HomeMy WebLinkAboutCounty Board of Supervisors - Minutes - 9/26/2023
1
Bayfield County Clerk
Lynn M. Divine, County Clerk
Jeran Delaine, Deputy Clerk 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
September 26, 2023
Meeting Held in the Bayfield County Board Room, Courthouse, Washburn, WI
Call to Order: The monthly meeting of the Bayfield County Board of Supervisors was called to order at
6:06 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; Larry Fickbohm-present virtually; Jeremy
Oswald-present; Charly Ray-present; Mary Dougherty-present; Dennis Pocernich-present; Jeff Silbert-
present; Fred Strand-present; Brett Rondeau-present; Jim Crandall-present; John Rautio-absent; Marty
Milanowski-absent; Madelaine Rekemeyer-present. Total: 11 present, 2 absent. A quorum was present to
conduct business.
Others Present: County Administrator- Mark Abeles-Allison; County Clerk- Lynn M. Divine; Planning
& Zoning Director- Ruth Hulstrom; Finance Director- Kim Mattson; Baker Tilly Representative- Vanessa
Kane; Danielle Kaeding; Jail Lieutenant- Gwen Daoust; Corporation Counsel- John Carlson; and Clerk III-
Paige Terry
Pledge of Allegiance: The Pledge of Allegiance was recited by all in attendance.
Moment of Silence, Ralph Frostman, Former County Board Supervisor: The board held a moment
of silence for former board member, Ralph Frostman.
Public Comment: None.
Presentation, Representative Chanz Green: Representative Green was not present for the meeting, so
no presentation was delivered.
2022 Audit Presentation: Vanessa Kane, Baker Tilly, delivered the 2022 audit to the board. Total fund
balance for 2022 is $17,655,934, which is up approximately $930k. Of the fund balance, $6,364,798 is
unassigned. General fund revenue totaled $18,199,877. The county has three new revenue funds for
2022, the Carbon Offset Reserve Fund, Opioid Settlement Fund, and LATCF Fund. Bayfield County
expended $4,234,165 in federal awards and $3,091,637 in state awards in 2022. Overall, no compliance
findings regarding state and federal awards. Silbert asked how it would affect future audits if the county
does not receive carbon offset funds. Kane explained that those funds are restricted in a special revenue
fund based on the carbon offset plan that the county approved. These funds are an investment, so they
are shown as a gain on investment in 2022. Should the county not sell any carbon credits, the funds
would be shown as a loss on investment the following year, but the loss will only affect one fund.
Consent Agenda:
a) Minutes from August 29, 2023
b) Bayfield County Resolution No. 2023-93; Honoring Kelli Thompson, Wisconsin State Public
Defender:
2
Honoring Kelli Thompson, Wisconsin State Public Defender
WHEREAS, Bayfield County recognizes State Public Defender, Kelli Thompson for her service to
Wisconsin as the State Public Defender over the past 12 years; and,
WHEREAS, Bayfield County appreciates Thompson’s progressive outlook and evidenced based
approach that created efficiencies and long term gains in criminal justice activities across the
State; and,
WHEREAS, Thompson is known for her extraordinary efforts, including personally taking cases
during staffing shortages, to ensure that defendants in rural areas had legal representation; and,
WHEREAS, Bayfield County knows that the work of Kelli Thompson will have a long and
lasting impact on the State of Wisconsin and its people;
NOW, THEREFORE, BE IT RESOLVED, that the Bayfield County Board of Supervisors,
assembled this 26th day of September 2023, hereby extends its sincere appreciation for the time
and effort put into Kelli Thompson’s role as State Public Defender.
c) Bayfield County Resolution No. 2023-94; Bayfield County Celebrates National
Preparedness Month, September 2023:
Bayfield County Celebrates National Preparedness Month September 2023
WHEREAS, Bayfield County’s participation in the September 2023 National Preparedness Month
activities creates an important opportunity for residents of Bayfield County to be prepared for natural
and other disaster emergencies where they live, work, and play; and,
WHEREAS, taking steps toward personal preparedness and ensuring that our households,
workplaces, schools, institutions of higher learning, houses of worship, and community-based
organizations are prepared for natural and other disasters can reduce fatalities and economic
devastation following a major crisis; and,
WHEREAS, participating in the September National Preparedness Month’s activities will increase
the number of citizens who understand which natural and other disasters could happen in our
community; and,
WHEREAS, our citizens will learn what to do to be safe and mitigate damages; and,
WHEREAS, the citizens of Bayfield County learn how to take action to increase their
preparedness; and,
WHEREAS, other federal, state, local, tribal, territorial, private, and volunteer agencies are
working to increase public activities in preparing for natural disaster emergencies and to
encourage individuals to act; and,
WHEREAS, emergency preparedness is the responsibility of every citizen of the County and all
citizens are urged to make preparedness a priority and work together to ensure that individuals,
families, and communities are prepared for disasters and natural disaster emergencies of any
type; and,
3
WHEREAS, the Federal Emergency Management Agency (FEMA)’s annual September
National Preparedness Month’s activities will ensure that our community becomes a leader in
preparedness and contributes to our nation’s resilience;
NOW, THEREFORE, BE IT RESOLVED, that the Bayfield County Board of Supervisors,
assembled this 26th day of September 2023, do hereby proclaim the month of September 2023 as
National Preparedness Month in Bayfield County.
Motion by Rondeau, seconded by Sandstrom to adopt the consent agenda as presented. Motion carried,
11-0, 2 absent.
Planning & Zoning Committee Report No. 2023-11
Petition to Amend Sections 13-1-107 of the Code of Ordinances, Bayfield County, Wisconsin
Planning & Zoning Director, Ruth Hulstrom, reviewed the report with the board.
Motion by Rondeau, seconded by Silbert to receive and place on file Report No. 2023-11 Petition to
Amend Sections 13-1-107 of the Code of Ordinances, Bayfield County, Wisconsin. Motion carried, 11-0,
2 absent.
Bayfield County Amendatory Ordinance No. 2023-11
Petition to Amend Sections 13-1-107 of the Code of Ordinances, Bayfield County, Wisconsin
4
5
Motion by Rondeau, seconded by Silbert to adopt Amendatory Ordinance No. 2023-11 Petition to
Amend Sections 13-1-107 of the Code of Ordinances, Bayfield County, Wisconsin. Motion carried, 11-0,
2 absent.
Planning & Zoning Committee Report No. 2023-12
Petition to Change District Boundaries of a Parcel Owned by Christopher N. Call and John Elias
Thomas, Town of Drummond, from Residential-Two (R-2) to Residential-One (R-1)
Hulstrom reviewed the proposal with the board and explained that the lot is more in alignment with
Residential-One (R-1) zoning standards than Residential-Two (R-2). There are other R-1 zoned
properties in the immediate area.
Motion by Rondeau, seconded by Oswald to receive and place on file Report No. 2023-12 Petition to Change District Boundaries of a Parcel Owned by Christopher N. Call and John Elias Thomas, Town of
Drummond, from Residential-Two (R-2) to Residential-One (R-1). Motion carried, 11-0, 2 absent.
Bayfield County Amendatory Ordinance No. 2023-12
Petition to Change District Boundaries of a Parcel Owned by Christopher N. Call and John Elias
Thomas, Town of Drummond, from Residential-Two (R-2) to Residential-One (R-1)
6
Motion by Rondeau, seconded by Crandall to adopt Amendatory Ordinance No. 2023-12 Petition to
Change District Boundaries of a Parcel Owned by Christopher N. Call and John Elias Thomas, Town of
Drummond, from Residential-Two (R-2) to Residential-One (R-1). Motion carried, 11-0, 2 absent.
Bayfield County Amendatory Ordinance No. 2023-13
To Add 1 Route to the All-Terrain Vehicles Designated Routes in the Bayfield County Code of
Ordinances, Title 10 – Chapter 3
Title 10, Chapter 3, Motor Vehicles & Traffic
Chapter 3: All-Terrain Vehicles and
Off-Road Motor Vehicle Operation
Sec. 10-3-1 State All-Terrain Vehicle Laws Adopted.
The provisions describing and defining regulations with respect to all-terrain vehicles in §23.33, Wis.
Stats., and any future amendments or revisions, are hereby adopted by reference and made part of this
Section as if fully set forth therein.
Sec. 10-3-2 Purpose.
Taking consideration of the economical and recreational value weighted against possible dangers,
liability aspects, terrain involved, traffic density and public health, this ordinance has been created to
designate certain all-terrain vehicle routes on portions of existing county highways, to identify the
procedure for establishment of additional all-terrain vehicle routes in the county, to set forth conditions
of operation of all-terrain vehicles on the county trunk highway system and signage, suspension and
revocation of all-terrain vehicle routes, and to specify penalties for violation of this ordinance.
Sec. 10-3-3 Authority.
7
This ordinance is enacted pursuant to County Board authority under Wis. Stat. 59.02, as authorized by
23.33 (11)(am) and 23.33 (8)(b).
Sec. 10-3-4 Establishment of ATV Routes.
County Trunk Highways designated as ATV routes shall be established and approved by the Bayfield
County Board upon recommendation by the Highway Committee. The Highway Committee shall
develop policies and procedures for the designation of ATV routes including appropriate criteria for
making a designation.
Sec. 10-3-5 Operation of All-Terrain Vehicles on the County Trunk Highway
System
(a) All ATV’s shall operate only on the extreme right side of the paved
portion of the roadway. Operation of an ATV on the shoulder, ditch or
right-of-way is prohibited and illegal.
(b) All ATV operators shall observe and obey posted speed limits. The speed
limit for ATVs traveling on designated routes is 40 mph unless otherwise
posted.
(c) All ATV operators shall ride in single file.
(d) ATV operators shall yield the right-of-way to other vehicular traffic and
pedestrians.
(e) All ATV operators shall have their headlight and taillight illuminated at all
times while operating on a county highway.
(f) All persons under the age of 18 must wear a helmet when operating or
riding an ATV.
(g) All ATV operators will be in compliance with Statutory Regulations.
(h) All ATV operators assume all the usual and normal risks of ATV
operation while on the approved County Highway route(s).
Sec. 10-3-6 Signage of ATV Routes.
Any ATV signage on County Trunk Highway right-of-way will be installed by the Bayfield County
Highway Department which shall be reimbursed for time and materials by the Route Sponsor. All
signage will be in accordance with Wisconsin Administrative Code NR 64.12 (7). Any removal,
damage, defacing, moving, or obstructing of signage is illegal and prohibited.
Sec. 10-3-7 Enforcement.
This ordinance shall be enforced by the Bayfield County Sheriff’s Department or any other law
enforcement official as set forth in Wis. Statute 23.33(12).
Sec. 10-3-8 Violations.
(a) Wisconsin state All-Terrain Vehicle penalties as found in s. 23.33 (13) (a) Wis. Stats., are
adopted by reference.
(b) Forfeiture: The penalty for violation of any provision of this Chapter shall be a forfeiture,
in accordance with Title 1, Chapter 2 of the Bayfield County Code of Ordinances,
together with the court costs and fees and the applicable penalty assessment. Forfeiture
for violation of any ATV regulation(s) set forth in the Wisconsin Statutes adopted by
reference in this Chapter shall conform to the forfeiture penalty permitted to be imposed
under the applicable statute(s).
8
Sec. 10-3-9 Maintenance. Approval of highway segments as ATV routes does not imply that
additional maintenance will be provided by the Bayfield County Highway Department. These segments
will be maintained like any other segment of County Highway, and Bayfield County makes no
representation as to their condition or fitness for ATV use.
Sec. 10-3-10 Designated Routes.
The following routes are designated all-terrain vehicles routes in Bayfield County:
1. CTH H (Scenic Drive to Finger Lake Road) – 0.15 mile (Adopted May 17, 2014
2. CTH N (Hiatt Road to Longview Road) 2.26 miles
3. CTH N (STH 27 To Kickapoo Trail) 4.64 miles (Adopted Nov. 28, 2014)
4. CTH D (CTH M to Pioneer Road) 6.07 miles (Adopted Jan. 26, 2016)
5. CTH C (Siskiwit Lake Road to Mountain Road) 0.51 mile (Siskiwit Falls Road to Huron
Avenue) 0.21 mile
6. CTH E (Sutherland to STH 63) 1.19 miles
7. CTH N (Pease Road to CTH A) 0.50 mile
8. CTH A (CTH N to Kickapoo Trail) 0.25 miles
9. CTH F (USH 2 to STH 63) (Adopted Aug. 27, 2013) – 3.47 miles (Adopted May 27, 2014)
10. CTH E (USH 2 to Keystone Road) (Adopted Aug. 27, 2013) – 1.0 miles
11. CTH M (Kavanaugh Road to USH 63, (1 City Block) (Adopted Oct. 1, 2013) – 0.09 Mile (Adopted
May 27, 2014
12. CTH C (FR 696 to FR 697) – 0.25 Mile (Adopted May 27, 2014)
13. CTH H (Horstman Road to CTH E) – 1.96 miles (Adopted Nov. 28, 2014)
14. CTH E (CTH H to Panasuk Road) – 1.00 mile (Adopted Nov. 28, 2014)
15. CTH E (Lund Road to Faith Church Road) - .50 Miles (Adopted Nov. 28, 2014)
16. CTHE (Moonshine Alley Road to Olaf Johnson Road) – 1.00 Miles (Adopted Nov. 28, 2014)
17. CTH E (Andrew Anderson Road to Benoit Road) – .50 Miles (Adopted Nov. 28, 2014)
18. CTH E (Panasuk Road to Keystone Road) – 1.00 Mile (Adopted Nov. 28, 2014)
19. CTH M (Frels Road to Garmisch Road) – 2.72 miles (Adopted Aug. 30, 2016)
20. CTH D (Porcupine Lake Road to Club Lake Road) – 0.06 miles (Adopted Oct. 18, 2016)
21. CTH H (Scenic Drive West to E Knutson Drive) – .512 miles (Adopted January 26th, 2019)
22. CTH H (W Knutson Drive to South McCarry Lake Road) – .981 miles (Adopted January 26th,
2019)
23. CTH H (North McCarry Lake Road to Busky Bay Drive – .964 miles (Adopted January 26th,
2019)
24. CTH M (Old Grade Road (FR191) and East Lake Five Road) – 1.1 miles (Adopted February
13th, 2019)
25. CTH H (Hortsman Road to Finger Lake Road) – 4.48 miles (Adopted March13th, 2019)
26. CTH H (Scenic Drive to Scenic Drive) – 3.81 miles (Adopted March13th, 2019)
27. CTH G (USH 2 east to Pristash Road) – 2 miles (Adopted July 3rd, 2019)
28. CTH J (Highway 13 to Highway 13) – 8.24 miles (Adopted August 10th, 2019)
29. CTH I – .7 miles (Adopted August 10th, 2019)
9
30. CTH C (Big Pine Trail to Siskiwit Lake Road) – .25 miles (Adopted August 10th,
2019)
31. CTH D (Highway 63 to Camp 8 Road) – 3.25 miles (Adopted August 10th, 2019)
32. CTH H (McCarry Lake Road to McCarry Lake Road) – .79 miles (Adopted
August 10th, 2019)
33. CTH H (Buskey Bay Drive to Wayside Road) – 1.2 miles (Adopted August 10th,
2019)
34. CTH D (Triangle Road to Pioneer Road) – 1 mile (Adopted September 7th, 2019)
35. CTH C (Big Rock Road to McKinley Road) – 1 mile (Adopted September 7th, 2019)
36. CTH C (29635 County Hwy C west to South Maple Hill Road) (Void upon
sale of home) – .6 mile (Adopted February 25th, 2020)
37. CTH Y (Intersection of CTH Y and Lake Road south to intersection of CTH Y and South
Shore Road in the Town of Barnes) – 1 mile
38. CTH Y (Starting from demarcation point 2.12 miles south of intersection of CTH Y and
State Hwy 27 north to intersection of CTH Y and CTH N, portion of CTH N to State Hwy
27 to access trail) – 2.15 miles
39. CTH E (CTH H to Highway 63) – 9.4 miles
40. CTH A (Summit Street in the Town of Iron River south to Kolling Road) – 2.1 miles
41. CTH M (Trail Inn Road to Telemark Road) – 0.6 miles
42. CTH N (Beck Road to Hiatt Road) – 0.7 miles
43. CTH H (S Spyder Lake Road to Pine Lake Road) – 1.21 miles
Sec. 10-3-11 Suspension and Revocation of Route
(a) The Bayfield County Highway Commissioner shall have the authority to suspend operation of
any ATV route for up to ninety (90) days due to hazard, construction or emergency
conditions in any highway segment listed as a designated route.
(b) Any ATV route may be revoked at any time by the Bayfield County Highway Commissioner. At
the next Bayfield County Highway Committee meeting following the revocation, the
committee shall take action to either uphold the revocation or overturn it.
Rekemeyer asked if the towns would receive any funding for maintaining the roads that have been
opened up for ATVs. Strand replied no, the funding received for ATV trails would need to be used for
the trails, not for the roads. Discussion took place regarding the maintenance of roads that have been
opened up for ATVs.
Motion by Crandall, seconded by Rondeau to adopt Amendatory Ordinance No. 2023-13 To Add 1
Route to the All-Terrain Vehicles Designated Routes in the Bayfield County Code of Ordinances, Title
10 – Chapter 3. Motion carried, 10-1, 2 absent.
Bayfield County Resolution No. 2023-95
Resolution Providing for the Issuance, Sale and Delivery of a $3,000,000 General Obligation
Promissory Note, Series 2023, of Bayfield County, Wisconsin; Establishing the Terms and
Conditions. Therefore; Directing its Execution and Delivery; Creating a Debt Service Account
Therefor and Awarding the Sale Thereof
BE IT RESOLVED, by the Board of Supervisors (the “Board”) of Bayfield County, Wisconsin (the
“County”), as follows:
10
Section 1. Note Purpose, Authorization, and Award.
1.01 Under and pursuant to the provisions of Wisconsin Statutes, Chapter 67 and Sections 67.045 and
67.12(12), the County is authorized to issue and sell its general obligation promissory notes for any public
purpose.
1.02 The Board hereby directs the issuance and sale of its $3,000,000 General Obligation Promissory
Note, Series 2023 (the “Note”) for the public purpose of financing a portion of the County’s 2024 Highway
Reconstruction Program consisting of approximately nine miles of County Highway improvements and
improvements for the Northern Lights Nursing Home (collectively the “Project”).
1.03 The County will solicit a proposal for the sale of the Note from Bremer Bank, National
Association, located in Washburn, Wisconsin (the “Purchaser”), to purchase the Note to pay or provide for costs
of the Project, and upon condition that the Note matures and bears interest at the time and annual rate set forth in
Section 2. The County, after due consideration, finds such an offer that meets the terms as set forth herein are
reasonable and proper and will accept the offer from the Purchaser. All actions of the Chairperson, the County
Clerk, Treasurer and the Administrator taken with regard to the sale of the Note are hereby ratified and approved.
Section 2. Terms and Form of the Note.
2.01 The Note shall be a single note, dated as of the date of delivery, in fully registered form, in the
amount of $3,000,000, with principal and interest payable March 1, 2024.
The Note shall bear interest on the unpaid principal balance at the rate not to exceed 5.50% per annum.
Interest shall be payable on March 1, 2024. Payments shall be applied first to interest due through the stated
principal payment date set forth above on the unpaid principal balance and thereafter to reduction of principal.
Delinquent payments, if any, shall be applied by the registered holder in the following sequence: (1) billed
delinquent interest, (2) past-due interest installments, (3) past-due principal installments, (4) interest installments
due, and (5) principal installments due.
2.02 The principal amount of the Note maturing on March 1, 2024 is subject to redemption and
prepayment at the option of the County on January 2, 2024 and on any day thereafter in whole or in part, at par
plus accrued interest to the date of redemption.
2.03 The Board hereby appoints the County Clerk as registrar and transfer agent for the Note (such
officer or successor thereof is herein referred to as the “Note Registrar”).
2.04 The Note shall bear interest at the annual rate stated therefor in Section 2.01. The County
Treasurer shall make all interest payments with respect to the Note by check or draft mailed to the registered
owner of the Note shown on the bond registration records maintained by the Note Registrar at the close of
business on the 15th day (whether or not on a business day) of the month next preceding the Interest Payment
Date at such owner’s address shown on such bond registration records.
2.05 A. The Note shall be prepared for execution in accordance with the approved form and shall
be signed by the manual signature of the Chairperson and attested by the manual signature of the County Clerk.
In case any officer whose signature shall appear on the Note shall cease to be an officer before delivery of the
Note, such signature shall nevertheless be valid and sufficient for all purposes as if he or she had remained in
office until delivery.
B. The County Clerk is authorized and directed to obtain a copy of the proposed approving legal
opinion of the Bayfield County Corporation Counsel, which is to be complete except as to dating thereof and
cause the opinion to be attached to the Note. The County Clerk is authorized and directed to file the opinion in
the County offices.
2.06 A. The County shall cause to be kept at the principal corporate office of the Note Registrar a
note register in which, subject to such reasonable regulations as the Note Registrar may prescribe, the County
shall provide for the registration of the Note and the registration of transfers of the Note entitled to be registered
11
or transferred as herein provided. In the event of the resignation or removal of the Note Registrar or its
incapability of acting as such, the Note registration records shall be maintained at the office of the successor Note
Registrar as may be appointed by the Board.
B. Upon surrender for transfer of the Note at the principal corporate office of the Note Registrar, the
County shall execute and the Note Registrar shall authenticate and deliver, in the names(s) of the designated
transferee(s), one new note of a like aggregate principal amount, as requested by the transferor.
C. A Note surrendered upon the exchange provided for in this Resolution shall be promptly
cancelled by the Note Registrar and thereafter disposed of as directed by the Board.
D. A Note issued in exchange for or upon transfer of the Note shall be a valid obligation of the
County evidencing the same debt and entitled to the same benefits under this Resolution as the Note surrendered
for such exchange or transfer.
E. The Note presented for a transfer or exchange shall (if so required by the County or the Note
Registrar) be duly endorsed or be accompanied by a written instrument of transfer, in form satisfactory to the
County and the Note Registrar, duly executed by the registered owner thereof or the owner’s attorney duly
authorized in writing.
F. The County may require payment of a sum sufficient to cover any tax or other governmental
charge that may be imposed in connection with the transfer or exchange of the Note, other than exchange
expressly provided in this Resolution to be made, without expense or without charge to the registered owner.
G. If the Note becomes mutilated or is destroyed, stolen or lost, the Note Registrar will deliver a new
Note of like amount, number, maturity dates and tenor in exchange and substitution for and upon cancellation of
the mutilated Note or in lieu of and in substitution for the Note destroyed, stolen or lost, upon the payment of the
reasonable expenses and charges of the Note Registrar in connection therewith; and, in the case of the Note being
destroyed, stolen or lost, upon filing with the Note Registrar and the County of evidence satisfactory to them that
the Note was destroyed, stolen or lost, and of the ownership thereof, and upon furnishing to the Note Registrar of
an appropriate note or indemnity in form, substance and amount satisfactory to it and as provided by law, in
which both the County and the Note Registrar must be named as obligees. The Note so surrendered to the Note
Registrar will be cancelled by the Note Registrar and evidence of such cancellation must be given to the County.
If the mutilated, destroyed, stolen or lost Note has already matured or been called for redemption in accordance
with its terms, it is not necessary to issue a new Note prior to payment.
2.07 The Note delivered upon transfer of or in exchange for or in lieu of any other Note shall carry all
of the rights to interest, accrued and unpaid and to accrue, which are carried by such other Note.
2.08 The principal of and interest on the Note shall be payable by the Note Registrar in such funds as
are legal tender for the payment of debts due the United States of America. The County shall pay the reasonable
and customary charges of the Note Registrar for the disbursement of principal and interest.
2.09 Delivery of the Note and payment of the initial advance of the purchase price under the Note shall
be made at a place mutually satisfactory to the County and the Purchaser. A typewritten and executed Note shall
be furnished by the County without cost to the Purchaser. The Note, when prepared in accordance with this
Resolution and executed, shall be delivered by or under the direction of the County Clerk to the Purchaser upon
receipt of the purchase price or initial advance plus accrued interest.
Section 3. Form of the Note.
3.01 The Note shall be typewritten or printed in substantially the following form:
UNITED STATES OF AMERICA
STATE OF WISCONSIN
BAYFIELD COUNTY
R-l $3,000,000
12
GENERAL OBLIGATION PROMISSORY NOTE, SERIES 2021
Rate Date of Original Issue Maturity Date
____% November ___, 2023 March 1, 2024
REGISTERED OWNER: BREMER BANK, NATIONAL ASSOCIATION
Bayfield County, Wisconsin (the “County”), for value received, promises to pay to the registered owner
specified above (the “Holder”), or registered assigns, the principal sum of Three Million Dollars ($3,000,000)
payable on March 1, 2024, together with interest on the outstanding principal amount from the date hereof at a
rate not to exceed 5.5% per annum, calculated on the basis of a 360-day year of twelve 30-day months and will be
rounded pursuant to the rules of the Municipal Securities Rulemaking Board. Both principal hereof and interest
hereon are payable in lawful money of the United States of America by check or draft from the office of the
County Treasurer. The County Treasurer shall make the interest payment with respect to this Note directly to the
registered owner hereof shown on the bond registration records maintained on behalf of the County by the County
Clerk at the close of business on the 15th day of the month next preceding the Interest Payment Date (whether or
not a business day) at such owner’s address shown on said bond registration records, without, except for payment
of the final principal installment on the Note, the presentation or surrender of this Note, and all such payments
shall discharge the obligation of the County to the extent of the payments so made. Payment of the principal shall
be made when due upon presentation and surrender of this Note to the County Clerk. For the prompt and full
payment of such principal and interest as they become due, the full faith and credit and resources of the County
are irrevocably pledged.
The principal of and interest on the Note are payable in such funds as are legal tender for payment of
debts due the United States of America. Payments shall be applied first to interest due through the stated
principal payment date set forth above on the unpaid principal balance and thereafter to reduction of principal.
Delinquent payments, if any, shall be applied by the Holder in the following sequence: (1) billed delinquent
interest, (2) past-due interest installments, (3) past-due principal installments, (4) interest installments due and
(5) principal installments due.
This Note is issued by the County in the amount of $3,000,000 pursuant to the authority contained in
Wisconsin Statutes, Chapter 67, and Sections 67.045 and 67.12(12), and all other laws thereunto enabling, and
pursuant to an authorizing resolution adopted by the governing body of the County on September 27, 2023 (the
“Resolution”), for the public purpose of financing a portion of the County’s 2024 Highway Reconstruction
Program and improvements for the Northern Lights Nursing Home. The Note is payable from the Series 2023
Promissory Note Debt Service Account in the County’s Debt Service Fund and a direct annual ad valorem tax has
been levied upon all of the taxable property within the County, as set forth in the Resolution to which reference is
made for a full statement of rights and powers thereby conferred.
This Note has been designated by the County as a “qualified tax-exempt obligation” for purposes of
Section 265(b)(3) of the Internal Revenue Code of 1986, as amended.
The principal amount of the Note shall be subject to redemption and prepayment at the option of the
County on January 2, 2024, and on any day thereafter, in whole or in part, at par plus accrued interest to the date
of redemption.
The Note is issued as a fully registered note without coupons, in the denomination of $3,000,000. The
County will, at the request of the registered owner, issue one new fully registered note in the name of the
registered owner in the aggregate principal amount equal to the unpaid principal balance of the Note, all of like
tenor except as to number and principal amount. This Note is transferable by the registered owner hereof upon
surrender of this Note for transfer at the principal office of the Note Registrar, duly endorsed or accompanied by a
written instrument of transfer in form satisfactory to the Note Registrar and executed by the registered owner
hereof or the owner’s attorney duly authorized in writing. Thereupon the County shall execute and the Note
Registrar shall authenticate and deliver, in exchange for this Note, one new fully registered note in the name of
the transferee of an authorized denomination, in an aggregate principal amount equal to the unpaid principal
amount of this Note, of the same maturity, and bearing interest at the same rate.
13
IT IS CERTIFIED AND RECITED that all acts and conditions required by the Constitution and laws of
the State of Wisconsin to be done and to exist precedent to and in the issuance of this Note, in order to make it a
valid and binding general obligation of the County in accordance with its terms, have been done and do exist in
form, time and manner as so required; that all taxable property within the limits of the County is subject to the
levy of ad valorem taxes to the extent needed to pay the principal hereof and the interest hereon when due,
without limitation as to rate or amount and that the issuance of this Note does not cause the indebtedness of the
County to exceed any constitutional or statutory limitation.
IN WITNESS WHEREOF, Bayfield County, Wisconsin, by its governing body, has caused this Note to
be executed in its name by the signatures of the Chairperson and the County Clerk and its corporate seal or a true
facsimile thereof to be impressed or imprinted hereon, all as of the date of original issue specified above.
ATTEST:
County Clerk Chairperson
(SEAL)
Date of Execution: November __, 2023
REGISTRATION CERTIFICATE
This Note must be registered as to both principal and interest in the name of the owner on the books to be
kept by the County Clerk. No transfer of this Note shall be valid unless made on said books by the registered
owner or the owner’s attorney thereunto duly authorized and similarly noted on the registration books. The
ownership of the unpaid principal balance of this Note and the interest accruing thereon is registered on the books
of the County Clerk in the name of the registered owner last noted below.
Date Registered Owner Signature of County Clerk
11/__/2023 Bremer Bank, National Association
31 West Bayfield Street
Washburn, WI 54891
Federal Taxpayer I.D. No.: 39-
0669450
____________________________
ASSIGNMENT
FOR VALUE RECEIVED, the undersigned sells, assigns, and transfers unto
(Name and Address of Assignee)
________________________ Social Security or other
Identifying Number of
________________________ Assignee
the within Note and all rights thereunder and does hereby irrevocably constitute and appoint
___________________________________________________________________________ attorney to transfer
the said Note on the books kept for registration thereof with full power of substitution in the premises.
Dated: _______________________
____________________________________________
____________________________________________
14
NOTICE: The signature of this assignment must
correspond with the name of the registered owner as it
appears upon the face of the within Note in every
particular, without alteration or enlargement or any
change whatsoever.
Signature Guaranteed:
________________________________
(Bank, Trust Company, member of
National Securities Exchange)
EXHIBIT A TO NOTE
Amount of
Disbursement
Date of
Disbursement
$3,000,000 November __, 2023
Section 4. Borrowed Money Fund; Debt Service Fund.
4.01 A The Series 2023 Borrowed Money Fund. There is hereby created a separate and special
fund designated as the Series 2023 Borrowed Money Fund (the “Borrowed Money Fund”), which shall be used
solely for payment of costs of constructing the Project. Proceeds of the Note shall be drawn and credited to the
Borrowed Money Fund. The monies in said fund may from time to time be invested as provided in Section
66.0603, Wisconsin Statutes. Upon completion of such capital improvements as described in Section 1.02 hereof,
and after payment in full of all costs thereof, any balance on hand in the Borrowed Money Fund shall be credited
to the Debt Service Account.
B. Debt Service Fund. There is hereby established in the treasury of the County, if it has not already
been created, a debt service fund separate and distinct from every other fund (the “Debt Service Fund”), which
shall be maintained in accordance with generally accepted accounting principles. Sinking funds established for
obligations previously issued by the County may be considered as separate and distinct accounts within the Debt
Service Fund. There shall be maintained in the Debt Service Fund a separate account, to be designated the Series
2023 Promissory Note Debt Service Account.
C. The Series 2023 Promissory Note Debt Service Account. To the Series 2023 Promissory Note
Debt Service Account (the “Debt Service Account”) there is hereby pledged and irrevocably appropriated and
there shall be credited: (1) any collections of all taxes levied herein for the payment of the Note and interest
thereon; (2) all investment earnings on funds in the Debt Service Account; (3) accrued interest, if any, received
upon delivery of the Note; (4) surplus monies in the Borrowed Money Fund as specified in Section 4.01A hereof;
(5) funds appropriated in Section 4.02A hereof up to $55,000; and (6) any and all other monies which are properly
available and are appropriated by the County to the Debt Service Account including further deposits as may be
required by Section 67.11 of Wisconsin Statutes. The amount of any surplus remaining in the Debt Service
Account when the Note and interest thereon are paid shall be used to reduce the amount of taxes levied herein.
No money shall be withdrawn from the Debt Service Account and appropriated for any purpose other than the
payment of principal of and interest on the Note until all such principal and interest has been paid in full and
cancelled; provided (i) the funds to provide for each payment of principal of and interest on the Note prior to the
scheduled receipt of taxes from the next succeeding tax collection may be invested in direct obligations of the
United States of America maturing in time to make such payments when they are due; and (ii) any funds over and
above the amount of such principal and interest payments on the Note may be used to reduce the next succeeding
tax levy, or may, at the option of the County, be invested by purchasing the Note as permitted by and subject to
Section 67.11(2)(a), Wisconsin Statutes, in interest bearing obligations of the United States of America, or in
other obligations of the County, which investments shall continue to be a part of the Debt Service Account. When
all of the Note has been paid in full and cancelled, and all permitted investments disposed of, any money
remaining in the Debt Service Account shall be deposited in the general fund of the County, unless the Board
directs otherwise.
15
D. Draws on Note. On the date of issuance of this Note, the County shall draw $3,000,000 of the
Note.
4.02 Debt Service Levy.
A. The Board hereby appropriates up to $55,000.00 from the County’s General Fund – Contingency
Line Item to the Debt Service Account to pay the interest due on the Note on March 1, 2024.
B. For the purpose of paying the principal of and interest on the Note as the same become due, the
full faith, credit and resources of the County are hereby irrevocably pledged and there hereby is levied on all the
taxable property in the County a direct, annual, irrepealable tax in such year and in such amount as is sufficient,
together with the monies appropriated to the Debt Service Account as provided for in Section 4.02A, to meet such
principal and interest payments when due; said tax is hereby levied in the year and in the amount shown on
Exhibit A hereto, which is incorporated by reference as though fully set forth herein.
B. The County shall be and continue to be without power to amend Sections 4.02A or repeal such
levy or obstruct the collection of said tax until all such payments have been made or provided for. After the
issuance of the Note, said tax shall be carried into the tax rolls of the County and collected as other taxes are
collected.
4.03 Payment of Costs of Issuance. The County agrees to pay the costs of issuance of the Note as set
forth in the officers’ certificate on the Closing Date.
Section 5. Certificate of Proceedings.
5.01 The officers of the County are authorized and directed to prepare and furnish to the Purchaser and
to bond counsel certified copies of all proceedings and records of the County relating to the authorization and
issuance of the Note and other affidavits and certificates as may reasonably be requested to show the facts relating
to the legality and marketability of the Note as such facts appear from the official books and records of the
officers’ custody or otherwise known to them. All of such certified copies, certificates and affidavits, including
any heretofore furnished, constitute representations of the County as to the correctness of facts recited therein and
the actions stated therein to have been taken.
5.02 The County Clerk shall provide and keep a separate record book and shall record a full and
correct statement of every step or proceeding had or taken in the course of authorizing and issuing the Note.
5.03 In the event of the absence or disability of the Chairperson or County Clerk, such officers of the
County or members of the Board as in the opinion of the County’s attorney may act in their behalf shall, without
further act or authorization, execute and deliver the Note, and do all things and execute all instruments and
documents required to be done or executed by such absent or disabled officers.
Section 6. Tax Covenants.
6.01 A. The County hereby covenants not to use the proceeds of the Note, or to cause or permit
them to be used, in such a manner as to cause the Note to be a “private activity bond” within the meaning of
Sections 103 and 141 through 150 of the Code.
B. The County covenants and agrees to comply with requirements under the Code necessary to
establish and maintain the exclusion from gross income under Section 103 of the Code of the interest on the Note,
including without limitation (1) requirements relating to temporary periods for investment, (2) limitation on
amounts invested at a yield greater than the yield on the Note, and (3) the rebate of excess investment earnings to
the United States if the gross proceeds of the Note are not expended for the purposes of the Note in accordance
with the requirements of the small-issuer exception and the regulations thereunder.
C. For purposes of qualifying for the small-issuer exception to the federal arbitrage rebate
requirements, the County finds, determines and declares:
16
(1) the County is a governmental unit with general taxing powers;
(2) the Note is not a “private activity bond” as defined in Section 141 of the Code;
(3) 95% or more of the net proceeds of the Note are to be used for local governmental
activities of the County;
(4) the aggregate face amount of the tax-exempt obligations (other than private activity
bonds) issued by the County during the calendar year in which the Note is issued is not reasonably
expected to exceed $5,000,000, all within the meaning of Section 148(f)(4)(D) of the Code.
D. In order to qualify the Note as a “qualified tax-exempt obligation” within the meaning of Section
265(b)(3) of the Code, the County hereby makes the following factual statements and representations:
(1) the Note is not a “private activity bond” as defined in Section 141 of the Code;
(2) the County hereby designates the Note as a “qualified tax-exempt obligation” for
purposes of Section 265(b)(3) of the Code;
(3) the reasonably anticipated amount of tax-exempt obligations (other than private activity
bonds, treating qualified 501(c)(3) bonds as not being private activity bonds) which will be issued by the
County (and all entities whose obligations will be aggregated with those of the County) during the
calendar year in which the Note was issued will not exceed $10,000,000; and
(4) not more than $10,000,000 of obligations issued by the County during the calendar year
in which the Note was issued have been designated for the purposes of Section 265(b)(3) of the Code.
E. The County shall use its best efforts to comply with any federal procedural requirements which
may apply in order to effectuate the designation made by this section.
Section 7. Post-Issuance Compliance Policy and Procedures. The Board has previously approved a
Post-Issuance Debt Compliance Policy and Post-Issuance Debt Compliance Procedures which shall apply to
qualifying obligations to provide for compliance with all applicable federal regulations for tax-exempt obligations
or tax-advantaged obligations (collectively, the “Policy and Procedures”). The Board hereby approves the Policy
and Procedures for the Note. The County Clerk continues to be designated to be responsible for post-issuance
compliance in accordance with the Policy and Procedures.
EXHIBIT A
GENERAL OBLIGATION PROMISSORY NOTE, SERIES 2023
BAYFIELD COUNTY, WISCONSIN
TAX LEVY SCHEDULE
Levy Year/Collect Year Tax Levy
2023/2024 $3,000,000*
* Total principal and interest due on the Note on March 1, 2024 is $3,000,000.00 plus interest that has been
appropriated to the Debt Service Account pursuant to Section 4.02A.
Abeles-Allison reported that the bond traditional is used for Highway Department services. This year,
the bond will be split between the Bayfield County Highway Department and Northern Lights Services.
The Highway Department will receive $1.65 million for its services and Northern Lights will receive
$1.35 million for a roof replacement and other maintenance items.
17
Motion by Rondeau, seconded by Silbert to adopt Resolution No. 2023-95 Resolution Providing for the
Issuance, Sale and Delivery of a $3,000,000 General Obligation Promissory Note, Series 2023, of
Bayfield County, Wisconsin; Establishing the Terms and Conditions. Therefore; Directing its Execution
and Delivery; Creating a Debt Service Account Therefor and Awarding the Sale Thereof. Roll Call
Vote: Pocernich-yes; Sandstrom-yes; Rondeau-yes; Dougherty-yes; Crandall-yes; Fickbohm-yes;
Rekemeyer-yes; Ray-yes; Milanowski-absent; Rautio-absent; Strand-yes; Oswald-yes; Silbert-yes.
Motion carried, 11-0, 2 absent.
Maintenance Tractor Purchase: Abeles-Allison explained that the Executive Committee had
previously approved $40,000 to purchase a tractor for facility maintenance. A request for bids had gone
out and one bid was received for the price of $36,606.55. Motion by Rondeau, seconded by Sandstrom to
approve the purchase of the tractor for the submitted bid price of $36,606.55. Roll Call Vote:
Sandstrom-yes; Dougherty-yes; Ray-yes; Oswald-yes; Fickbohm-yes; Silbert-yes; Strand-yes; Rautio-
absent; Milanowski-absent; Rekemeyer-yes; Pocernich-yes; Crandall-yes; Rondeau-yes. Motion
carried, 11-0, 2.
Bayfield County Resolution No. 2023-96
Resolution in Support of a County-Wide Bicycle and Pedestrian Comprehensive Plan
WHEREAS, Bayfield County is planning to develop a County-Wide Plan to address pedestrian and
bicycle facilities throughout the County; and,
WHEREAS, Bayfield County currently has no pedestrian or bicycle facilities along any Federal, State,
or County Highways; and,
WHEREAS, the development of a County Wide Pedestrian and Bicycle Plan will allow Bayfield
County to apply for future funding through the Federal Highways Administration Transportation
Alternatives Program; and,
WHEREAS, the development of a Comprehensive Pedestrian and Bicycle Plan will enhance the
wellbeing of local residents and visitors; and,
WHEREAS, the development of a Comprehensive Pedestrian and Bicycle Plan will encourage tourism
to Bayfield County; and,
WHEREAS, the development of a Comprehensive Pedestrian and Bicycle Plan will encourage outdoor
activities with increased health benefits; and,
WHEREAS, the Department of Transportation TAP (Transportation Alternatives Program) grant is
underway and will be submitted by the end of this October; and,
WHEREAS, the Tap grant will pay 80% of the planning and development of a Comprehensive
Pedestrian and Bicycle Comprehensive Plan and Bayfield County will be responsible for and commits
the required 20% match;
NOW THEREFORE BE IT RESOLVED, that the Bayfield County Board of Supervisors, assembled
this 26th day of September 2023 supports the development of a County Wide Pedestrian and Bicycle
Comprehensive Plan.
Abeles-Allison explained that the resolution authorizes the department to apply for pedestrian and bike
transportation comprehensive plan. Read resolution to the board.
Motion by Oswald, seconded by Rekemeyer to adopt Resolution No. 2023-96 Resolution in Support of a
County-Wide Bicycle and Pedestrian Comprehensive Plan. Motion carried, 10-1, 2 absent.
18
Reports:
a) Future County Board Meeting Dates:
a. October 31, 2023
b. November 14, 2023 (statutory requirement)
c. December – no meeting
d. January 30, 2024
b) Future Executive Committee Meetings Focused on Budget 2024
a. Tuesday, September 26, 2023 at 5:00 PM
b. Thursday, October 5, 2023 at 4:00 PM
c. Monday, October 9, 2023 at 4:00 PM
c) Superior Days Issues: Abeles-Allison reported that the first meeting was held. Oswald asked if
the organizers for Superior Days have been notified of the county’s willingness to increase their
contribution to Superior Days and what their response was. Strand replied that the organizers
have been informed and had a positive response to the increase in contributions.
d) Budget Update: Abeles-Allison reported that the second budget evening was held earlier in the
evening and the committee has made good progress with the 2024 budget. Board members that
have questions or who would like more budget details are encouraged to reach out to Abeles-
Allison or accountant, Kim Mattson.
e) Artesian Well Study Report: Abeles-Allison reported that the geologic survey is currently
publishing the well inventory and hope to have a completed report by the end of the year.
f) Nursing Home Article: Included in packet.
g) Comprehensive Planning Listening Session, Cable Community Center, Wednesday 9/27 at
5:00 PM
h) WCA Conference: Abeles-Allison reported that Bayfield County was well represented at the
conference and four of the six submitted resolutions by the county were passed. Abeles-Allison
explained that the passed resolutions will be sent to the board for the board to determine which
topic is a priority before staff are dedicated to pursuing the topic.
Divine reported that she has applied to be a trainer for elections and has held her first two out of four
election training sessions. The training is designed for municipal officers and chief inspectors and the
training has been well received with over 100 participants. Oswald asked Divine’s opinion on the
discussion surrounding removing the current individual in charge of the Wisconsin Elections Commission
(WEC). Divine responded that the situation would depend on the result, but it will boil down to guidance.
Supervisory Reports: Dougherty reported that the Aging and Disability Advisory Committee had
reported losing one of the staff members that handles the Medicare/Medicaid enrollment paperwork.
Losing this staff member will greatly increase the workload for the remaining staff and staff have
already reported that the workload is getting difficult to keep up with. Dougherty explained that the Human Services Department may ask for additional staff in the Aging and Disability Services section in
the future.
Abeles-Allison reported that Sara Wartman has now accepted the position of WIC Director after the
former director left therefore Bayfield County will need to hire a new Health Director.
Oswald reported that BART has expanded into Price County and a new garage is being built in Price
County. The BART board has also increased to include a member from Price County. Oswald informed
the board that the two electric buses have not been delivered yet but are still moving forward.
Closed Session: Motion by Rondeau, seconded by Ray to enter Executive/Closed Session at 7:13 p.m.
Motion carried, 10-0, 3 absent.
7:13 p.m. – Larry Fickbohm left the meeting.
Discussion took place regarding the Closed Session Minutes from June 27, 2023, Northern Lights
Operations, a Business Park Land Sales Agreement, and Tax Settlement Funds.
19
There being no further business to conduct in Executive/Closed Session, a motion was made by
Rondeau, seconded by Oswald to return to Open Session at 8:05 p.m. Motion carried, 10-0, 3 absent.
Adjournment: There being no further business to come before the Bayfield County Board of
Supervisors, Chairman Pocernich adjourned the meeting at 8:05 p.m.
Respectfully submitted,
LYNN M. DIVINE
Bayfield County Clerk
LMD/pat