town of Barnes; and,
WHEREAS, the parcel is described as part of the SESW, Section 35, T46N-R9W, Town of Barnes, Tax
ID# 3309; and,
WHEREAS, the parcel is adjacent to Bayfield County Forest land and contains approximately 370’ of
frontage on East Eight Mile Lake; and,
WHEREAS, the Forestry and Parks Department actively pursues land acquisition opportunities,
including, but not limited to, those that improve county forest blocking and management efficiencies;
protect and/or maintain undeveloped shoreline; increase public access to water features; or otherwise
improve recreational potential; and,
WHEREAS, the purchase of this roughly one acre parcel is consistent with the Bayfield County Forest
Comprehensive Land Use Plan, would protect and more than double the amount of publicly accessible
shoreline on East Eight Mile Lake and improve future public recreational opportunities at this location;
and,
WHEREAS, the purchase price for this parcel would be $2,500.00, plus minimal administrative and
closing costs; and,
WHEREAS, a sufficient level of land acquisition spending authority has already been approved as part
of the 2022 Forestry and Parks Department budget. As such, no further budget amendment will be
required; and,
WHEREAS, this parcel would be enrolled in County Forest Law and managed as part of the Bayfield
County Forest; and,
WHEREAS, during their meeting on September 12, 2022, the Forestry and Parks Committee
unanimously approved the purchase of said property;
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NOW THEREFORE BE IT RESOLVED, that the Bayfield County Board of Supervisors assembled
this 27th day of September 2022, authorizes the Bayfield County Forestry and Parks Administrator, on
behalf of Bayfield County, to purchase the above listed parcel and subsequent entry of said land into
County Forest Law.
Motion by Strand, seconded by Sandstrom to adopt Resolution No. 2022-97 Purchase of Land
Within the Town of Barnes and Enrollment in County Forest Law. Motion carried, 13-0.
11. Report No. 2022-10:
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Motion by Strand, seconded by Silbert to suspend the rules to allow the Town of Russell
authorized agent, Robert Schierman to speak on behalf of agenda item numbers 11 and 12.
Rob Schierman gave a summary of the ordinance’s history as well as the town’s reasoning to
change the ordinance to the board. The ordinance amendment would remove the overlay district
and leave the Town of Russell subject to the same ordinance and zoning restrictions as the rest of
Bayfield County.
Motion by Strand, seconded by Silbert to receive and place on file Report No. 2022-10 Petition
to Amend Sections 13-1-63, Code of Ordinances, Bayfield County, Wisconsin. Motion carried,
13-0.
12. Bayfield County Amendatory Ordinance No. 2022-10:
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Motion by Strand, seconded by Rondeau to adopt Amendatory Ordinance No. 2022-10 Petition
to Amend Sections 13-1-63, Code of Ordinances, Bayfield County, Wisconsin. Motion carried,
13-0.
13. Bayfield County Amendatory Ordinance No. 2022-11:
To Add 1 Route to the All-Terrain Vehicles Designated Route 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.
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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.
(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
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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)
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
39. CTH E (CTH H to Highway 63) – 9.4 miles
40. CTH A (Summit Street in the Town of Iron River south to Kolling Road) – 2.1 miles
41. CTH M (Trail Inn Road to Telemark Road) – 0.6 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 it.
Motion by Crandall, seconded by Ray to adopt Amendatory Ordinance No. 2022-11 To Add 1
Route to the All-Terrain Vehicles Designated Route in the Bayfield County Code of Ordinances,
Title 10 – Chapter 3. Motion carried, 13-0.
14. Discussion and Possible Action Regarding Tribal County Law Enforcement Agreement:
Abeles-Allison asked that the item be deferred to the next meeting. No action was taken on the
item.
15. Bayfield County Resolution No. 2022-98:
Authorizing the Formation of Housing RFP Review Committee and Criteria and
Executive Committee Action Selecting Developer
WHEREAS, On July 26, 2022 the Bayfield County Board authorized a Housing Development RFP;
and,
WHEREAS, Several proposals were received by the September 23 deadline; and,
WHEREAS, There is a short timeline for developer preparations as the WHEDA deadline for LITHC is
expected to be around the end of the year;
NOW THEREFORE BE IT RESOLVED, that the Bayfield County Board of Supervisors assembled
this 27th day of September 2022, does hereby authorize the formation of a review committee that will be
organized by county staff, incorporating city and county representatives in addition to other housing
related experts; and,
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BE IT FURTHER RESOLVED, that the Committee will evaluate proposals and make a
recommendation to the Bayfield County Executive Committee to make a final decision on a Developer;
and,
BE IT FURTHER RESOLVED, that the criteria for the review shall be:
• Creation of new attainable housing opportunities for Senior Workforce populations
• Financial Viability of Project
• Developer Experience and Qualifications
• Opportunities for Collaboration with Local Partners
• Innovation
Abeles-Allison reviewed the purpose of the resolution and informed the board that several
applications were received. Discussion took place regarding the criteria listed.
Motion by Silbert, seconded by Ray to allow meeting attendees that submitted application to
speak on behalf of their project. Motion carried, 13-0.
Max Lindsey, housing development applicant, informed the board that he and his wife submitted
and application and gave a history of their experience with housing and property ownership.
Lindsey owns and manages multiple properties but does not have experience with a housing
development project of this size.
Brett Campbell, North Valley Construction, gave a history of his experience with construction
and housing development to the board and spoke in favor of Lindsey’s proposal.
Motion by Silbert, seconded by Fickbohm to adopt Resolution No. 2022-98 Authorizing the
Formation of Housing RFP Review Committee and Criteria and Executive Committee Action
Selecting Developer. Motion carried, 13-0.
16. Discussion and Possible Action Regarding the Appointment of Christina Eliason to the
Bayfield County Board of Adjustment with a Term Ending June 30, 2025:
Pocernich asked Abeles-Allison if a member was leaving. Abeles-Allison replied that Dennis
Rasmussen was wanting to leave the Board of Adjustment. Silbert asked if anyone knew the
applicant and had knowledge of their qualifications. Abeles-Allison answered no. Silbert
suggested to wait to take action on the item until staff has a chance to interview the applicant and
check their qualifications. The board agreed and no action was taken.
16. Reports;
a) Future County Board Meeting Dates:
a. October 25, 2022
b. November 15, 2022 (statutory requirement)
c. December – will meet if necessary
b) Executive Committee Budget Meeting Schedule (All Invited)
a. Sept 27, Tuesday, 4pm
b. Sept 29, Thursday 4pm
c. Monday October 3, 4pm
d. Thursday, October 6, 4pm
c) Comprehensive Planning Meeting Update: Abeles-Allison reported that the committee
recently met and had an excellent discussion regarding the plan components. One challenge the
committee noted is that every town has its own unique classification system within their land use
plan and those classifications often do not coincide with the county’s classification system. Ray
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reported that one of his work groups found a lot of ideas in the previous plan that were not
implemented or acted upon and the group would like to discuss if adequate staff time will need
to be budgeted for such ideas or if the current budget staff time could be utilized.
d) Courthouse Construction Projects:
a. Courthouse Annex HVAC
b. Annex/Jail Roof
c. Electric/Micro-Grid/Solar
17. Supervisors’ Reports: Silbert reported that Northern Lights has been experiencing several issues
and he has requested that Abeles-Allison reach out to Pauline Darling, Northern Lights CEO,
and have her speak on these issues at an upcoming board meeting. Abeles-Allison informed the
board that Darling has been added to the October County Board agenda.
Ray reported that the Economic Development Corporation is also currently undertaking the
strategic planning process.
Sandstrom reported that he was asked to speak at the League of Women Voters’ meeting the
night before on behalf of Bayfield County and noted that many parties spoke in favor of the
county.
Oswald asked for a report on the recent WCA Conference. Pocernich reported that the
conference had a good turnout and overall went well. The resolutions in support of meat
processors and rural EMS, that were submitted by Bayfield County, were both accepted.
18. Adjournment:
There being no further business to come before the Bayfield County Board of Supervisors,
Chairman Pocernich adjourned the meeting at 7:24 p.m.
Respectfully submitted,
LYNN M. DIVINE
Bayfield County Clerk
LMD/pat