HomeMy WebLinkAboutCounty Board of Supervisors - Minutes - 3/28/2023
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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
Monthly Meeting of the Bayfield County Board of Supervisors
March 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: Steve Sandstrom-present virtually; Mary Dougherty-present; Charly Ray-present
virtually; Jeff Silbert-present; Fred Strand-present virtually; Marty Milanowski-present; Jim Crandall-
present; Dennis Pocernich-present; Larry Fickbohm-present; Jeremy Oswald-present; John Rautio-present;
Madelaine Rekemeyer-present; Brett Rondeau-absent. Total: 12 present, 1 absent. A quorum was present to
conduct business.
Others Present: County Administrator- Mark Abeles-Allison; County Clerk- Lynn M. Divine;
Accountant- Kim Mattson; Town of Cable Supervisor- David Popelka; Town of Cable Supervisor- Dean
Hambrecht; Washburn School District Senior- Gabriel Bodine; Landmark Conservancy Representative-
Erika Lang; Health Director- Sara Wartman; and Forest Administrator- Jason Bodine
Pledge of Allegiance: The Pledge of Allegiance was recited by all in attendance.
Public Comment: Gabriel Bodine, Washburn High School, introduced himself to the board and
explained that he is applying for the Bayfield County Local Government Scholarship to fund his
education to attend UW Stevens Point. G. Bodine stated that he will be studying a variety of media
studies to acquire skills and extend his background to enter into a career in voice acting. Bodine stated
that he previously attended a Washburn City Council meeting and stated that he found it interesting to
see local government in action.
Approval of Minutes from February 28, 2023: Motion by Milanowski, seconded by Rautio, to
approve the February 28, 2023, Minutes of the Monthly Bayfield County Board of Supervisors. Motion
carried, 12-0, 1 absent.
Town of Cable School/Housing Project Presentation, David Popelka: David Popelka, Town of
Cable Supervisor, delivered a presentation on the housing development project in the Town of Cable.
The town is looking to demolish an old school building that is currently seen as a detriment to the town.
The intent is to redevelop the site for potential residential development. Original estimates for the
project are approximately $450,000. The town has participated in negotiations with multiple entities to
lower project costs. Popelka explained that there have been numerous obstacles with the project,
including asbestos in the building. Asbestos cleanup is expected to be completed June 1, 2023 with the
demolition of the building to be completed by July 1, 2023. Milanowski asked if the town is looking to
sell the property. Popelka replied that the town does intend on selling the property to a developer, but the
developer would need to have a development plan before it would be sold to them. Ultimately, the town
would prefer to get the property back on the tax roll. Crandall asked how much of an investment the
town will have incurred by the end of the project. Popelka answered $50,000. Silbert asked if WHEDA
will be approached to help the town. Popelka explained that WHEDA and similar agencies have not
been contacted as of this time. Sandstrom questioned if any materials are salvageable. Popelka
explained that extended weather exposure has made most of the materials non-salvageable.
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Landmark Conservancy Presentation Regarding Brownstone Trail, Erika Lang: Erika Lang,
Landmark Conservancy, delivered a presentation regarding the restoration of the Brownstone Trail
which included a brief as well. A community park area will be created on the property that will require
the removal of buildings currently located there. The park will include a small parking area, a picnic
pavilion, and the addition of native vegetation. Lang reviewed the timeline of the project with the board.
Landmark Conservancy is proposing partnering with Bayfield County regarding ownership of the
property to assist in obtaining funding the conservancy would not otherwise be eligible to receive. Lang
stated she is not looking for a decision at this time and will return in April to revisit the project and
obtain Bayfield County’s response.
Bayfield County Resolution No. 2023-27:
2023 Work Zone Safety Awareness Week in Bayfield County
WHEREAS, In 1999, the Federal Highway Administration partnered with the American Association of
State Highway Officials and more recently the American Traffic Safety Services Association to create
the National Work Zone Safety Awareness campaign which is held annually in April prior to the
construction season in much of the nation; and,
WHEREAS, The Wisconsin County Highway Association is asking all seventy-two counties in the
state to unite and kick-off “Work Zone Safety Awareness Week” with a resolution and campaign to raise
awareness for its workers, the travelling public, public safety workers, and those of various highway
contractors performing work for the counties; and,
WHEREAS, Between 2017 and 2022, there were 70 fatalities recorded as a result of more than 14,473
work zone crashes and injuring more than 5,449 people in Wisconsin; and,
WHEREAS, Construction and maintenance activities on our streets and highways periodically require
that work zones be established; and,
WHEREAS, there has been over 1,805 work zone crashes in Wisconsin in each of the last five years;
and,
WHEREAS, In 2020, Wisconsin suffered from nearly 2,186 crashes in road construction and
maintenance zones, resulting in over 859 injuries and 13 fatalities; and,
WHEREAS, Through their enforcement activities and other participation, the Bayfield County Sheriff’s
Office, Wisconsin State Patrol, and Bayfield County Highway Department will work to make Work
Zone Safety Awareness Week a success; and,
WHEREAS, The Federal Highway Administration has designated April 17 through April 21, 2023 as
National Work Zone Safety Awareness Week with this year’s theme “You play a role in work zone
safety. Work with us”, which emphasized the importance of motorists driving safely to ensure that we
all work together to save lives in work zones;
NOW THEREFORE BE IT RESOLVED, that the Bayfield County Board of Supervisors assembled
this 28th day of March 2023, does hereby declare the week of April 17 through April 21, 2023 be
designated as Work Zone Safety Awareness Week in Bayfield County.
Motion by Milanowski, seconded by Crandall, to adopt Resolution No. 2023-27 2023 Work Zone Safety
Awareness Week in Bayfield County. Motion carried, 12-0, 1 absent.
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Bayfield County Resolution No. 2023-28:
Forestry and Parks Department 2022 and 2023 Budget Amendment – Delta Landfill Project
WHEREAS, the Delta Landfill/White River Drainage repair project was approved with a 2022 capital
expense budget of $600,000; and,
WHEREAS, plans for repair and the associated estimated budget were produced in early CY 2021; and,
WHEREAS, as per the terms of the FEMA grant awarded to this project, total reimbursement is
expected to be 87.5% of the total eligible costs associated with the repair; and,
WHEREAS, most of the repair work was completed by the Bayfield County Highway Department in
CY 2022; and,
WHEREAS, as per the end of CY 2022, the total actual costs associated with this project are
$763,157.89, which includes all procured materials and labor; and,
WHEREAS, the increase in expenses were primarily attributed to significant increases in material and
labor costs since the estimated budget was produced; and,
WHEREAS, a minor amount of repair work will be completed in late spring/early summer 2023; and,
WHEREAS, the remaining minor repair work is estimated to be roughly $17,000 and will be completed
by the Bayfield County Highway Department in 2023; and,
WHEREAS, the Town of Delta has committed to contributing a total of $37,500 towards the County
share of total expenses, by paying the County $12,500 in 2021 and 2022, and committing another
$12,500 in 2023, which will reduce the total out of pocket costs to the County; and,
WHEREAS, when the repair work is completed, a reimbursement request will be made to FEMA based
on the total final actual costs of repair; and,
WHEREAS, reimbursement from FEMA is expected in late CY 2023 or 2024;
NOW THEREFORE BE IT RESOLVED, that the Bayfield County Board of Supervisors assembled
this 28th day of March 2023, approves the following amendment to the 2022 and 2023 Forestry and
Parks Department budget:
2022 Budget Amendment 2023 Budget Amendment
Increase 430-34-57100-50290 $163,158 Increase 430-34-57100-50290 $17,000
Increase 430-70-49201 $12,500 430-34-57100-50290 $678,000
Increase 100-00-59430-50820 $12,500 Increase 430-34-48590-003 $12,500
Increase 100-00-49301 $12,500 430-34-43280 $682,500
Increase 430-34-48590-003 $12,500
Increase 430-70-49301 $138,158
Forest Administrator, Jason Bodine, explained that the budget amendment finalizes the work complete
in 2022 and will cover anticipated work in 2023.
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Motion by Silbert, seconded by Rautio, to adopt Resolution No. 2023-28 Forestry and Parks Department
2022 and 2023 Budget Amendment – Delta Landfill Project. Motion carried, 12-0, 1 absent.
Budget Amendment for Carbon Offset Reserve, County and Forestry Plans: Bodine informed the
board that the final phase of the carbon project is still under review. American Carbon Registry (ACR)
stated the review may be extended if something is found. The carbon credit allotment will be given at
the end of the review, if it is awarded. The Carbon credits market still remains strong. Abeles-Allison
explained that the project is broken up into two parts, the CCOR and FCOR. Motion by Silbert,
seconded by Fickbohm, to approve the Carbon Offset Reserve Fund Allocation and Implementation
Plan. Motion carried, 12-0, 1 absent.
Environmental Health Fee Schedule: Health Director, Sara Wartman, explained that one fee needs to
be corrected in the schedule as it was not categorized in the correct incremental step increase in the
previously approved fee scheduled. Motion by Oswald, seconded by Sandstrom, to approve the proposed
changes to the Environmental Health Fee Schedule as presented. Motion carried, 12-0, 1 absent.
Bayfield County Opioid Survey Update: Wartman reported that the survey closes on March 31, 2023
and there have been 480 respondents so far. Wartman explained that she will not have a detailed report
prepared until the survey is closed and the results are tabulated.
Opioid Settlement Resolutions: Abeles-Allison explained that the resolutions are focused on the
second phase of settlements and five new settlements are being processed.
a) Bayfield County Resolution No. 2023-29:
Wisconsin State-Local Government Memorandum of Understanding for the Allocation of Opioid
Settlement Proceeds
WHEREAS, the State of Wisconsin (“State”), its communities, and their people have been harmed by
misfeasance, nonfeasance and malfeasance committed by certain entities that engage in or have engaged
in the manufacture, marketing, promotion, distribution or dispensing of an opioid analgesic, specifically
related to the covered conduct by Defendants In re: Opioid Litigation, MDL 2804 pending in the United
States District Court for the Northern District of Ohio (“Litigation”); and,
WHEREAS, certain Wisconsin local governments identified on the attached Exhibit A (“Local
Governments”), through their counsel, and the State of Wisconsin, through its Attorney General, are
separately engaged in investigations, litigation, and settlement discussions seeking to hold the
Defendants in the Litigation accountable for the damage caused by their misfeasance, nonfeasance and
malfeasance; and,
WHEREAS, the State of Wisconsin and the Local Governments share a common desire to abate and
alleviate the impacts of the misfeasance, nonfeasance and malfeasance described above throughout the
State of Wisconsin and in its local communities; and,
WHEREAS, the settlement discussions with Walgreens, Walmart, CVS, Teva, and Allergan (“Settling
Defendants”) resulted in tentative agreements as to settlement terms (“Settlement Agreements”) pending
agreement from the State of Wisconsin, the Local Governments and other parties involved in the
Litigation; and,
WHEREAS, while the Local Governments and the State recognize that the sums which may be
available from the aforementioned Settlement Agreements will likely be insufficient to fully abate the
public health crisis caused by the Opioid epidemic, they share a common interest in dedicating the most
resources possible to the abatement effort; and,
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WHEREAS, the State of Wisconsin enacted Wis. Stat. § 165.12 which provides for an
allocation of opioid settlement proceeds; and,
WHEREAS, the State and the Local Governments intend this Memorandum of Understanding
(“MOU”) to effectuate the terms of future Settlement Agreements arising out of the Litigation in a
manner consistent with Wis. Stat. § 165.12(2); and,
WHEREAS, this MOU does not supersede or alter any previously agreed upon MOU between the State
and Local Governments related to the Litigation;
NOW THEREFORE BE IT RESOLVED, that the Bayfield County Board of Supervisors assembled
this 28th day of March 2023, hereby enters into this MOU upon the
terms described herein.
1. As used in this MOU, the term “Opioid Settlement Proceeds” shall mean all funds
allocated by a Settlement Agreement (“Settlement Payments”) to the State or Local
Governments for purposes of opioid remediation activities, as well as any repayment
of those funds and any interest or investment earnings that may accrue as those funds
are temporarily held before being expended on opioid remediation strategies. “Opioid
Settlement Proceeds” do not include the “Additional Restitution Amount” (also known
as additional remediation, or any other fund, proceed, or amount paid to States who did
not utilize outside counsel), reimbursement of the United States Government, or
separate funds identified in Settlement Agreements as direct or indirect compensation
for a Party’s litigation fees, expenses, and/or costs.
2. The Settlement Administrator shall directly distribute the Opioid Settlement Proceeds
to the State and to Local Governments in such proportions and for such uses as set forth
in this MOU.
3. Opioid Settlement Proceeds shall be allocated as follows: (i) 30% to the State of
Wisconsin (“State Share”); and (ii) 70% to Local Governments (“LG Share”). Opioid
Settlement Proceeds shall not be considered funds of the State or any Local
Government unless and until such time as each annual distribution is made.
4. 100% of the “Additional Restitution Amount” shall be paid to the State and deposited
with the Department of Health Services.
5. Except for Opioid Settlement Funds expended in payment of attorney fees as provided
in Wis. Stat. § 165.12(6), all Opioid Settlement Proceeds, regardless of allocation, and
the entire “Additional Restitution Amount,” shall, consistent with Wis. Stat. §
165.12(3) and (4), and except as provided in Wis. Stat. § 165.12(5), be utilized only for
purposes identified as approved uses for abatement in a Settlement Agreement.
6. If any portion of the LG Share is used for the payment of owed attorney fees as
authorized under Wis. Stat. § 165.12(6), the Local Governments shall report to the
Attorney General and the Joint Committee on Finance the amount of the payment(s)
and provide the contract(s) under which the attorney fees are purportedly owed.
Notwithstanding any limitations or characterization of funds herein to the contrary,
any payments for attorneys’ fees and expenses may only be paid for out of the owing
Local Governments’ share.
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7. The parties agree to comply with the terms of the Settlement Agreements, including
but not limited to (a) a requirement that a certain percentage of the Settlement
Payment be spent on remediation, and (b) that at least 70% of a Settlement Payment
be used solely for future Opioid Remediation as defined by the Settlement
Agreements.
8. The LG Share shall be paid to each Local Government by the Settlement Administrator
based on the allocation created and agreed to by the Local Governments which assigns
each Local Government a percentage share of the LG Share, less any applicable
attorney fees as authorized under Wis. Stat. § 165.12(6) and referenced above.
9. Nothing in this MOU is intended to alter or change any Local Government’s right to
pursue its own claim. Rather, the intent of this MOU is to provide a mechanism for the
receipt and expenditure of Opioid Settlement Proceeds. Notwithstanding the foregoing,
only Local Governments who are Participating Subdivisions under a Settlement
Agreement, and who agree to the terms of this MOU may directly receive Opioid
Settlement Proceeds.
10. Notwithstanding any limitations or characterization of funds herein to the contrary, any
payments for Local Government attorney’s fees and expenses may be applied only to
the LG Share or any Local Government share of the LG Share. The State shall have
no responsibility for payment of attorneys’ fees or litigation expenses.
11. The parties understand that the United States may claim a portion of the Opioid
Settlement Proceeds for Medicaid reimbursement. The parties agree that, to the extent
a claim for Medicaid reimbursement is made, the parties shall bear the liability for the
reimbursement on a pro rata basis based upon the particular claims made by the United
States related to the Medicaid reimbursement. The parties agree to meet, confer, and
cooperate in good faith concerning the allocation of any such liability.
12. The Attorney General may extend this MOU to apply to future settlements with other
entities who engage in or have engaged in the manufacture, marketing, promotion,
distribution or dispensing of an opioid analgesic, specifically related to the covered
conduct by Defendants in the Litigation. To exercise this option, the Attorney General
shall send written notice to counsel for the Local Governments. The Local
Governments shall have 30 days from the date of the notice to express in writing any
objection(s) to the extension of the MOU to the settlement(s). If any Local Government
objects to the extension of the MOU to the settlement(s), it shall not be extended.
b) Bayfield County Resolution No. 2023-30:
Addendum to Wisconsin Local Government Memorandum of Understanding
WHEREAS, the Local Governments entered into the MOU for purposes of
memorializing their agreement surrounding, among other things, allocation of the proceeds
of the settlements with McKesson Corporation, Cardinal Health, Inc., AmerisourceBergen
Corporation, Johnson & Johnson, Janssen Pharmaceuticals, Inc., Ortho- McNeil-Janssen
Pharmaceuticals, Inc., and Janssen Pharmaceutica, Inc.; and,
WHEREAS, the settlement discussions with Walgreens, Walmart, CVS, Teva, and
Allergan resulted in tentative agreements as to settlement terms (“Settlement Agreements”)
pending agreement from the State of Wisconsin, the Local Governments and other parties
involved in the Litigation; and,
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WHEREAS, the Local Governments intend this Addendum to the MOU to effectuate
the terms of the Settlement Agreements and allocate the proceeds of the Settlement
Agreements to each of the Local Governments in the same manner and same percentages as
set forth in the MOU and Exhibit A thereto;
NOW THEREFORE BE IT RESOLVED, that the Bayfield County Board of Supervisors assembled
this 28th day of March 2023, hereby enters into this Addendum to the MOU
upon the terms described herein.
1. The Local Governments ratify, confirm and agree in all respects to the MOU. By
this Addendum, the Local Governments agree that any and all proceeds of the
Settlement Agreements defined herein shall be distributed, allocated and
otherwise disposed of in the same manner as set forth in the MOU and Exhibit A
thereto.
2. Nothing in this MOU is intended to alter or change any Local Government’s right
to pursue its own claim. Rather, the intent of this MOU is to provide a mechanism
for the receipt and expenditure of Opioid Funds.
3. This MOU may be executed in counterparts. Electronic signatures shall in all
respects be considered valid and binding.
c) Bayfield County Resolution No. 2023-34:
Authorizing Bayfield County to Enter Into the Settlement Agreements with Teva Pharmaceutical
Industries Ltd., Allergan Finance, LLC, Walgreen Co., Walmart, Inc., CVS Health Corporation
and CVS Pharmacy, Inc., Agree to the Terms of the Addendum to the MOU Allocating Settlement
Proceeds, and Authorize Entry Into the MOU with the Attorney General
WHEREAS, the County Board of Supervisors previously authorized the County to enter into an
engagement agreement with von Briesen & Roper, s.c., Crueger Dickinson LLC and Simmons Hanly
Conroy LLC (the “Law Firms”) to pursue litigation against certain manufacturers, distributors, and
retailers of opioid pharmaceuticals (the “Opioid Defendants”) in an effort to hold the Opioid Defendants
financially responsible for the County’s expenditure of vast money and resources to combat the opioid
epidemic; and,
WHEREAS, on behalf of the County, the Law Firms filed a lawsuit against the Opioid Defendants;
and,
WHEREAS, the Law Firms filed similar lawsuits on behalf of 66 other Wisconsin counties and all
Wisconsin cases were coordinated with thousands of other lawsuits filed against the same or
substantially similar parties as the Opioid Defendants in the Northern District of Ohio, captioned In re:
Opioid Litigation, MDL 2804 (the “Litigation”); and,
WHEREAS, four (4) additional Wisconsin counties (Milwaukee, Dane, Waukesha, and Walworth)
hired separate counsel and joined the Litigation; and,
WHEREAS, since the inception of the Litigation, the Law Firms have coordinated with counsel from
around the country (including counsel for Milwaukee, Dane, Waukesha, and Walworth Counties) to
prepare the County’s case for trial and engage in extensive settlement discussions with the Opioid
Defendants; and,
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WHEREAS, the settlement discussions with Teva Pharmaceutical Industries Ltd., Allergan Finance,
LLC, Walgreen Co., Walmart, Inc., CVS Health Corporation and CVS Pharmacy, Inc.. (the “Settling
Defendants”) resulted in a tentative agreement as to settlement terms pending agreement from the
County and other plaintiffs involved in the Litigation; and,
WHEREAS, copies of the various settlement agreements relating to the Settling Defendants
(collectively “Settlement Agreements”) representing the terms of the tentative settlement agreements
with the Settling Defendants have been provided with this Resolution; and,
WHEREAS, the Settlement Agreements provide, among other things, for the payment of certain sums
to Participating Subdivisions (as defined in the Settlement Agreements) upon the occurrence of certain
events detailed in the Settlement Agreements; and,
WHEREAS, the County is a Participating Subdivision in the Settlement Agreements and has the
opportunity to participate in the benefits associated with the Settlement Agreement provided the County
(a) approves the Settlement Agreements; (b) approves the Memorandum of Understanding allocating
proceeds from the Settlement Agreements among the various Wisconsin Participating Subdivisions, a
copy of which is attached to this Resolution (the “Allocation MOU”); (c) approves the Memorandum of
Understanding with the Wisconsin Attorney General regarding allocation of settlement proceeds, a copy
of which is attached to this Resolution (the “AG MOU”); and (d) the Legislature’s Joint Committee on
Finance approves the terms of the Settlement Agreements and the AG MOU; and,
WHEREAS, 2021 Wisconsin Act 57 created Section 165.12 of the Wisconsin Statutes relating to the
settlement of all or part of the Litigation; and,
WHEREAS, pursuant to Wis. Stat. § 165.12(2), the Legislature’s Joint Committee on Finance is
required to approve the Settlement Agreements and the AG MOU; and,
WHEREAS, pursuant to Wis. Stat. § 165.12(2), the proceeds from any settlement of all or part of the
Litigation are distributed 70% to local governments in Wisconsin that are parties to the Litigation and
30% to the State; and,
WHEREAS, Wis. Stat. § 165.12(4)(b)2. provides the proceeds from the Settlement Agreement must be
deposited in a segregated account (the “Opioid Abatement Account”) and may be expended only for
approved uses for opioid abatement as provided in the Settlement Agreements; and,
WHEREAS, Wis. Stat. § 165.12(7) bars claims from any Wisconsin local government against the
Opioid Defendants filed after June 1, 2021; and,
WHEREAS, the definition of Participating Subdivisions in the Settlement Agreements recognizes a
statutory bar on claims such as that set forth in Wis. Stat. § 165.12(7) and, as a result, the only
Participating Subdivisions in Wisconsin are those counties and municipalities that were parties to the
Litigation (or otherwise actively litigating a claim against one, some, or all of the Opioid Defendants) as
of June 1, 2021; and,
WHEREAS, the Legislature’s Joint Committee on Finance is not statutorily authorized or required to
approve the allocation of proceeds of the Settlement Agreements among Wisconsin Participating
Subdivisions; and,
WHEREAS, the Law Firms have engaged in extensive discussions with counsel for all other Wisconsin
Participating Subdivisions resulting in the proposed Allocation MOU, which is an agreement between
all of the entities identified in the Allocation MOU as to how the proceeds payable to those entities
under the Settlement Agreements will be allocated; and,
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WHEREAS, the proposed Addendum to the MOU (“Addendum”) provided with this Resolution
provides for allocation of settlement proceeds among the Wisconsin Participating Subdivisons according
to the same percentages as that provided in the previously-approved MOU allocating the settlement
proceeds of the settlements involving McKesson Corporation, Cardinal Health, Inc., AmerisourceBergen
Corporation, Johnson & Johnson, Janssen Pharmaceuticals, Inc., Ortho-McNeil-Janssen
Pharmaceuticals, Inc., and Janssen Pharmaceuitca, Inc.; and,
WHEREAS, there is provided with this Resolution a summary of the essential terms of the Settlement
Agreements, the deadlines related to the effective dates of the Settlement Agreements, the ramifications
associated with the County’s refusal to enter into the Settlement Agreements, the form of the
Addendum, the form of the AG MOU, and an overview of the process for finalizing the Settlement
Agreements; and,
WHEREAS, the County, by this Resolution, shall deposit the proceeds of the Settlement Agreements
consistent with the terms of this Resolution and Wis. Stat. § 165.12(4)(b); and,
WHEREAS, pursuant to the County’s engagement agreement with the Law Firms, the County shall pay
up to an amount equal to 25% of the proceeds from successful resolution of all or part of the Litigation,
whether through settlement or otherwise, plus the Law Firms’ costs and disbursements, to the Law
Firms as compensation for the Law Firms’ efforts in the Litigation and any settlement; and,
WHEREAS, the Law Firms anticipate making application to the national fee fund established in the
Settlement Agreements seeking payment, in whole or part, of the fees, costs, and disbursements owed
the Law Firms pursuant to the engagement agreement with the County; and,
WHEREAS, it is anticipated the amount of any award from the fee fund established in the Settlement
Agreements will be insufficient to satisfy the County’s obligations under the engagement agreement
with the Law Firms; and,
WHEREAS, the County, by this Resolution, and pursuant to the authority granted the County in the
applicable Order emanating from the Litigation in relation to the Settlement Agreements and payment of
attorney fees, shall authorize and direct the escrow agent responsible for the receipt and distribution of
the proceeds from the Settlement Agreements to establish an account for the purpose of segregating
funds to pay the fees, costs, and disbursements of the Law Firms owed by the County (the “Attorney
Fees Account”) in order to fund a local “backstop” for payment of the fees, costs, and disbursements of
the Law Firms; and,
WHEREAS, in no event shall payments to the Law Firms out of the Attorney Fees Account and the fee
fund established in the Settlement Agreements exceed an amount equal to 25% of the amounts allocated
to the County in the Addendum; and,
WHEREAS, the intent of this Resolution is to authorize the County to enter into the Settlement
Agreements, the Addendum, and the AG MOU, establish the County’s Opioid Abatement Account, and
establish the Attorney Fees Account; and,
WHEREAS, the County, by this Resolution, shall authorize the County’s corporation counsel to finalize
and execute any escrow agreement and other document or agreement necessary to effectuate the
Settlement Agreements and the other agreements referenced herein; and,
NOW THEREFORE BE IT RESOLVED, that the Bayfield County Board of Supervisors assembled
this 28th day of March 2023, hereby approves:
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1. The execution of the Settlement Agreements and any and all documents ancillary thereto
and authorizes the Board Chair or designee to execute same.
2. The final negotiation and execution of the Addendum in form substantially similar to that
presented with this Resolution and any and all documents ancillary thereto and authorizes
the Board Chair or designee to execute same upon finalization provided the percentage
share identified as allocated to the County is substantially similar to that identified in the
Addendum provided to the Board with this Resolution.
3. The final negotiation and execution of the AG MOU in form substantially similar to that
presented with this Resolution and any and all documents ancillary thereto and authorizes
the Board Chair or designee to execute same.
4. The execution by the Board Chair or designee of any additional documents or agreements
for the receipt and disbursement of the proceeds of the Settlement Agreements as
referenced in the Addendum; and,
BE IT FURTHER RESOLVED: all proceeds from the Settlement Agreements not otherwise directed
to the Attorney Fees Account shall be deposited in the County’s Opioid Abatement Account. The
Opioid Abatement Account shall be administered consistent with the terms of this Resolution, Wis. Stat.
§ 165.12(4), and the Settlement Agreements; and,
BE IT FURTHER RESOLVED: the County hereby authorizes the establishment of an account
separate and distinct from any account containing funds allocated or allocable to the County which shall
be referred to by the County as the “Attorney Fees Account.” An escrow agent shall deposit a sum
equal to up to, but in no event exceeding, an amount equal to 20% of the County’s proceeds from the
Settlement Agreements into the Attorney Fees Account. If the payments to the County are not enough
to fully fund the Attorney Fees Account as provided herein because such payments are made over time,
the Attorney Fees Account shall be funded by placing up to, but in no event exceeding, an amount equal
to 20% of the proceeds from the Settlement Agreements attributable to Local Governments (as that term
is defined in the Allocation MOU) into the Attorney Fees Account for each payment. Funds in the
Attorney Fees Account shall be utilized to pay the fees, costs, and disbursements owed to the Law Firms
pursuant to the engagement agreement between the County and the Law Firms provided, however, the
Law Firms shall receive no more than that to which they are entitled under their fee contract when
considering the amounts paid the Law Firms from the fee fund established in the Settlement Agreements
and allocable to the County. The Law Firms may make application for payment from the Attorney Fees
Account at any time and the County shall cooperate with the Law Firms in executing any documents
necessary for the escrow agent to make payments out of the Attorney Fees Account; and,
BE IT FURTHER RESOLVED that all actions heretofore taken by the Board of Supervisors and other
appropriate public officers and agents of the County with respect to the matters contemplated under this
Resolution are hereby ratified, confirmed and approved.
Motion by Oswald, seconded by Crandall, to adopt Resolution No. 2023-29, No. 2023-30, and No. 2023-
34. Motion carried, 12-0, 1 absent.
Confirmation of Board of Adjustment Appointments: Abeles-Allison proposed the following
appointments:
• Christina Eliason be moved from an alternate member to a full member, effective July 1, 2023
with a term ending June 30, 2025
• Paul Susienka be appointed as alternate 2, effective March 28, 2023. Effective July 1, 2023,
Susienka will move to alternate 1 to replace Dennis Rasmussen with a term ending June 30, 2025
• Shari Eggleson be reappointed as a full member with a term ending June 30, 2026
• Adrian Wydeven be reappointed as a full member with a term ending June 30, 2026
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• Marisa Lee be reappointed as a full member with a term ending June 30, 2026.
Motion by Silbert, seconded by Ray, to confirm the Board of Adjustment appointments as presented.
Motion carried, 12-0, 1 absent.
Bayfield County Resolution No. 2023-31:
In Recognition and Appreciation of Dennis Rasmussen’s Years of Commitment and Service on the
Board of Adjustment
WHEREAS, Dennis Rasmussen has served Bayfield County on the Board of Adjustment since March
1990; and,
WHEREAS, the role of the Board of Adjustment is to hear and decide variances and appeals of
determinations made by the Bayfield County Planning and Zoning Department and/or Committee; and,
NOW, THEREFORE, BE IT RESOLVED, that the Bayfield County Board of Supervisors assembled
this 28th day of March 2023, hereby recognizes and appreciates Dennis Rasmussen for his 33 years of
public service to Bayfield County and expresses gratitude for his unwavering dedication to the
community, wishing him well in the years ahead.
Motion by Crandall, seconded by Milanowski, to adopt Resolution No. 2023-31 In Recognition and
Appreciation of Dennis Rasmussen’s Years of Commitment and Service on the Board of Adjustment.
Motion carried, 12-0, 1 absent.
Bayfield County Resolution No. 2023-32:
In Support of the Appointment and Confirmation of Sandra Dee Naas to the State of Wisconsin
Natural Resources Board
WHEREAS, Sandra Dee Naas is a long-standing member (34 years) of the land & water conservation
community in Northern Wisconsin; and,
WHEREAS, Naas has extensive experience in both the public and private sectors addressing water,
forestry, soil erosion, and wildlife issues; and,
WHEREAS, Naas has served as Vice-Chair of the County Deer Advisory Committee and chair of the
Bayfield County Conservation Congress; and,
WHEREAS, Naas has dutifully attended and participated in Natural Resource Board meetings since
being appointed in April of 2021;
NOW THEREFORE BE IT RESOLVED, that the Bayfield County Board of Supervisors assembled
this 28th day of March 2023, does hereby support the appointment and confirmation of Sandra Dee Naas
to the State of Wisconsin Natural Resources Board.
Motion by Crandall, seconded by Sandstrom, to adopt Resolution No. 2023-32 In Support of the
Appointment and Confirmation of Sandra Dee Naas to the State of Wisconsin Natural Resources Board.
Motion carried, 12-0, 1 absent.
Confirming the Appointment of Mary Dougherty to the Aging and Disability Resource Center of
the North (ADRC-N) Governing Board: Motion by Crandall, seconded by Oswald to confirm the
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appointment of Mary Dougherty to the Aging and Disability Resource Center of the North (ADRC-N)
Governing Board. Motion carried, 12-0, 1 absent.
Bayfield County Resolution No. 2023-33:
2022 Year End Budget Amendments – Multiple Departments
WHEREAS, County Board per diems exceeded projections; and,
WHEREAS, Clerk of Court legal fees exceeded projections; and,
WHEREAS, Coroner autopsy expenses and per diems exceeded projections; and,
WHEREAS, Courthouse utility expenses exceeded expectations; and,
WEHREAS, multiple wage adjustments were made mid-year in 2022; and,
WHEREAS, County Administrator, Land Records, Veteran’s Services, District Attorney, Planning &
Zoning, and Land Conservation payroll expenses exceeded expectations
NOW THEREFORE BE IT RESOLVED, that the Bayfield County Board of Supervisors assembled
this 28th day of March 2023, hereby approves the following budget amendments:
Increase 100-00-49301 Fund Balance $80,822 Revenue
Increase 100-01-51111-50140 Per Diem $6,493 Board Expense
Increase 100-06-51205-50250 Special Services $24,487 Coroner Expense
Increase 100-14-51601-50224
Electric/Gas
Annex $15,311 Courthouse Expense
Increase 100-07-51411-50121 Full Time $11,967 Administrator Expense
Increase 100-08-51311-50122 Part Time $11,988 D.A. Expense
Increase 100-19-54701-50154 Health Insurance $6,927 Veterans Expense
Increase 100-28-56101-50121 Full Time $3,649 Land Conservation Expense
Increase 100-02-45111 Forfeitures $10,390 Clerk of Court Revenue
Increase 100-02-51221-50232-003 Legal Fees $10,390 Clerk of Court Expense
Increase 100-13-48302 Land Sales $14,688 Land Records Revenue
Increase 100-13-51741-50121 Full Time $14,688 Land Records Expense
Increase 100-26-44401 Permits & Fees $5,234 Zoning Revenue
Increase 100-26-56401-20121 Full Time $5,234 Zoning Expense
Motion by Oswald, seconded by Rautio, to adopt Resolution No. 2023-33 2022 Year End Budget
Amendments – Multiple Departments. Roll Call Vote: Dougherty-yes; Ray-yes; Silbert-yes; Rautio-yes;
Rondeau-absent; Pocernich-yes; Sandstrom-yes; Fickbohm-yes; Oswald-yes; Strand-yes; Milanowski-
yes; Crandall-yes. Motion carried, 12-0, 1 absent.
Reports:
a) Future County Board Meeting Dates:
a. April 18, 2023 (statutory requirement)
b. May 30, 2023
c. June 27, 2023
b) Consolidated Dispatch Update: First meeting was held the previous week, next meeting will be
March 29, 2023 and will be an all day meeting. Discussions have been productive.
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c) Opening Being Advertised: Health Board and Housing Authority
d) In the Board Room Programs: Recordings available from the WCA on board room
proceedings.
e) Broadband Construction Projects This Year: Norvado and Bayfield Wireless construction
projects to take place over next six months. Norvado will be working to serve 478 additional
properties in the towns of Barksdale and Washburn.
f) WCA Annual Conference – September 17-19, 2023, Wisconsin Dells
Supervisory Reports: Silbert reported that the Northern Lights Nursing Home has not hired a new
administrator yet, but the Oaks Facility has been able to hire a new administrator. The facility’s census
is doing well.
Crandall reported that the board of commissioners for the Pigeon Lake Field Station, which used to be
operated as a summer camp, is looking to sell the property and the board is wondering if Bayfield
County has any suggestions to successfully sell the property as its efforts have so far been unsuccessful.
Abeles-Allison explained that the land has not been posted for sale as the Bureau of Public Lands is
hoping a public entity will acquire the property to keep it in public ownership. Abeles-Allison reported
that the county has reached out to multiple entities, but no interest has been shown. The board discussed
the potential of the property. Ray suggested that the county inform the Public Lands Commission that
the county is waiting for the snow to leave to make a final assessment of the property. Abeles-Allison
clarified that the consensus of the board is for the county to research a potential public use for the
property and a possible collaboration with another public entity that may have a similar interest.
Oswald reported that the Sheriff’s Office has made changes for a new youth interview room. Wartman
informed the board that the Health Department, Sheriff’s Office, and Child Advocate, Amy Odonahue,
are working on a project through multiple coalitions. The project is geared towards developing or
obtaining a Youth Advocacy Center or Unit that will serve as a place to interview child victims of a
crime versus doing so in the Sheriff’s Department, thus avoiding further trauma. Once placed in the
center the child will be interviewed by all appropriate agencies versus having several individual
interviews.
Divine gave an update on the upcoming Spring Election and reported that there are several anomalies for
certain municipal boards and school districts. There are a few contests where there is no candidate on
the ballot, thereby making all write-ins countable versus just the registered write-in candidates.
Dougherty asked how important it is that a write-in’s name is spelled correctly. Divine explained that
the determination would be up to the poll workers and not the county. Poll workers will receive a list of
all registered write ins; however, they are not allowed to share the list unless the voter specifically asks
to see it at the time of voting.
Fickbohm mentioned the possibility of opening a savings account or CD for a child born in Bayfield
County that would grow over time and be available to the child when they are older.
Closed Session: Motion by Crandall, seconded by Rautio, to enter Executive/Closed Session at 8:00
p.m. Motion carried, 12-0, 1 absent. Discussion took place regarding the Closed Session Minutes from
October 25, 2022 and January 31, 2023 as well as Business Park Lands.
8:00 p.m. – Charly Ray, Fred Strand, and Steve Sandstrom left the meeting.
There being no further business to conduct in Executive/Closed Session, a motion was made by
Dougherty, seconded by Silbert, to return to Open Session at 8:24 p.m. Motion carried, 9-0, 4 absent.
Adjournment: There being no further business to come before the Bayfield County Board of
Supervisors, Chairman Pocernich adjourned the meeting at 8:25 p.m.
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Respectfully submitted,
LYNN M. DIVINE
Bayfield County Clerk
LMD/pat