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HomeMy WebLinkAboutCounty Board of Supervisors - Minutes - 2/28/2023 1 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 Monthly Meeting of the Bayfield County Board of Supervisors February 28, 2023 Meeting Held in the Bayfield County Board Room, Courthouse, Washburn, WI Call to Order: The meeting of the Bayfield County Board of Supervisors was called to order at 6:00 p.m. by Bayfield County Board Chairman, Dennis M. Pocernich. A roll call was taken by County Clerk, Lynn Divine, as follows: Mary Dougherty-present; Larry Fickbohm-present; Charly Ray-present; Jeremy Oswald-present; Jeff Silbert-present; Fred Strand-present; John Rautio-present; Marty Milanowski-present; Madelaine Rekemeyer-absent; Jim Crandall-present; Brett Rondeau-present; Dennis Pocernich-present; Steve Sandstrom-present. Total: 12 present, 1 absent. A quorum was present to conduct business. Others Present: County Administrator- Mark Abeles-Allison; County Clerk- Lynn M. Divine; Ashland Daily Press Reporter- Rick Olivo; Circuit Court Judge- John Anderson; Bayfield County/City of Washburn Housing Authority Commissioner- Jason Maloney; Bayfield County/City of Washburn Housing Authority Board Chair-Karen Novachek; Bayfield County/City of Washburn Housing Authority Executive Director- Jennifer Toribio Warren; American Birkebeiner- Ben Popp; Wisconsin Natural Resource Board Member- Sandra Naas; Bayfield County Economic Development Corporation Executive Director- Cole Rabska; Health Director- Sara Wartman; Planning & Zoning Director- Ruth Hulstrom; and Clerk III- Paige Terry. Pledge of Allegiance: The Pledge of Allegiance was recited by all in attendance. There was a moment of silence held for Bayfield County employee Val Dietrich, who passed away on February 19, 2023. 6:02 p.m. - Chairman Pocernich skipped ahead to item five on the agenda. Approval of Minutes from January 31, 2023: Motion by Milanowski, seconded by Rautio, to approve the January 31, 2023, Minutes of the Monthly Bayfield County Board of Supervisors. Motion carried, 12-0, 1 absent. Bayfield County Resolution No. 2023-20: In Recognition and Appreciation of Rick Olivo, Ashland Daily Press, for Service to Bayfield County and Region WHEREAS, Citizens and Local Governments depend upon our local news media to provide unbiased, balanced, thorough, investigative and thought provoking news reporting; and, WHEREAS, the Ashland Daily Press has filled this role for decades; and, WHEREAS, During his 31-year career as newspaper journalist Rick has highlighted issues of importance and interest across the region; and, WHEREAS, Rick Olivo has showed a commitment to his community by diligently reporting stories that needed to be told, stories that were fun to read, and stories that reflected the issues of the day; and, 2 WHEREAS, Rick Olivo is a master writer, whose prose conveys the facts clearly and with a style that sparkles but never distracts; and, WHEREAS, Rick Olivo is known for his vast wealth of knowledge earning him the nickname “Rickipedia;” and, WHEREAS, Many of Rick’s favorite stories reflect on the triumph of the human spirit, stories that are enriching and highlight a love of humanity; and, WHEREAS, While the newspaper industry continues to evolve, Rick Olivo has been a constant source of news and institutional knowledge for Bay Area Communities. NOW, THEREFORE, BE IT RESOLVED, that the Bayfield County Board of Supervisors assembled this 28th day of February 2023, recognizes Rick Olivo for his years of dedication and contributions to the Bay Area community; and, BE IT FURTHER RESOLVED, that the Bayfield County Board of Supervisors wish Rick Olivo well in the years ahead in the Bay Area community. John Anderson, Bayfield County Circuit Court Judge, thanked Rick for his dedication and service during his years at the Daily Press. Olivo shared one of his favorite memories during his career. That memory occurred in the Bayfield County Courtroom. Motion by Silbert, seconded by Ray, to adopt Resolution No. 2023-20 In Recognition and Appreciation of Rick Olivo, Ashland Daily Press, for Service to Bayfield County and the Region. Motion carried, 12-0, 1 absent. 6:11 p.m. – Chairman Pocernich returned to the public comment item on the agenda. Public Comment: None. Introduction of New Housing Authority Director and UW Extension Housing Development Educator Specialist: Jason Maloney, Bayfield County/City of Washburn Housing Authority Commissioner, introduced to the board, Jennifer Toribio-Warren, the new Executive Director of the housing authority. Abeles-Allison then introduced Kelly Westlund as the new UW Extension Housing Development Educator Specialist. Presentation By Sandra Naas of the State of Wisconsin Natural Resources Board: Sandra Naas, candidate to be a member of the State of Wisconsin Natural Resources Board, introduced herself and gave a history of her family, career and the many interests she has with environmental issues. She feels honored to be nominated for this position and asks for the support of the board to obtain her confirmation. 6:28 p.m. – The board took a 15-minute recess. 6:46 p.m. – The board reconvened. Bayfield County Resolution No. 2023-21: A Resolution to the Wisconsin Economic Development Corporation in Support of a Community Development Investment (CDI) Grant for the American Birkebeiner WHEREAS, the Wisconsin Economic Development Corporation (WEDC) accepts applications for a Community Development Investment Grant to assist with the funding of new construction and/or redevelopment of rural downtown districts; and, 3 WHEREAS, as part of the application process for a Community Development Investment Grant, the applicants seeking the grant must provide the WEDC with a signed resolution by the local government authorizing the submittal of an application; and, WHEREAS, the American Birkebeiner Ski Foundation, has proposed a re-development destination named The Mount Telemark Village Base Camp in the Town of Cable located at 42225 Telemark Rd. Funds will be used for the creation of a 12,000 square foot community center, parking area and landscaping, at the epicenter of skiing, running, biking, hiking in Northern Wisconsin to provide a launch point to enjoy outdoor activities; and, WHEREAS, the proposed reconstruction of the property will support the quality of life and economic health of the Town of Cable and Bayfield County as a whole; and, WHEREAS, the County seeks to collaborate with the Town of Cable and to assist the American Birkebeiner and the Mt. Telemark Village in obtaining the Community Development Investment Grant as the Town and County cannot help facilitate the development of the property in any other way; NOW THEREFORE BE IT RESOLVED, that the Bayfield County Board of Supervisors assembled this 28th day of February 2023, does hereby authorize the submission of an application for a Community Development Investment Grant to the WEDC for the real property located at 42225 Telemark Rd and authority is granted to the proper County officials to take the necessary steps to prepare and file the appropriate application for funds under this program in accordance with this resolution and that the proper County officials are hereby authorized to sign all necessary documents on behalf of Bayfield County. Ben Popp, American Birkebeiner representative, reviewed the Mount Telemark Village project with the board. The project is estimated to break ground in July, 2023, and be completed by February, 2024. Fickbohm asked if the high school ski league will continue to be allowed to meet at the property location after the project is completed. Popp indicated the league would be encouraged to continue and that a mountain bike league has also signed a contract to continue to meet at the site for the next five years. Motion by Sandstrom, seconded by Rondeau, to adopt Resolution No. 2023-21 A Resolution to the Wisconsin Economic Development Corporation in Support of a Community Development Investment (CDI) Grant for the American Birkebeiner. Motion carried, 12-0, 1 absent. Bayfield County Economic Development Annual Report, Cole Rabska: Cole Rabska, Bayfield County Economic Development Corporation Executive Director, delivered the corporation’s annual report. The BCEDC worked with over 160 businesses and entrepreneurs to assist with grant applications, permitting and licensing, finance and funding opportunities, business development, educational opportunities, networking, and legal advice opportunities free of charge. Rabska reported that he and Abeles-Allison met with a representative from Fleet Farm to encourage them to continue looking at property within Bayfield County. Fleet Farm is now in the middle of the permitting process for developing on a property located in the Town of Eileen. The Main Street Bounceback Grant brought in $580,000 in funds to the area that were used to support local businesses and entrepreneurs. The WEDC selected the Bayfield County Business Park as one of a few sites to participate in a Pilot Certified Site Selector Program that is intended to assist business/industrial parks in becoming state certified. Rabska continues to work through the site certification process. 4 Partnering with UW Extension, Bayfield County government, municipal governments and other local agencies, the BCEDC continues to work on the WHEDA Workforce Housing Development Pilot Program. 7:00 p.m. – Chairman Pocernich moved ahead to item 12 on the agenda. Discussion and Possible Action, Consent Agenda: Bayfield County Resolution No. 2023-22: To Accept Wisconsin Lead-in-Water Testing and Remediation Initiative Grant WHEREAS, the Bayfield County Health Department has received grant funding in the amount of $4,800.00 from the State of Wisconsin, Department of Health Services to test all water outlets at each enrolled child-care center and work with each facility on any follow-up testing or immediate actions to reduce lead in water hazard exposure at the center. The grant covers all sampling supplies and shipping costs. Grant start date is November 1, 2022. Total award to be expended by September 30, 2023; and, WHEREAS, the 2023 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 2023; NOW, THEREFORE, BE IT RESOLVED, that the Bayfield County Board of Supervisors assembled this 28th day of February, 2023, hereby authorizes the use of Revenue Account Number 100-20-43550 and Expense Account Number 100-20-54102 for the Lead-in-Water Testing Grant; and, BE IT FURTHER RESOLVED, that the Bayfield County Board of Supervisors hereby amends the 2023 budget by $4,800.00 for grant revenue/expenses: Increase Revenue: Lead-In Water Testing/ 100-20-43550 by $4,800 Remediation Grant Increase Expenses: Full-Time 100-20-54102-50121 by $1,964 FICA/Medicare 100-20-54102-50151 by $ 218 Retirement 100-20-54102-50152 by $ 194 Health Insurance 100-20-54102-50154 by $ 883 Life Insurance 100-20-54102-50155 by $ 1 Contractual Services 100-20-54102-50290 by $1,200 Operating Supplies 100-20-54102-50340 by $ 260 Postage 100-20-54102-50311 by $ 80 Total Expenses: $4,800 Bayfield County Resolution No. 2023-23: 5 To Accept TUFTS Telehealth Funding (THIS-WIC) WHEREAS, the Bayfield County Health Department has received additional grant funding in the amount of $1,631.00 from the State of Wisconsin, Department of Health Services. This allows the WIC staff to continue to pilot an online nutrition education platform that will enhance virtual clinic visits. Grant start date is January 1, 2022. Total award to be expended by March 31, 2023; and, WHEREAS, the 2023 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 2023; NOW, THEREFORE, BE IT RESOLVED, that the Bayfield County Board of Supervisors assembled this 28th day of February, 2023, hereby authorizes the use of Revenue Account Number 100-20-43550- 024 and Expense Account Number 100-20-54128 for the THIS-WIC; and, BE IT FURTHER RESOLVED, that the Bayfield County Board of Supervisors hereby amends the 2023 budget by $1,631.00 for grant revenue/expenses: Increase Revenue: THIS-WIC Grant 100-20-43550-024 by $1,631 Increase Expenses: Part-Time 100-20-54128-50122 by $1,425 FICA/Medicare 100-20-54123-50151 by $ 109 Retirement 100-20-54123-50152 by $ 97 Total Expenses: $1,631 Bayfield County Resolution No. 2023-24: 2022 Health Department Budget Amendments WHEREAS, amendments to the 2022 Health Department budget are necessary due to increases/decreases in federal and state grant funding; and, WHEREAS, provided in s. 97.615 (2) (d), Stats. a local Health Department can establish and collect fees for licenses; and, WHEREAS, Bayfield County collects fees for Transient Non-Community (TNC) Water System Inspection and Environmental Health Sanitarian Programs and these fees can be spent on these programs only; and, WHEREAS, at the end of the fiscal year, if fees collected are more than expenses, the remaining monies go into the fund balance; and, WHEREAS, in 2021, the fund balance for these two (2) programs is $58,468; and, WHEREAS, in 2022, total expenses exceeded revenues by $22,535; and, 6 WHEREAS, this will not affect the amount of tax levy used; NOW, THEREFORE, BE IT RESOLVED, that the Bayfield County Board of Supervisors assembled this 28thday of February 2023, amends the 2022 budget by $22,535 and authorizes the increase/decrease of the following revenue and expense accounts for 2022: ACCOUNT NUMBER DESCRIPTION ADJUSTMENTS Revenue Amendments 100-00-49301 Fund Balance 22,535 Total Revenue Amendment 22,535 Expenditure Amendments 100-20-54119-50154 Health Ins 22,535 Total Expenditure Amendment 22,535 Bayfield County Resolution No. 2023-25: In Recognition and Appreciation of Ellen Braddock’s Years of Commitment and Service on the Board of Health WHEREAS, Ellen “Ellie” Braddock has served Bayfield County on the Board of Health as a community representative since August 2014; and, WHEREAS, Wisconsin State Statute 251.04 outlines powers and duties of a Board of Health; and, WHEREAS, the role of a Board of Health member is to assure measures are taken to provide an environment in which individuals can be healthy; and, WHEREAS, during Ellen’s eight years of service she provided guidance and support to the department while advocating for the provision of reasonable and necessary public health services on behalf of Bayfield County; and, WHEREAS, we reflect on the numerous contributions that you have made during your tenure, including implementing new health initiatives such as the Hydrogeological Atlas Project, Reproductive Health – Family Planning Program, and Narcan Direct Program; responding to public health crises including the COVID-19 Global Pandemic; and serving as an advocate for persons living with mental health and substance use disorders; and, WHEREAS, your contributions to public health and wellbeing will not soon be forgotten, and your legacy will live on in the positive impact you have had on the lives of so many; NOW, THEREFORE, BE IT RESOLVED, that the Bayfield County Board of Supervisors assembled this 28th day of February 2023, honors Ellen Braddock for her eight years of public service to Bayfield County and expresses gratitude for her unwavering dedication to community health and wellness, wishing her well in the years ahead. Bayfield County Resolution No. 2023-26: 2022 YEAR END SQUAD CAR FUND BUDGET AMENDMENT-SHERIFF’S OFFICE 7 WHEREAS, the 2022 Sheriff’s Squad Car Fund expense budget is used for squad related expenses with revenues coming from insurance recoveries, sale of vehicles and depreciation (squad mileage charges); and, WHEREAS, Repair and Maintenance service costs exceeded budgeted expenses; and, WHEREAS, the Sheriff’s Squad Fund account has a sufficient balance to cover these expenses; NOW, THEREFORE, BE IT RESOLVED, that the Bayfield County Board of Supervisors assembled this 28th day of February, 2023, does hereby authorize the 2022 Sheriff’s Squad Car Fund budget to be amended to reflect the expenses from unexpected costs to: Increase Revenue: Apply Fund Balance 760-76-49301 by $29,000 Increase Expenses: Increase Repair & Maintenance Expenses 760-76-52120-50350 by $ 3,368 Increase Fuel Expenses 760-76-52120-50351 by $25,632 Total Expenses: $29,000 Motion by Rondeau, seconded by Crandall, to adopt the consent agenda as presented. Motion carried, 12-0, 1 absent. Bayfield County Amendatory Ordinance No. 2023-03: An Ordinance Amending Title 9 – Chapter 2 of the Code of Ordinances, Bayfield County, Wisconsin WHEREAS, Bayfield County Health is an agent of the Wisconsin Department of Safety and Professional Services (DSPS) and Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) programs; and, WHEREAS, Chapter 66 Sections 66.0417, Chapter 93 Sections 93.06(14) and Chapter 97 of the Wisconsin State Statutes authorize Bayfield County Health Department as the designated agent for DATCP for the purpose of establishing annual fees; issuing permits; conducting routine sampling; inspecting or investigating food service establishments, retail food establishments, lodging, pools, campgrounds, recreational and/or educational camps, and food vending; and, WHEREAS, Sections 463.10, 463.12, 463.16, and 463.18 of the Wisconsin Statutes authorize Bayfield County Health Department as the designated agent for the Department of Safety and Professional Services (DSPS) for the purpose of establishing permit fees; issuing permits, conducting routine inspections of tattooing and body art establishments and practitioners; enforcing State Law governing these establishments; and enactment of local regulations governing these establishments which may be stricter than State Law; and, WHEREAS, Bayfield County Health Department is legally bound to abide with DSPS and DATCP program standards; and, 8 WHEREAS, we participate in an audit with the DATCP program every three years; and, WHEREAS, we have received guidance from the DATCP agency to regularly review and revise our ordinance to align with our DATCP contract; and, WHEREAS, the Title 9 – Chapter 2 “Lodging, Recreation Establishment, Food Protection, and Tattoo and Body Piercing Establishments” Ordinance and fee schedule has not been updated since Autumn 2017; and, WHEREAS, the Bayfield County Health Department pays a certain percentage of all license fees back to the DSPS and DATCP programs as agency fees each year; and, WHEREAS, that percentage of agency fees will be increasing over the next several years; and, WHEREAS, the percentage of agency fees has been ten (10) percent for several years; and, WHEREAS, that fee is expected to increase up to twenty (20) percent over the next several years; and, WHEREAS, Bayfield County Health Department program costs have been increasing over the past several years, including travel, staff and other program costs; and, WHEREAS, this ordinance has removed the Reference Document A – Environmental Health Fee Schedule so that future adjustments may be made as needed; and, WHEREAS, any fee increases level with State fee increases will be approved by the Board of Health; and, WHEREAS, any other fee adjustments will require Board of Health recommendation and County Board of Supervisors approval; and, WHEREAS, the proposed changes will not go into effect until April 1, 2023, for the license year beginning on July 1, 2023; NOW THEREFORE BE IT RESOLVED, that the Bayfield County Board of Supervisors assembled this 28th day of February 2023, does hereby ordain as follows: AN ORDINANCE AMENDING TITLE 9 – CHAPTER 2 AND TITLE 9 – REFERENCE DOCUMENT A OF THE CODE OF ORDINANCES, BAYFIELD COUNTY, WISCONSIN Chapter 2: Food Protection, Lodging, Pools, Campgrounds, Recreational/Educational Camps, Tattoo and Body Piercing Establishments Sec. 9-2-1: Authority and Purpose This Chapter is adopted pursuant to the authority provided by Wisconsin Statutes Chapter 97 Food, Lodging and Recreation, to protect and improve public health. Sections 66.0417, Chapter 93.06(14), and Chapter 97 of the Wisconsin Statutes authorize Bayfield County Health Department to be designated as an Agent of the State Department of Agriculture, Trade, and Consumer Protection (DATCP) for the purpose of establishing annual fees; issuing permits; conduct routine sampling; inspecting or investigating food service establishments, retail food establishments, lodging, pools, campgrounds, recreational and/or educational camps, and food vending. Sections 463.10, 463.12, 463.16, and 463.18 of the Wisconsin Statutes authorize 9 Bayfield County Health Department as the designated agent for the Department of Safety and Professional Services (DSPS) for the purpose of establishing permit fees; issuing permits, conducting routine inspections of tattooing and body art establishments and practitioners; enforcing State Law governing these establishments; and enactment of local regulations governing these establishments which may be stricter than State Law. Sec. 9-2-2: Applicability The provisions of this Chapter shall apply to the owner, operator, or person in charge of any and all food service establishments, retail food establishments, hotels, motels, bed and breakfasts, tourist rooming houses, campgrounds, recreational camps, educational camps, public pools, food vending machines and food vending commissaries, tattooing establishments and practitioners, and body piercing establishments and practitioners in all areas of Bayfield County. Sec. 9-2-3: Definitions The following definitions shall be applicable in this Chapter: (a) Statutory Definitions. In addition to those definitions set forth expressly hereinafter, all definitions set forth in Wisconsin Statutes, Section 66.0417, 463 and Chapter 97, ATCP 72, 73, 74, 75 and Appendix, 76, 78, 79, and SPS 221 Wisconsin Administrative Code, are incorporated herein by reference and they shall be construed, read, and interpreted as if set forth herein until amended and then shall apply as amended. (b) Annual Fee. A fee for on-site visits to determine that establishments identified in this Chapter are compliant with the statutes and administrative codes that govern their operation. (c) Bed and Breakfast Establishment. Means any place of lodging that provides 8 or fewer rooms for rent to no more than a total of 20 tourists or other transients for more than 10 nights in a 12-month period, is the owner's personal residence, is occupied by the owner at the time of rental, and in which the only meal served to guests is breakfast. (d) Body-piercing Establishment. Means the premises where a body piercer performs body piercing. (e) Campground. "Campground" means a parcel or tract of land owned by a person, the state or a local government, which is designed, maintained, intended or used for the purpose of providing camp sites offered with or without charge, for temporary overnight sleeping accommodations. (f) Priority Items. A provision in ATCP 75 whose application contributes directly to the elimination, prevention or reduction to an acceptable level, hazards associated with foodborne illness or injury and there is no other provision that more directly controls the hazard, and is denoted in the Wisconsin Food Code with a superscript “P.” (g) Food Service Establishment. Any building, room or place at which the predominant activity is the preparation, service, or sale of meals to transients or the general public, including all places used in connection with it and including any public or private school lunchroom for which food service is provided by contract. "Meals" does not include soft drinks, ice cream, milk, milk drinks, ices and confections. “Food Service Establishment” does not apply to: (1) Taverns that serve free lunches consisting of popcorn, cheese, crackers, pretzels, cold sausage, or peanuts, cured fish or bread and butter. 10 (2) Churches, religious, fraternal, youth, or patriotic organizations, service clubs and civic organizations which occasionally prepare, serve, or sell meals to transients or the general public. (3) Any public or private school lunchroom for which food service is directly provided by the school or a private individual selling foods from a movable or temporary stand at public farm sales. (4) Any bed and breakfast establishment that serves breakfast only to its lodgers. (5) The serving of food or beverage through a license vending machine. (6) Any college campus, as defined in s. 36.05 (6m), institution as defined in s. 36.51 (1) (b) or technical college that serves meals only to the students enrolled in the college campus, institution or school or to authorized elderly persons under s. 36.51 or 38.36 (7) A concession stand at a locally sponsored sporting event, such as a little league game. (8) A potluck event. (h) Health Department. The Bayfield County Health Department. (i) Hotel/Motel. "Hotel" means a place where sleeping accommodations are offered for pay to transients, in 5 or more rooms, and all related rooms, buildings and areas. "Motel" means a hotel that furnishes on premise on-premises parking for motor vehicles of guests as part of the room charge, without extra cost, and that is identified as a "motel" rather than a “hotel" at the request of the operator. (j) Late Fee. Shall mean a fee for failure to pay established or assessed fees in a timely manner. This refers to any fee not postmarked by the end of the two-week grace period July 15th. (k) Occasionally. Not more than three days during any 12-month period. (l) Pool. Means a structure, basin, chamber, or tank, and appurtenant buildings and equipment, used for wading, swimming, diving, water recreation, or therapy. Types of pools include pools used for swimming, combination pools, diving pools, exercise pools, experiential pools, mobile pools, therapy pools, wading pools, whirlpools, and cold soak pools. (m) Pre-inspection fees. A fee for plan review or change of ownership of an existing establishment offered within a six-month period from the date of permit application and prior to the issuance of a permit to persons intending to operate an establishment as defined in Section 9-2-1 of this Chapter. (n) Recreational Educational Camp. Means a premises, including temporary and permanent structures, that is operated as an overnight living quarters where both food and lodging or facilities for food and lodging are provided for children or adults or both children and adults for a planned program of recreation or education, and that is offered free of charge or for payment of a fee by a person or by the state or a local unit of government. "Camp" does not include any of the following: (1) An overnight planned program of recreation or education for adults or families at an establishment holding a current hotel or motel or restaurant permit. (2) An overnight planned program of recreation or education for less than 4 consecutive nights and without permanent facilities for food and lodging. (3) An overnight planned program for credit at an accredited academic institution of higher education. 11 (4) A tournament, competition, visitation, recruitment, campus conference or professional sports team training camp. (o) Re-inspection Fees. A fee for any subsequent inspections necessary to achieve compliance with the statutes and administrative codes that govern operation of the establishment or practitioner. The re-inspection fees established are as set forth on a fee schedule, which is incorporated herein by reference as Reference Document A, Environmental Health License Fee Schedule. (p) Retail Food Establishment means a permanent or mobile food processing facility where food processing is conducted primarily for direct retail sale to consumers at the facility, a mobile facility from which potentially hazardous food is sold to consumers at retail or a permanent facility from which food is sold to consumers at retail, whether or not that facility sells potentially hazardous food or is engaged in food processing. “Retail food establishment” includes a restaurant or temporary restaurant, but does not include an establishment holding a license under s.97.605, to the extent that the activities of the establishment are covered by that license. (q) Tattoo establishment means the premises where a tattooist applies a tattoo to another person. (r) Temporary Permit Suspension. The revocation of a permit for a time period set for no less than twenty-four hours and no greater than one week as determined by the Health Officer or his/her designee. (s) Temporary Restaurant or Temporary Retail Food Establishment shall mean a restaurant or retail food establishment that operates at a fixed location in conjunction with a single event such as a fair, carnival, circus, public exhibition, anniversary sale, or occasional sales promotion. Mobile establishments of this type which conduct business in the jurisdiction of Bayfield County, that are licensed outside of the area of jurisdiction, will be inspected and charges charged an inspection fee. (t) Tourist Rooming House means all lodging places and tourist cabins and cottages, other than hotels and motels, in which sleeping accommodations are offered for pay to tourists or transients. It does not include private boarding or rooming houses not accommodating tourists or transients, or bed and breakfast establishments regulated under Ch. ATCP 73. Sec. 9-2-4 License and Permit (a) No person shall operate a food service establishment, a retail food establishment, hotel, motel, bed and breakfast, tourist rooming house, campground, recreational or educational camp, public pool, tattooing establishment, or body piercing establishment without first obtaining a non-prorated permit from the Health Department. Permits shall be issued on an annual basis, commencing with July 1 and ending on the following June 30th. Each such permit shall expire on June 30th of each year following their issuance except that permits initially issued during the period beginning on April 1 and ending June 30th shall expire June 30th of the following year. The issuance of a permit may be conditioned upon the owner or operator correcting a violation of this Chapter within a specified time frame to be determined by the Health Department. If the condition is not met within the specified time, the permit shall be voided. With the exception of 9-2-4(a)(1) and 9-2-4(a)(2), the permit shall not be transferable to another location or operator. (1) As to location, a temporary permit is required for special events for each separate event and is may be subject to approval by the Health Department prior to operating at the new premises. 12 (2) No person shall operate a temporary or mobile retail food establishment with out without obtaining an inspection from the Health Department and paying the inspection fee with the exception of: (a) A temporary retail food establishment that has obtained a permit from the Health Department to operate. (3) As to an operator, a A permit for a food service establishment may be transferred to an individual who is an immediate family member of the operator. A parent, child, stepchild, spouse, grandparent, grandchild, sibling or stepsibling shall be considered an immediate family member for purposes of this Chapter. Permits for retail food body art establishments shall not be transferred to an are not transferrable to an immediate family member. A new and separate license shall be issued. (b) No permit shall be granted to any person under this Chapter without a pre-inspection by the Health Department of the premises for which the permit is requested. (c) No permit shall be issued or renewed until all application fees, inspection fees, re- inspection fees, late fees, violation penalty forfeitures, and citations for violations of this Chapter have been paid. Sec. 9-2-5 Application Applications for permits shall be made in writing to the Bayfield County Health Department on forms developed and provided by the Health Department stating the name and address of the proposed applicant and operator, and such other information as may be required. The Health Department shall either approve or deny the application within thirty (30) days after receipt of a complete application. Sec. 9-2-6 Fees Fees for the issuance of permits, the conducting of investigations, inspections, training and technical assistance to establishments covered pursuant to this Chapter are hereby established pursuant to this Chapter, subject to amendment, from time to time, upon the recommendation of the Bayfield County Board of Health and approval of the County Board of Supervisors. In addition, separate pre-inspection fees are hereby established with respect to new establishments or existing establishments that have been transferred to a new owner. The fees established are as set forth on a fee schedule, which is incorporated herein by reference as in Reference Document A. The fees include any corresponding State fees, which shall be paid to the State by the County when collected. If any State fee is increased, the Board of Health may increase the corresponding fee under this Chapter Reference Document A by the same amount without County Board approval. Fee increases greater than the State fee increases are subject to recommendation from the Bayfield County Board of Health and approval of the County Board of Supervisors. Sec. 9-2-7 Public Display of Permits and Food Manager Certifications Every licensed establishment shall display at all times and in public view, the permit of the establishment and any Food Manager Certifications. Sec. 9-2-8 Enforcement (a) The provisions of this Chapter shall be administered by or under the direction of the Health Officer of the Health Department, who in person or by duly authorized representatives, shall have the right to enter, at reasonable hours, upon premises affected by this regulation to inspect the premises, secure samples or specimens, examine and copy relevant documents and records, or obtain photographic or other evidence needed to enforce this Chapter. (b) The Health Officer and his/her designee(s) may issue citations for violations of this Chapter pursuant to the Bayfield County Citation Ordinance. In the event the position of 13 the Health Officer is vacant, personnel designated by the Board of Health may assume his/her authority under this Chapter. (c) Permits issued by the Health Department pursuant to this Chapter may be temporarily suspended for a violation of any provisions hereof or the State Statutes or Administrative Code provisions adopted by reference herein, if the Health Department determines that an immediate danger to health exists. (d) Continuing or flagrant violations of this Chapter shall also be subject to the following enforcement procedures: (1) If critical violations of this Chapter are not corrected at the time of inspection or if three or more critical violations are discovered during an inspection, or if the same critical violations are observed on two or more consecutive inspections, then a re-inspection shall be conducted. (2) If any repeat critical violations of this Chapter exist at the time of re-inspection, a re-inspection shall be conducted and the re-inspection fees established are as set forth on a fee schedule, which is incorporated herein as Reference Document A and shall be assessed on the legal licensee of the establishment. (e) The following procedure shall be followed in the denial, suspension or revocation of any License issued under this article: (1) A decision by The Health Officer and his/her designee(s) to deny, suspend or revoke a License shall be in writing and shall state, with specificity, the reasons for the Health Officer's decision and shall state any and all applicable statutes, ordinances, rules, regulations or orders which may have been violated. The Health Officer and his/her designee(s) shall send to the Licensee copy of the written decision as required by this article. Said notice shall inform the Licensee or applicant of the right to have the decision reviewed and a summary of the procedure for such review required by this article. (2) A Licensee aggrieved by a decision of The Health Officer and his/her designee(s) to deny, suspend or revoke a License must send a written Request for Review and Reconsideration to the Health Officer within ten working days of receipt of the notice of The Health Officer and his/her designee(s) decision. The Request for Review and Reconsideration shall state the grounds upon which the Person or Licensee aggrieved contends that the decision should be reversed or modified. (3) Within ten working days of receipt of the Request for Review and Reconsideration the Health Officer and his/her designee(s) shall review its initial determination. The Health Officer may affirm, reverse or modify the initial determination. The Health Officer and his/her designee(s) shall mail or deliver to the Licensee or applicant a copy of The Health Officer and his/her designee(s) decision on review, and shall state the reasons for such decision. The decision shall advise the Licensee or applicant of the right to appeal the decision by filing a notice of appeal, the time within which appeal shall be taken and the office or person with whom notice of appeal shall be filed. (4) A Licensee or applicant who wishes to appeal a decision made by the Health Officer and his/her designee(s) on review must file a notice of appeal within ten days of receipt of the Health Officer’s and his/her designee(s) decision on review. The notice of appeal shall be filed or mailed to the Health Officer and his/her designee(s). The Health Officer and his/her designee(s) shall immediately file said notice of appeal with the County Board of Health. 14 (5) A Licensee or applicant shall be provided a hearing on appeal within 30 days of receipt of the notice of appeal. The Health Officer and his/her designee(s) shall serve the Licensee or applicant with notice of hearing by mail or personal service at least five days before the hearing. (6) The hearing shall be conducted before the County Board of Health and shall be conducted in accordance with the procedures outlined in Wis. Stats. § 68.11(2) and (3). (7) Within 15 days of the hearing, the County Board of Health shall mail or deliver to the Licensee or applicant the County Board of Health’s written determination stating the reasons for its decision. Sec. 9-2-9 Regulations, Rules and Laws Adopted by Reference The applicable laws, rules and regulations as set forth in Sections 66.0417, Chapter 93.06 (14), and Chapter 97 of the Wisconsin Statutes, and Chapters ATCP 72, 73, 75 and Appendix, 76, 78, 79, and SPS 221, AND SPS 390 of the Wisconsin Administrative Code are incorporated in this regulation by reference and they shall be construed, read, and interpreted, as fully set forth by reference and they shall be construed, read, and interpreted as fully set forth herein until amended and then shall apply as amended. The express provisions of this Chapter shall control where more restrictive. Sec. 9-2-10 Violation-Penalties Any person who violates or refuses to comply with any provisions of this Chapter shall be subject to a forfeiture of not less than One Hundred Dollars ($100) and not more than One Thousand Dollars ($1,000) for each offense. Each day a violation exists or continues may be considered a separate offense. Where appropriate, injunctive relief may be sought by the Health Department. REFERENCE DOCUMENT APPENDIX A LICENSE FEE SCHEDULE *Permit fees reflect 10% state admit fee Pre- 1st Restaurants Annual Fee Late Fee Inspection Fee Reinspection Fee 2nd RI Fee Prepackaged $115.50 $85.00 $130.00 $98.00 $130.00 Low Complexity $253.00 $85.00 $320.00 $240.00 $320.00 Moderate Complexity $363.00 $85.00 $470.00 $353.00 $470.00 High Complexity $594.00 $85.00 $770.00 $578.00 $770.00 Caterer-Prepackaged $115.50 $85.00 $130.00 $98.00 $130.00 Caterer-Low Complexity $253.00 $85.00 $320.00 $240.00 $320.00 Caterer-Moderate Complexity $363.00 $85.00 $470.00 $353.00 $470.00 Caterer High Complexity $594.00 $85.00 $770.00 $578.00 $770.00 Special Organization-Prepackaged $115.50 $85.00 $130.00 $98.00 $130.00 Special Organization-Low Complexity $253.00 $85.00 $320.00 $240.00 $320.00 Special Organization-Modearte Complexity $363.00 $85.00 $470.00 $353.00 $470.00 Special Organization-High Complexity $594.00 $85.00 $770.00 $578.00 $770.00 15 Mobile Restaurant-Prepackaged $115.50 $85.00 $130.00 $98.00 $130.00 Mobile Restaurant-Low Complexity $253.00 $85.00 $320.00 $240.00 $320.00 Mobile Restaurant-Moderate Complexity $363.00 $85.00 $470.00 $353.00 $470.00 Mobile Restaurant-High Complexity $594.00 $85.00 $770.00 $578.00 $770.00 Mobile Service Base-Prepackaged $115.50 $85.00 $130.00 $98.00 $130.00 Mobile Service Base-Low Complexity $253.00 $85.00 $320.00 $240.00 $320.00 Mobile Service Base-Moderate Complexity $363.00 $85.00 $470.00 $353.00 $470.00 Mobile Service Base-High Complexity $594.00 $85.00 $770.00 $578.00 $770.00 Temporary Restaurant- Annual $187.00 Temporary Restaurant - Event $55.00 per event Pg. 1 REFERENCE DOCUMENT APPENDIX A LICENSE FEE SCHEDULE *Permit fees reflect 10% state admit fee Retail Food Service Annual Fee Late Fee Pre- Inspection Fee 1st Reinspection Fee 2nd RI Fee Large-PHF $753.50 $85.00 $350.00 $450.00 Small PHF $291.00 $85.00 $265.00 $190.00 Small Non-PHF $209.00 $85.00 $150.00 $190.00 VSPH $66.00 $85.00 $125.00 $90.00 Not engaged in food processing $49.50 $85.00 $125.00 $90.00 Vending Machine Storage $121.00 $85.00 $515.00 $233.00 $310.00 Vending Machine Commissary $308.00 $85.00 $675.00 $300.00 $400.00 Vending Machine Operator $137.50 $85.00 Vending Machine Stickers $9.00 RECREATIONAL FACILITIES Annual Fee Late Fee Preinspection Fee 1st Reinspection Fee 2nd RI Fee Pools Public Pool $150.00 $85.00 $150.00 $75.00 Water Attraction $250.00 $85.00 $250.00 $125.00 Additional Water Attraction $150.00 $85.00 $150.00 $75.00 Lodging Annual Fee Late Fee Preinspection Fee 1st Reinspection Fee 2nd RI Fee TRH (1-4 units) $121.00 $85.00 $300.00 $128.00 $170.00 16 Lodging (5-30 units) $225.50 $85.00 $480.00 $218.00 $290.00 Lodging (31-99 untis) $308.00 $85.00 $665.00 $300.00 $400.00 Lodging (100-199 units) $390.50 $85.00 $795.00 $379.00 $505.00 Lodging (200 + units) $539.00 $85.00 $1,185.00 $525.00 $700.00 Bed and Breakfast $121.00 $85.00 $300.00 $128.00 $170.00 Pg. 2 REFERENCE DOCUMENT APPENDIX A LICENSE FEE SCHEDULE *Permit fees reflect 10% state admit fee Campgrounds Annual Fee Late Fee Preinspection Fee 1st Reinspection Fee 2nd RI Fee Campground (1-25 sites) $192.50 $85.00 $380.00 $180.00 $240.00 Campground (26-50 sites) $275.00 $85.00 $565.00 $263.00 $350.00 Campground (51-100 sites) $335.50 $85.00 $700.00 $319.00 $425.00 Campground (101-199 sites) $390.50 $85.00 $830.00 $375.00 $500.00 Campground (200+ sites) $451.00 $85.00 $965.00 $435.00 $580.00 Special Event Campground (1-25 sites) $192.50 Special Event Campground (26-50 sites) $275.00 Special Event Campground (51-100 sites) $335.50 Special Event Campground (101-199 sites) $390.50 Special Event Campground (200 + sites) $451.00 Recreractional/Educational camp $555.50 $85.00 $1,200.00 $540.00 $720.00 Body Art Establishments Annual Fee Late Fee Preinspection Fee 1st Reinspection Fee 2nd RI Fee Tattoo Establishment $148.50 $85.00 $280.50 $135.00 $180.00 Body Piercing Establishment $148.50 $85.00 $280.50 $135.00 $180.00 Combined Body Art/Tattooing $242.00 $85.00 $440.00 $221.00 $295.00 Temporary Tattoo Establishment $110.00 Temporary Body Piercing Establishment $110.00 Temporary Combined Body Art/Tattooing $110.00 Wartman reviewed the purpose of the ordinance with the board and explained the proposition to separate the fee schedule from the ordinance title itself. Motion by Oswald, seconded by Ray, to adopt Amendatory Ordinance No. 2023-03 An Ordinance Amending Title 9 – Chapter 2 of the Code of Ordinances, Bayfield County, Wisconsin. Motion carried, 12-0, 1 absent. Bayfield County Amendatory Ordinance No. 2023-04: 17 An Ordinance Amending Title 9 – Reference Document A (Fee Schedule) of the Code of Ordinances, Bayfield County, Wisconsin WHEREAS, Bayfield County Health is an agent of the Wisconsin Department of Safety and Professional Services (DSPS) and Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) programs; and, WHEREAS, Chapter 66 Sections 66.0417, Chapter 93 Sections 93.06(14) and Chapter 97 of the Wisconsin State Statutes authorize Bayfield County Health Department as the designated agent for DATCP for the purpose of establishing annual fees; issuing permits; conducting routine sampling; inspecting or investigating food service establishments, retail food establishments, lodging, pools, campgrounds, recreational and/or educational camps, and food vending; and, WHEREAS, Sections 463.10, 463.12, 463.16, and 463.18 of the Wisconsin Statutes authorize Bayfield County Health Department as the designated agent for the Department of Safety and Professional Services (DSPS) for the purpose of establishing permit fees; issuing permits, conducting routine inspections of tattooing and body art establishments and practitioners; enforcing State Law governing these establishments; and enactment of local regulations governing these establishments which may be stricter than State Law; and, WHEREAS, Bayfield County Health Department is legally bound to abide with DSPS and DATCP program standards; and, WHEREAS, we participate in an audit with the DATCP program every three years; and, WHEREAS, we have received guidance from the DATCP agency to regularly review and revise our ordinance to align with our DATCP contract; and, WHEREAS, the Title 9 – Chapter 2 “Lodging, Recreation Establishment, Food Protection, and Tattoo and Body Piercing Establishments” Ordinance and fee schedule has not been updated since Autumn 2017; and, WHEREAS, the Bayfield County Health Department pays a certain percentage of all license fees back to the DSPS and DATCP programs as agency fees each year; and, WHEREAS, that percentage of agency fees will be increasing over the next several years; and, WHEREAS, the percentage of agency fees has been ten (10) percent for several years; and, WHEREAS, that fee is expected to increase up to twenty (20) percent over the next several years; and, WHEREAS, Bayfield County Health Department program costs have been increasing over the past several years, including travel, staff and other program costs; and, WHEREAS, this ordinance has removed the Reference Document A – Environmental Health Fee Schedule so that future adjustments may be made as needed; and, WHEREAS, any fee increases level with State fee increases will be approved by the Board of Health; and, WHEREAS, any other fee adjustments will require Board of Health recommendation and County Board of Supervisors approval; and, 18 WHEREAS, the proposed changes will not go into effect until April 1, 2023, for the license year beginning on July 1, 2023; NOW THEREFORE BE IT RESOLVED, that the Bayfield County Board of Supervisors assembled this 28th day of February 2023, does hereby ordain as follows: LICENSE TYPE FEE RETAIL FOODS – SERVING MEALS Pre-Packaged Restaurant $125.00 Pre-Packaged Pre-Inspection $125.00 Full-Service – Simple Restaurant* $261.00 Full-Service – Simple Pre-Inspection $330.00 Full-Service – Moderate Restaurant* $374.00 Full-Service – Moderate Pre-Inspection $484.00 Full-Service – Complex Restaurant* $650.00 Full-Service – Complex Pre-Inspection $650.00 Additional Food Prep Area $100.00 RETAIL FOODS – NOT SERVING MEALS License – Retail Food – Prepackaged Does not engage in food processing and food sales of less than $25,000. $60.00 Pre-Inspection – Retail Food – Prepackaged Does not engage in food processing and food sales of less than $25,000. $125.00 License – Retail Food – Food sales of less than $25,000 and is engaged in food processing (Simple I) OR no processing and food sales over $25,000 Formerly: Food sales of at least $25,000 and is engaged in food processing, but does not process potentially hazardous food $125.00 Pre-Inspection – Retail Food – Food sales of less than $25,000 and is engaged in food processing (Simple I) OR no processing and food sales over $25,000 Formerly: Food sales of at least $25,000 and is engaged in food processing, but does not process potentially hazardous food $125.00 License – Retail Food – Not serving meals (Simple II) Formerly: Food sales of at least $25,000 and is engaged in food processing, but does not process potentially hazardous food $261.00 Pre-Inspection – Retail Food – Not serving meals (Simple II) Formerly: Food sales of at least $25,000 and is engaged in food processing, but does not process potentially hazardous food $330.00 License – Retail Food – Not serving meals, Moderate Formerly: Food sales of at least $25,000 but less than $1,000,000 and processes potentially hazardous food $374.00 Pre-Inspection – Retail Food – Not serving meals, Moderate Formerly: Food sales of at least $25,000 but less than $1,000,000 and processes potentially hazardous food $484.00 19 License – Retail Food – Not serving meals, Complex Formerly: Food sales of at least $1,000,000 and processes potentially hazardous food $650.00 Pre-Inspection – Retail Food – Not serving meals, Complex Formerly: Food sales of at least $1,000,000 and processes potentially hazardous food $650.00 EXEMPT FROM LICENSING School Kitchen – full food preparation – for 2 inspections per school year $440.00 Satellite Kitchen (reheat) – for two inspections per school year $200.00 TEMPORARY EVENT FOOD PERMIT Annual License $200.00 Single Event License $75.00 Inspection Fee Per Event $40.00 MOBILE FOOD ESTABLISHMENTS Prepackaged $125.00 Prepackaged Pre-Inspection $125.00 Full-service – Simple* $261.00 Full-service – Simple Pre-Inspection $330.00 Full-service – Moderate* $374.00 Full-service – Moderate Pre-Inspection $484.00 Full-service - Complex* $650.00 Full-service – Complex Pre-Inspection $650.00 MOBILE SERVICE BASE License - Prepackaged $125.00 Prepackaged Pre-Inspection $125.00 License - Full-service – Simple* $261.00 Full-service – Simple Pre-Inspection $330.00 License - Full-service – Moderate* $374.00 Full-service – Moderate Pre-Inspection $484.00 License - Full-service - Complex* $650.00 Full-service – Complex Pre-Inspection $650.00 LODGING Tourist Rooming House (1-4 rooms)** $155.00 Tourist Rooming House – Pre-Inspection $300.00 Bed and Breakfast (8 or less rooms)** $155.00 Bed & Breakfast – Pre-Inspection $300.00 Hotel/Motel (5-30 rooms) $233.00 Hotel/Motel (5-30 rooms) – Pre-Inspection $495.00 Hotel/Motel (31-99 rooms) $320.00 Hotel/Motel (31-99 rooms) – Pre-Inspection $685.00 Hotel/Motel (100-199 rooms) $405.00 20 Hotel/Motel (100-199 rooms) – Pre-Inspection $820.00 Hotel/Motel (200+ rooms) $555.00 Hotel/Motel (200+ rooms) – Pre-Inspection $1,221.00 SWIMMING POOLS & WATER ATTRACTIONS License (per pool) $225.00 Pre-Inspection (per pool) $225.00 RECREATIONAL & EDUCATIONAL CAMPS Recreational Education Camps License $560.00 Recreational Education Camps Pre-Inspection $618.00 CAMPGROUNDS Campground (1-10 sites) $200.00 Campground (1-10 sites) – Pre-Inspection $310.00 Campground (11-25 sites) $240.00 Campground (11-25 sites) – Pre-Inspection $392.00 Campground (26-50 sites) $285.00 Campground (26-50 sites) – Pre-Inspection $585.00 Campground (51-100 sites) $345.00 Campground (51-100 sites) – Pre-Inspection $721.00 Campground (100-199 sites) $263.00 Campground (100-199 sites) – Pre-Inspection $855.00 Campground (200+ sites) $465.00 Campground (200+ sites) – Pre-Inspection $995.00 Special Event Campground – Same as Above License Fees with No Pre-Inspection Fee TATTOO/BODY PERICING ESTABLISHMENT FEES Tattoo Establishment – License $160.00 Tattoo Establishment – Pre-Inspection $260.00 Body Piercing Establishment – License $160.00 Body Piercing Establishment – Pre-Inspection $260.00 Tattoo/Body Piercing Establishment (Combined) – License $250.00 Tattoo/Body Piercing Establishment (Combined) – Pre-Inspection $410.00 Temporary Tattoo or Body Piercing Establishment Fees – License $160.00 OTHER ENVIRONMENTAL HEALTH FEES Reinspection Fee $150.00 minimum fee (initial hour) + $60/hr every hour thereafter Subsequent Reinspection Fee $250.00 minimum fee (initial hour) + $60/hr every hour thereafter Operating Without A License Fee $749.00 21 Rush Fee $100.00 Agent Reimbursement Rate + 10% as of July 1, 2022, 11% as of July 1, 2023; 12% as of July 1, 2024. This will increase about 1% each year for the next several years, not to exceed 20%. Agent reimbursement fees included in above EH fees. *To be determined by the inspector at time of pre-inspection. **This fee includes one free bacteriological water test and sampling provided by Bayfield County Health Department. +License/Permit fees include any state administrative fees. Motion by Oswald, seconded by Dougherty, to adopt Amendatory Ordinance No. 2023-04 Amending Title 9 – Reference Document A (Fee Schedule) of the Code of Ordinances, Bayfield County, Wisconsin. Motion carried, 12-0, 1 absent. Report of the Bayfield County Planning and Zoning Committee No. 2023-05: 22 23 24 Ruth Hulstrom, Director of the Bayfield County Planning and Zoning Department, reviewed the amendment with the board. Motion by Silbert, seconded by Rondeau, to receive and place on file Report No. 2023-05 Petition to Amend Sections 13-1-21, 13-1-29, 13-1-41, 13-1-41A, 13-1- 62, and 13-2-61, Code of Ordinances, Bayfield County, Wisconsin. Motion carried, 12-0, 1 absent. Bayfield County Amendatory Ordinance No. 2023-05: 25 26 27 Motion by Strand, seconded by Rondeau, to adopt Amendatory Ordinance No. 2023-05 Petition to Amend Sections 13-1-21, 13-1-29, 13-1-41, 13-1-41A, 13-1-62 and 13-2-61, Code of Ordinances, Bayfield County, Wisconsin. Motion carried, 12-0, 1 absent. Early Purchase County Highway Vehicle Order 2024: Abeles-Allison informed the board that delivery time for vehicles is approximately 18 months, so the highway department is anticipating extended delivery times by ordering vehicles in advance. Vehicles will only be ordered but not paid for until budget year 2024. Fickbohm asked if this also pertained to the Sheriff’s Office. Abeles-Allison verified that it would only pertain to the highway department. Motion by Crandall, seconded by Milanowski, to approve the early vehicle purchase for the Bayfield County Highway Department for 2024. Motion carried, 12-0, 1 absent. Closed Session Attendance Policy at Board and Committee Meetings: Abeles-Allison reviewed the ordinance pertaining to closed session attendance for board and committee meetings. He explained that the board had suspended rules during the COVID-19 pandemic for the Public Health Emergency Declaration and the declaration provisions will expire May 1, 2023. The executive committee recommended returning to the governing rules for attending closed session, effective with the expiration of the Public Health Emergency Declaration. Motion by Rondeau, seconded by Milanowski, to return to the governing rules regarding closed session effective immediately. 12-0, 1 absent. Broadband Equity, Access, and Deployment (BEAD) Local Planning Grant Application and Letter of Interest: Abeles-Allison explained that there are some broadband planning grants available through the state, and the Northwest Regional Planning Commission (NWRPC) is available to assist Bayfield County with applying for the BEAD grant. Motion by Sandstrom, seconded by Crandall, to approve the cooperation between Bayfield County and Northwest Regional Planning Commission to work on the Broadband Equity, Access, and Deployment Local Planning Grant. Motion carried, 12-0 1 absent. 7:31 p.m. – Chairman Pocernich returned to the State of the County Presentation State of the County Presentation: Abeles-Allison reviewed the state of the county presentation. During 2022, Bayfield County reconstructed 9.4 miles of highway, utilized additional funding resources through the American Rescue Plan Act (ARPA) and CARES Act, and received multiple grants for 28 numerous projects. Financially, the county had a year-end cash balance of $27 million, a 3.8 mill rate, and a valuation increase of 13%. Reports: a) Future County Board Meeting Dates: a. March 28, 2023 b. April 18, 2023 (statutory requirement) c. May 30, 2023 b) Bayfield Wireless Annual Report: Included in the packet. Now servicing more than 250 locations. Installing new tower in Town of Russell. c) Elections Update: Divine delivered an update on the elections to the board and reported that turnout for the spring primary was higher than usual. d) Artesian Well Update: Abeles-Allison reported that more meetings are planned and will have more to report in the months ahead. e) Consolidated Dispatch Update: Abeles-Allison reported that the grant that was originally applied for was denied, but the county was given numerous stipulations for obtaining grant funding which included the completion of an implementation plan and having two full-time employees working 24/7 by May 1, 2023. Abeles-Allison stated that the county is unsure on how to proceed. Silbert asked how Ashland County felt about the consolidation. Abeles-Allison replied that Ashland County supports the project. f) WCA Annual Conference – September 17-19, 2023 Supervisory Reports: Crandall reported that bids came in for paving County Highway N and the road will be paved from County Highway A to Drummond in the Summer of 2024. Bids came in as anticipated and the funds are in the budget. Oswald reported that he attended Superior Days along with Abeles-Allison and Strand and the group made a lot of contacts at the event. Strand reported that one of legislative issues was Medicaid reimbursement rates for providers of mental health and nursing home Medicaid reimbursement rates for patients. Oswald encouraged board members to attend Superior Days next year. Chairman Pocernich invited board members to attend a Coordinated Response Exercise at the Northland Pines Golf Course Event Center in Iron River on April 4, 2023. The exercise will be a 90-minute training on up-to-date safety protocols, damage prevention, information, and current contacts for pipelines. Adjournment: There being no further business to come before the Bayfield County Board of Supervisors, Chairman Pocernich adjourned the meeting at 8:07 p.m. Respectfully submitted, LYNN M. DIVINE Bayfield County Clerk LMD/pat