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HomeMy WebLinkAboutCounty Board of Supervisors - Minutes - 10/31/2023 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 October 31, 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; Mary Dougherty-present; Dennis Pocernich- present; Brett Rondeau-absent; Jim Crandall-present; Larry Fickbohm-present; Charly Ray-absent; Jeremy Oswald-present; Fred Strand-present; Marty Milanowski-present; Madelaine Rekemeyer-present virtually; Jeff Silbert-present; John Rautio-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; State Assembly District 74 Representative- Chanz Green; Bayfield County and City of Washburn Housing Authority Executive Director- Jennifer Toribio-Warren; Human Services Director- Elizabeth Skulan; Washburn EMS Director- Jeff Bellile; Child Support Specialist- Michelle Alexy; Veterans Services Officer- Kevin Johnson; Environmental Sanitarian- Anne-Marie Coy; Bookkeeper- Gail Reha; and Clerk III- Paige Terry Pledge of Allegiance: The Pledge of Allegiance was recited by all in attendance. Bayfield County Resolution No. 2023-97 In Recognition of Veteran’s Day 2023 WHEREAS, the 11th of November, 2023 is celebrated as Veteran’s Day; and, WHEREAS, the freedoms ensured to our nation’s citizens have been vigilantly maintained for 248 years by our men and women in uniform; and, WHEREAS, we remember the countless sacrifices that our country’s valiant veterans have made throughout our history to not only preserve our liberty and freedom, but to fight for freedom, liberty, and prosperity for countries around the world; and, WHEREAS, the United States military instills a sense of honor, duty, leadership, commitment and respect, evident in the millions of Veterans who have returned home to their communities as productive citizens, strengthened by their military experiences; and, WHEREAS, we must all strive to ensure that ours remains a land worthy of the boundless devotion our veterans have shown for it; NOW, THEREFORE, BE IT RESOLVED, that the Bayfield County Board of Supervisors assembled this 31st day of October, 2023, does hereby recognize and respect the contributions made by our veterans to the ideologies of individual freedom, civil liberties, and the preservation of our constitutional republic. 2 Veterans Services Officer, Kevin Johnson, read the resolution to the board. Motion by Milanowski, seconded by Crandall to adopt Resolution No. 2023-97 In Recognition of Veteran’s Day 2023. Motion carried, 11-0, 2 absent. Bayfield County Resolution No. 2023-98 Native American Heritage Month November 2023 WHEREAS, In 1990 Congress passed and President George H. W. Bush signed into law a joint resolution designating the month of November as the first National American Indian Heritage Month; and, WHEREAS, Native Americans have inhabited this continent and this region since time immemorial, and have contributed significantly to the growth, prosperity, and identity of Bayfield County and the state of Wisconsin and the United States as a whole, from before its inception to the present day; and, WHEREAS, there are 1785 tribal residents living in Bayfield County with a total of 7936 living Red Cliff Members; and, WHEREAS, the 2020 U.S. Census reports that 9.7 million people throughout the country identify – either alone or in combination with another race – as American Indian or Alaska native, and according to the Bureau of Indian Affairs, there are currently 574 federally recognized Native Nations; and, WHEREAS, Wisconsin is home to 12 Native Nations, including the Bad River Band of Lake Superior Chippewa, Forest County Potawatomi, Ho-Chunk Nation, Lac Courte Oreilles Band of Lake Superior Chippewa Indians, Lac Du Flambeau Band of Lake Superior Chippewa, Menominee Indian Tribe of Wisconsin, Oneida Nation, Red Cliff Band of Lake Superior Chippewa, Sokaogon Chippewa Community, Mole Lake Band of Lake Superior Chippewa, Saint Croix Chippewa Indians of Wisconsin, Stockbridge-Munsee Community Band of Mohican Indians, and Brothertown Indian Nation, has been home to countless Indigenous leaders who have defended the land, protected the water, and championed Native rights, sovereignty, and prosperity for generations; and, WHEREAS, the state of Wisconsin and Bayfield County recognizes the centuries of colonization, exploitation, violence, trauma, and systemic racism that Indigenous peoples have long endured at the hands of the state and federal government and reaffirms its commitment to respecting the individual sovereignty, culture and heritage, and treaty rights of each Native Nation; and, WHEREAS, on this occasion, Bayfield County celebrates the incredible resilience of the Native Nations and Indigenous peoples who have, despite all odds, preserved their unique cultures, languages, and traditions, and who continue to make valuable cultural and economic contributions to the state, including by serving as major employers, impacting regional economies, and supporting local communities and charities; and, WHEREAS, Bayfield County and Red Cliff have worked cooperatively with mutual respect on many issues including land repatriation, health and public safety; and, WHEREAS, Bayfield County and Red Cliff have an active Tribal Relations committee that meets regularly to share success, discuss collaborations and generally strives to keep lines of communication functioning well; and, 3 WHEREAS, this month provides all Wisconsinites with the opportunity to honor the history of Indigenous peoples and to recognize and learn about the rich cultures, traditions, and contemporary contributions of Native Americans in Wisconsin and across the United States; NOW, THEREFORE, BE IT RESOLVED, that the Bayfield County Board of Supervisors assembled this 31st day of October, 2023, hereby designates the month of November 2023 as Native American Heritage Month. Silbert reported that he and Sandstrom have both served on the Tribal-County Relations Committee for several years and stated that the relationship between the two governments has been positive. Motion by Sandstrom, seconded by Silbert to adopt Resolution No. 2023-98 Native American Heritage Month 2023. Motion carried, 11-0, 2 absent. Presentation, Representative Chanz Green: State Representative, Chanz Green, delivered a legislative update to the board and answered questions brought forward by the board pertaining to issues surrounding rural EMS, the Brewers Bill, and the Evers V. LCO Tax Lawsuit. Public Hearing, 2024 Bayfield County Budget: Chairman Pocernich opened the public hearing at 6:15 p.m. Abeles-Allison gave a review of the 2024 proposed budget to the board. Expenditures total $45,923,114. The general fund levy has increased 1.71% with an overall levy increase of 4.71%. Abeles-Allison explained that Northern Lights has 309.11% increase due to new money being allocated towards repairing the roof. The mill rate is being proposed at 3.496 mills with an equalized value of $3,753,502,200 and the proposed levy is $13,123,505. Jeff Bellile, Washburn Ambulance Service Director, asked for the county’s support for allocating funds in the 2024 budget to conduct a countywide EMS study. Bellile stated that volunteer EMS services are becoming a dying breed with volunteers being a thing of the past. Bellile informed the board that 52 rural EMS services throughout the nation have closed their doors over the past 9 months. EMS services in the county are struggling to remain open with limited staff numbers and staff experiencing burnout. Silbert asked if the proposed budget includes the appropriate amount of reserve funds as recommended by the auditor. Abeles-Allison replied yes. Chairman Pocernich closed the public hearing at 6:22 p.m. Discussion and Possible Action to Adopt the 2024 Tax Levy: Divine explained the tax levy to the board. Chairman Pocernich asked if the county would be levying the maximum amount. Abeles-Allison replied yes. Motion by Silbert, seconded by Milanowski to approve the 2024 Tax Levy as proposed. Motion carried, 11-0, 2 absent. Discussion and Possible Action to Adopt the 2024 Budget: Motion by Milanowski, seconded by Crandall to approve the 2024 Budget as proposed. Motion carried, 11-0, 2 absent. Public Listening Sessions on County Highways A and N, All Season Road Project Proposal: Abeles-Allison explained that the County has repeatedly applied for highway funding for the County Highways A and N project but has not received funding. Abeles-Allison reported that there were four categories that the application did not score high in, one being public input. The Highway Department is now looking to obtain public input on the project by possibly holding public input sessions and is 4 encouraging citizens in the affected towns to reach out with any questions or concerns they may have. Abeles-Allison reviewed the project with the board. Public Comment: Kevin Johnson, Veterans Services Officer, informed the board he recently attended the Wisconsin County Veterans Services Association Fall Conference and stated that the association consists of 72 county veteran services officers and 11 tribal nation representatives. The tribal representatives were not invited into the association until 2002. Johnson stated that, at the conference, the elections for association officers were held and Bruce Wilber, the tribal and county officer from Menomonee was elected president of the state association, making him the first Native American in the nation to be elected for this position. Minutes from September 26, 2023: Motion by Milanowski, seconded by Fickbohm to approve the Minutes of the Monthly Bayfield County Board of Supervisors Meeting held on September 26, 2023. Motion carried, 11-0, 2 absent. Bayfield County and City of Washburn Housing Authority Quarterly Report: Housing Authority Executive Director, Jennifer Toribio-Warren, delivered the quarterly report to the board and reported that the Towns of Bell and Cable have both expressed interest in housing development. The housing authority has hired a full-time administrative assistant that has been beneficial in allowing Toribio- Warren to focus on other tasks. Toribio-Warren informed the board that the housing authority is in the process of applying for tax exemption status. An audit was recently conducted and the only finding pertained to separation of duties which Toribio-Warren explained is difficult with the limited staff. Silbert asked if the tax exemption would affect the amount of money the county receives from the housing authority. Toribio-Warren replied that the tax exemption would only apply to purchasing and not the funds that would go to the county. Discussion took place regarding the potential housing developments in the Towns of Bell and Cable. Consent Agenda: a) Bayfield County Resolution No. 2023-99; Tax Charge Backs: Year of 2023 – Town of Cable WHEREAS, the Bayfield County Board of Supervisors, has examined a report of the Bayfield County Treasurer setting forth the certain Tax Certificates now owned by Bayfield County. The legal description for said Tax Certificates are as follows: Town of Cable: Tax ID #9643; Par in SW NE in Doc 2021R-592370 (Lot 1 of CSM # 241 in V.3 P.12); Section 24 – Township 43N – Range 08W. Bayfield County acquired this property through foreclosure and was the owner of said property on 01/01/2022. Bayfield County is tax-exempt. The Face of the Certificate is $151.67; and, WHEREAS, this Tax Certificate is illegal and void in that said Certificate was issued on the tax exempt property, or property on which there was a double or incorrect description and for other reasons as set forth in said Treasurer’s Report and are not justly re-assessable; NOW, THEREFORE, BE IT RESOLVED, that the Bayfield County Board of Supervisors assembled this 31st day of October, 2023, authorizes that the amount of said illegal and void Tax Certificate is charged back to the respective towns, cities, or villages where in such lands are situated as follows: Town of Cable in the amount of $151.67. b) Confirming the Appointment of Paul Susienka to the Board of Adjustment as a Full Member c) Bayfield County Resolution No. 2023-100; 5 Bayfield County DNR Cost-Share Grant – Artesian Well Project WHEREAS, Bayfield County is interested in obtaining a cost-share grant from the Wisconsin Department of Natural Resources (DNR) for the purpose of protecting Bayfield County Artesian Wells; and, WHEREAS, Bayfield County applied for and received funding in 2022 that included an Artesian Well inventory and analysis and has now determined that a second application is warranted; and, WHEREAS, this application would help determine artesian well zone recharged rates, helping to protect existing flowing artesian wells; and, WHEREAS, Water resources are a top priority for the Bayfield County Board; and, WHEREAS, Protecting and ensuring natural resource conservation is a priority; and, WHEREAS, the respondent attests to the validity and veracity of the statements and representations contained in the application; and, WHEREAS, an Agreement/Contract is required to carry out the project; NOW THEREFORE BE IT RESOLVED, that the Bayfield County Board of Supervisors, assembled this 31st day of October, 2023 supports the submittal of a DNR Cost-Share Grant to further research Bayfield County Flowing Artesian Wells; and, BE IT FURTHER RESOLVED, that Bayfield County will meet the financial obligations necessary to fully and satisfactorily complete the project and hereby authorizes and empowers the following officials or employees to submit the following documents to the DNR for financial assistance that may be available; Task Title of Authorized Representative Email Address and Phone if Alternative is Used Sign and submit application County Admin Mark.abeles- allison@bayfieldcounty.wi.gov Enter into an Agreement/Contract with the DNR County Admin Mark.abeles- allison@bayfieldcounty.wi.gov Submit required reports to the DNR to satisfy the Agreement/Contract, as appropriate Land & Water Conservation Department Ben.dufford@bayfieldcounty.wi.gov Melissa.Kraft@bayfieldcounty.wi.gov Submit reimbursement request(s) to the DNR per the Agreement/Contract Land & Water Conservation Department Same as above Sign and submit other documentation as necessary to complete the project per the Agreement/Contract Land & Water Conservation Department Same as above BE IT FURTHER RESOLVED, that the respondent will comply with all local, state, and federal rules, regulations, and ordinances relating to this project and the cost-share Agreement/Contract. d) Bayfield County Resolution No. 2023-101; 6 Department of Human Services 2023 Budget Adjustments WHEREAS, adjustments to and transfers within the Department of Human Services 2023 budget are necessary to satisfy state statutes and accounting principles and to balance the Department’s budget; and, WHEREAS, the following budget adjustments increase the Department’s spending authority due to: required changes in accounting procedures required by the County’s auditor to account for purchases contracted by Bayfield County but paid by the state’s third-party administrator for the Children’s Long- Term Support (CLTS) Program and an unusually high number of incidents requiring mental health services and emergency detentions in 2023; and, WHEREAS, most of the additional expenses are offset by corresponding revenues; and, WHEREAS, DHS may need to access its Risk Reserve up to $100,000 to cover projected expenses in 2023, leaving a balance to the Risk Reserve of approximately $535,000; NOW THEREFORE BE IT RESOLVED, that the Bayfield County Board of Supervisors assembled this 31st day of October, 2023, does hereby approve the following 2023 budget line adjustments: Account Number Description Adjustments Revenue Adjustments 235-50-43560-998 HS, St / Fed Revenue, CLTS TPA Revenue $1,294,074 235-50-43560-107 BHP, St / Fed Revenue, CCS, EDS $250,000 235-50-49301 Transfer from Risk Reserve $100,000 Total $1,644,074 Expenditure Adjustments 235-55-54320-50290 AD, CLTS, Contractual Services $1,294,074 235-47-54311-50299 BHP, CCS, Direct Services $250,000 235-47-54310-50299 BHP, MH, Direct Services, MH Institution $234,450 235-55-54320-50299 AD, Family Care Payback ($134,450) Total $1,644,074 e) Bayfield County Resolution No. 2023-102; Request to Amend the Bayfield County Land & Water Conservation 2023 Budget WHEREAS, the Bayfield County Land and Water Conservation Department requests that their 2023 budget be amended as follows to reflect grant funding modifications; and, 7 WHEREAS, the Land & Water Conservation was awarded additional grant dollars from U.S. Fish and Wildlife Service after the 2023 budget was submitted; and, WHEREAS, the Land & Water Conservation was awarded a Jader Creek Culvert Replacement Project grant after the 2023 budget was submitted; and, WHEREAS, the Land & Water Conservation was awarded the 18-Mile Culvert Replacement Project grant after the 2023 budget was submitted; NOW, THEREFORE, BE IT RESOLVED, that the Bayfield County Board of Supervisors assembled this 31st day of October, 2023, approves the following budget amendments to reflect modifications to the grant: Increase Revenues: Jader Creek Culvert Replacement Grant 430-28-43274-104 by $123,200 18-Mile Culvert Replacement Grant 430-28-43274-105 by $ 5,495 Total Revenue: $128,695 Increase Expenses: Jader Creek Culvert Replacement Grant 430-28-57790-50290 by $123,200 18-Mile Culvert Replacement Grant 430-28-57790-50291 by $ 5,495 Total Expenses: $128,695 f) Bayfield County Resolution No. 2023-103; Request to Amend the Tourism 2023 Budget for Carryover Capital Project WHEREAS, the Bayfield County Tourism Department had funds budgeted in the 2022 capital budget for new carpet; and, WHEREAS, the project was delayed due to the courthouse HVAC project; and, WHEREAS, the carpet was replaced after construction was complete; and, WHEREAS, the Maintenance Department is paying for the cost difference between the actual cost and the budgeted amount in the Tourism capital budget; and, WHEREAS, the 2023 Bayfield County Tourism budget needs to be amended to reflect these revenues and expenses; NOW, THEREFORE, BE IT RESOLVED, that the Bayfield County Board of Supervisors assembled this 31st day of October, 2023, does hereby amend the Tourism budget to reflect the increase in revenues by $ 2,200 and the increase in expenditures by $ 2,200: Increase Revenue 100-00-49301 by $2,000 Increase Expense 100-23-55461-50820 by $2,000 g) Bayfield County Resolution No. 2023-104; 8 Request to Amend 2023 Bayfield County Fair Budget with Regard to the Compeer Facilities Upgrade Grant WHEREAS, Bayfield County applied for and has been awarded a Facilities Upgrade Grant from the Compeer Fund; and, WHEREAS, this project will address improvements to the Horse Barns, including repairs of stalls and airflow; and, WHEREAS, additional budget authority is required for these projects; NOW, THEREFORE, BE IT RESOLVED, that the Bayfield County Board of Supervisors assembled this 31st day of October, 2023, approves the following budget amendment to authorize revenues and expenditures necessary to facilitate the Horse Barn Improvements: Increase Revenue 100-23-48517 by $4,000 Increase Expense 100-23-55463-50350 by $4,000 Motion by Oswald, seconded by Sandstrom to adopt the consent agenda as presented. Roll Call Vote: Sandstrom-yes; Fickbohm-yes; Oswald-yes; Strand-yes; Milanowski-yes; Crandall-yes; Pocernich-yes; Dougherty-yes; Ray-absent; Silbert-yes; Rautio-yes; Rekemeyer-yes; Rondeau-absent. Motion carried, 11-0, 2 absent. Bayfield County Resolution No. 2023-105 Snowplow Awareness and Operator Appreciation WHEREAS, Bayfield County contains over 2,100 miles of roads; and, WHEREAS, snowplowing is a critical service to ensure that emergency services can safely travel as required, and that citizens are able to access work, school and necessary services; and, WHEREAS, County and Local Roadway maintenance, mechanic and support employees are dedicated to keeping roadways clear at all times of the year, but have additional burdens during the winter season; and, WHEREAS, Bayfield County reminds all persons to: • Be cautious when they encounter snowplows. • Know road conditions in front of snowplows are usually much worse. • Not pass a snowplow unless there is adequate room to do so safely. • Limit driving during bad weather to avoid becoming stuck or stalled in their vehicles. • Be aware that Wisconsin state law requires drivers to be at least 200 feet behind a working snowplow. • Please observe the Move Over Law and use caution when passing a working snowplow. They often create a cloud of snow that can obscure a driver's vision. NOW THEREFORE BE IT RESOLVED, that the Bayfield County Board of Supervisors assembled this 31st day of October, 2023, does hereby recognize the importance of the work of County and Local Roadway Maintenance Employees, Mechanics and Support Staff and thanks them for their efforts to keep County and Local Roadways safe during heavy snow events. Motion by Milanowski, seconded by Rautio to adopt Resolution No. 2023-105 Snowplow Awareness and Operator Appreciation. Motion carried, 11-0, 2 absent. 9 Bayfield County Amendatory Ordinance No. 2023-14 Amending Title 1 – Chapter 1 in the Bayfield County Code of Ordinances WHEREAS, Wisconsin Statutes §59.03(2) provides that, except as elsewhere specifically provided in the statutes, the board of any county is vested with all powers of a local, legislative and administrative character; and, WHEREAS, Wisconsin Statutes §59.02(2) permits the enactment of ordinances by the County Board of Supervisors; and, WHEREAS, Section 2-2-3, Code of Ordinances, Bayfield County, Wisconsin, authorizes County Board committees or individual supervisors to introduce proposed ordinances; and, WHEREAS, it is deemed to be in the best interest of Bayfield County that the Code of Ordinances, Bayfield County, Wisconsin, be further modified and amended in the manner hereinafter set forth; NOW THEREFORE BE IT RESOLVED, that the Bayfield County Board of Supervisors assembled this 31st day of October 2023, does hereby ordain as follows: AN ORDINANCE SECTIONS 1-1-6, OF THE CODE OF ORDINANCES, BAYFIELD COUNTY, WISCONSIN Section 1. Subsections (a) (1) and (2) of Section 1-1-6 [General Penalty] of Chapter 1 [Use and Construction] of Title 1 [General Provisions] of the Code of Ordinances, Bayfield County, Wisconsin is hereby “amended” to read as follows, with additional language highlighted by double underlining (additions) and with deletion highlighted by the strike- through feature (deletions): Sec. 1-1-6 General Penalty. (a) General Penalty. Except where a penalty is provided elsewhere in this Code, any person who shall violate any of the provisions of this Code shall upon conviction of such violation, be subject to a penalty, which shall be as follows: (1) First Offense--Penalty. Any person who shall violate any provision of this Code shall, upon conviction thereof, forfeit not less than Twenty-five Dollars ($25.00) nor more than One Ten Thousand Dollars ($10,000.00), together with the costs of prosecution and, in default of payment of such forfeiture and costs of prosecution, shall be imprisoned in the County Jail until such forfeiture and costs are paid, but not exceeding ninety (90) days. (2) Second Offense--Penalty. Any person found guilty of violating any ordinance or part of an ordinance of this Code who shall previously have been convicted of a violation of the same ordinance within five (5) years shall upon conviction thereof, forfeit not less than Fifty Dollars ($50.00) nor more than One Ten Thousand Dollars ($10,000.00) for each such offense, together with costs of prosecution and in default of payment of such forfeiture and costs shall be imprisoned in the County Jail until such forfeiture and costs of prosecution are paid, but not exceeding six (6) months. 10 Motion by Strand, seconded by Oswald to adopt Amendatory Ordinance No. 2023-14 Amending Title 1 – Chapter 1 in the Bayfield County Code of Ordinances. Motion carried, 11-0, 2 absent. Bayfield County Resolution No. 2023-106 Authorizing Fee Increases in the Sheriff’s Office WHEREAS, the Bayfield County Sheriff’s Office has a duty to serve civil process as required by Wisconsin Statute 59.27 (4); and, WHEREAS, Wisconsin State Statute 814.70 requires that the sheriff collect fees for this service; and, WHEREAS, Wisconsin State Statute 814.705 allows the county board to establish a higher fee than set in the statute; and, WHEREAS, the current revenue collection is based on a fee schedule set in 2005; and, WHEREAS, the revenue generated for providing this service is not sufficient to offset the expenses currently incurred to provide civil process service; and, WHEREAS, the Bayfield County Sheriff’s Committee has reviewed the proposed fee structure and agrees with the suggested change; NOW THEREFORE BE IT RESOLVED, that the Bayfield County Board of Supervisors assembled this 31st day of October, 2023, does hereby authorize the Bayfield County Sheriff’s Office to raise the fees for civil process to: • $75 for civil process services to include 3 attempts of service per person (additional attempts requested will be charged at $25 per attempt). • $0.25 cents per page for paper services printed by Sheriff’s Office. • Each additional person at same address for same service will be $30 per person. • Require pre-payment of $75 for private individuals. Will continue to invoice law firms, businesses, and other agencies. • Writs of Restitution/Assistance- $75 with 2 deputies up to 0.5 hour. Any additional time will be billed at $75/hour per deputy. If plaintiff asks the Sheriff’s Office to remove respondent/property, then a pre-payment of $1,500 will be required. Refund will be issued for unused funds. • Writs of Replevin/Execution Against Property $150. Any additional time after the first hour will be billed at $75/hour per deputy. Motion by Oswald, seconded by Fickbohm to adopt Resolution No. 2023-106 Authorizing Fee Increases in the Sheriff’s Office. Motion carried, 11-0, 2 absent. Bayfield County Amendatory Ordinance No. 2023-15 Amending Title 9 – Chapter 2 Bayfield County, Wisconsin WHEREAS, Bayfield County Health is an agent of the Wisconsin Department of Safety and Professional Services (DSPS) and Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) programs; and, WHEREAS, Chapter 66 Sections 66.0417, Chapter 93 Sections 93.06(14) and Chapter 97 of the Wisconsin State Statutes authorize Bayfield County Health Department as the designated agent for 11 DATCP for the purpose of establishing annual fees; issuing permits; conducting routine sampling; inspecting or investigating food service establishments, retail food establishments, lodging, pools, campgrounds, recreational and/or educational camps, and food vending; and, WHEREAS, Sections 463.10, 463.12, 463.16, and 463.18 of the Wisconsin Statutes authorize Bayfield County Health Department as the designated agent for the Department of Safety and Professional Services (DSPS) for the purpose of establishing permit fees; issuing permits, conducting routine inspections of tattooing and body art establishments and practitioners; enforcing State Law governing these establishments; and enactment of local regulations governing these establishments which may be stricter than State Law; and, WHEREAS, Bayfield County Health Department is legally bound to abide with DSPS and DATCP program standards; and, WHEREAS, we participate in an audit with the DATCP program every three years; and, WHEREAS, we have received guidance from the DATCP agency to regularly review and revise our ordinance to align with our DATCP contract; and, WHEREAS, the Title 9 – Chapter 2 “Lodging, Recreation Establishment, Food Protection, and Tattoo and Body Piercing Establishments” Ordinance language should be consistent with procedures and definitions outlined in Wisconsin State Statute; and, WHEREAS, the appeal rights language has changed in Wisconsin State Statutes; and, WHEREAS, the Bayfield County Health Department pays a certain percentage of all license fees back to the DSPS and DATCP programs as agency fees each year; and, WHEREAS, the percentage of agency fees has historically been set at ten (10) percent; and, WHEREAS, that fee will incrementally increase up to twenty (20) percent over the next several years; and, WHEREAS, Bayfield County Health Department program costs have been increasing over the past several years, including travel, staff and other program costs; and, WHEREAS, this ordinance has removed the Reference Document A – Environmental Health Fee Schedule so that future adjustments may be made as needed; and, WHEREAS, any fee increases level with State fee increases will be approved by the Board of Health; and, WHEREAS, any other fee adjustments will require Board of Health recommendation and County Board of Supervisors approval; and, WHEREAS, the proposed changes will go into effect immediately; NOW THEREFORE BE IT RESOLVED, that the Bayfield County Board of Supervisors assembled this 31st day of October 2023, does hereby ordain as follows: AN ORDINANCE AMENDING TITLE 9 – CHAPTER 2, BAYFIELD COUNTY WISCONSIN 12 Sec. 9-2-1: Authority and Purpose This Chapter is adopted pursuant to the authority provided by Wisconsin Statutes Chapter 97 Food, Lodging and Recreation, to protect and improve public health. Sections 66.0417, Chapter 93.06(14), and Chapter 97 of the Wisconsin Statutes authorize Bayfield County Health Department to be designated as an Agent of the State Department of Agriculture, Trade, and Consumer Protection (DATCP) for the purpose of establishing annual fees; issuing permits; conduct routine sampling; inspecting or investigating food service establishments, retail food establishments, lodging, pools, campgrounds, recreational and/or educational camps, and food vending. Sections 463.10, 463.12, 463.16, and 463.18 of the Wisconsin Statutes authorize Bayfield County Health Department as the designated agent for the Department of Safety and Professional Services (DSPS) for the purpose of establishing permit fees; issuing permits; conducting routine inspections of tattooing and body art establishments and practitioners; enforcing State Law governing these establishments; and enactment of local regulations governing these establishments which may be stricter than State Law. Sec. 9-2-2: Applicability The provisions of this Chapter shall apply to the owner, operator, or person in charge of any and all food service establishments, retail food establishments, hotels, motels, bed and breakfasts, tourist rooming houses, campgrounds, recreational camps, educational camps, public pools, food vending machines and food vending commissaries, tattooing establishments and practitioners, and body piercing establishments and practitioners in all areas of Bayfield County. Sec. 9-2-3: Definitions The following definitions shall be applicable in this Chapter: (a) Statutory Definitions. In addition to those definitions set forth expressly hereinafter, all definitions set forth in Wisconsin Statutes, Section 66.0417, 463 and Chapter 97, ATCP 72, 73, 74, 75 and Appendix, 76, 78, 79, and SPS 221 Wisconsin Administrative Code, are incorporated herein by reference and they shall be construed, read, and interpreted as if set forth herein until amended and then shall apply as amended. The definitions are set forth in Wisconsin Statutes, Section 66.0417, 463 and Chapter 97, ATCP 72, 73, 74, 75 and Appendix, 76, 78, 79, SPS 221 and SPS 390 of the Wisconsin Administrative Code, are incorporated herein by reference and they shall be construed, read, and interpreted as if set forth herein until amended and then shall apply as amended. (b) Annual Fee. A fee for on-site visits to determine that establishments identified in this Chapter are compliant with the statutes and administrative codes that govern their operation. (c) Bed and Breakfast Establishment. Means any place of lodging that provides 8 or fewer rooms for rent to no more than a total of 20 tourists or other transients for more than 10 nights in a 12-month period, is the owner's personal residence, is occupied by the owner at the time of rental, and in which the only meal served to guests is breakfast. (d) Body-piercing Establishment. Means the premises where a body piercer performs body piercing. (e) Campground. "Campground" means a parcel or tract of land owned by a person, the state or a local government, which is designed, maintained, intended or used for the purpose of providing camp sites offered with or without charge, for temporary overnight sleeping accommodations. 13 (f) Priority Items. A provision in ATCP 75 whose application contributes directly to the elimination, prevention or reduction to an acceptable level, hazards associated with foodborne illness or injury and there is no other provision that more directly controls the hazard, and is denoted in the Wisconsin Food Code with a superscript “P.” (g) Food Service Establishment. Any building, room or place at which the predominant activity is the preparation, service, or sale of meals to transients or the general public, including all places used in connection with it and including any public or private school lunchroom for which food service is provided by contract. "Meals" does not include soft drinks, ice cream, milk, milk drinks, ices and confections. “Food Service Establishment” does not apply to: (1) Taverns that serve free lunches consisting of popcorn, cheese, crackers, pretzels, cold sausage, or peanuts, cured fish or bread and butter. (2) Churches, religious, fraternal, youth, or patriotic organizations, service clubs and civic organizations which occasionally prepare, serve, or sell meals to transients or the general public. (3) Any public or private school lunchroom for which food service is directly provided by the school or a private individual selling foods from a movable or temporary stand at public farm sales. (4) Any bed and breakfast establishment that serves breakfast only to its lodgers. (5) The serving of food or beverage through a license vending machine. (6) Any college campus, as defined in s. 36.05 (6m), institution as defined in s. 36.51 (1) (b) or technical college that serves meals only to the students enrolled in the college campus, institution or school or to authorized elderly persons under s. 36.51 or 38.36 (7) A concession stand at a locally sponsored sporting event, such as a little league game. (8) A potluck event. (h) Health Department. The Bayfield County Health Department. (i) Hotel/Motel. "Hotel" means a place where sleeping accommodations are offered for pay to transients, in 5 or more rooms, and all related rooms, buildings and areas. "Motel" means a hotel that furnishes on-premises parking for motor vehicles of guests as part of the room charge, without extra cost, and that is identified as a "motel" rather than a “hotel" at the request of the operator. (j) Late Fee. Shall mean a fee for failure to pay established or assessed fees in a timely manner. This refers to any fee not postmarked by the end of the two-week grace period July 15th. (k) Occasionally. Not more than three days during any 12-month period. (l) Pool. Means a structure, basin, chamber, or tank, and appurtenant buildings and equipment, used for wading, swimming, diving, water recreation, or therapy. Types of pools include pools used for swimming, combination pools, diving pools, exercise pools, experiential pools, mobile pools, therapy pools, wading pools, whirlpools, and cold soak pools. (m) Pre-inspection fees. A fee for plan review or change of ownership of an existing establishment offered within a six-month period from the date of permit application and prior to the issuance of a permit to persons intending to operate an establishment as defined in Section 9-2-1 of this Chapter. (n) Recreational Educational Camp. Means a premises, including temporary and permanent structures, that is operated as an overnight living quarters where both food 14 and lodging or facilities for food and lodging are provided for children or adults or both children and adults for a planned program of recreation or education, and that is offered free of charge or for payment of a fee by a person or by the state or a local unit of government. "Camp" does not include any of the following: (1) An overnight planned program of recreation or education for adults or families at an establishment holding a current hotel or motel or restaurant permit. (2) An overnight planned program of recreation or education for less than 4 consecutive nights and without permanent facilities for food and lodging. (3) An overnight planned program for credit at an accredited academic institution of higher education. (4) A tournament, competition, visitation, recruitment, campus conference or professional sports team training camp. (o) Re-inspection Fees. A fee for any subsequent inspections necessary to achieve compliance with the statutes and administrative codes that govern operation of the establishment or practitioner. The re-inspection fees established are as set forth on a fee schedule, which is incorporated herein by reference as Reference Document A, Environmental Health License Fee Schedule. (p) Retail Food Establishment means a permanent or mobile food processing facility where food processing is conducted primarily for direct retail sale to consumers at the facility, a mobile facility from which potentially hazardous food is sold to consumers at retail or a permanent facility from which food is sold to consumers at retail, whether or not that facility sells potentially hazardous food or is engaged in food processing. “Retail food establishment” includes a restaurant or temporary restaurant, but does not include an establishment holding a license under s.97.605, to the extent that the activities of the establishment are covered by that license. (q) Tattoo establishment means the premises where a tattooist applies a tattoo to another person. (r) Temporary Permit Suspension. The revocation of a permit for a time period set for no less than twenty-four hours and no greater than one week as determined by the Health Officer or his/her designee. (s) Temporary Restaurant or Temporary Retail Food Establishment shall mean a restaurant or retail food establishment that operates at a fixed location in conjunction with a single event such as a fair, carnival, circus, public exhibition, anniversary sale, or occasional sales promotion. Mobile establishments of this type which conduct business in the jurisdiction of Bayfield County, that are licensed outside of the area of jurisdiction, will be inspected and charged an inspection fee. (t) Tourist Rooming House means all lodging places and tourist cabins and cottages, other than hotels and motels, in which sleeping accommodations are offered for pay to tourists or transients. It does not include private boarding or rooming houses not accommodating tourists or transients, or bed and breakfast establishments regulated under Ch. ATCP 73. Sec. 9-2-4 License and Permit (a) No person shall operate a food service establishment, a retail food establishment, hotel, motel, bed and breakfast, tourist rooming house, campground, recreational or educational camp, public pool, tattooing establishment, or body piercing establishment without first obtaining a non-prorated permit from the Health Department. Permits shall be issued on an annual basis, commencing with July 1 and ending on the following 15 June 30th. Each such permit shall expire on June 30th of each year following their issuance except that permits initially issued during the period beginning on April 1 and ending June 30th shall expire June 30th of the following year. The issuance of a permit may be conditioned upon the owner or operator correcting a violation of this Chapter within a specified time frame to be determined by the Health Department. If the condition is not met within the specified time, the permit shall be voided. With the exception of 9-2-4(a)(1) and 9-2-4(a)(2), the permit shall not be transferable to another location or operator. (1) As to location, a temporary permit is required for special events and may be subject to approval by the Health Department prior to operating at the new premises. (2) No person shall operate a temporary or mobile retail food establishment without obtaining an inspection from the Health Department and paying the inspection fee with the exception of: (a) A temporary retail food establishment that has obtained a permit from the Health Department to operate. (3) A permit may be transferred to an individual who is an immediate family member of the operator. A parent, child, stepchild, spouse, grandparent, grandchild, sibling or stepsibling shall be considered an immediate family member for purposes of this Chapter. Permits for body art establishments are not transferable to an immediate family member. A new and separate license shall be issued. (b) No permit shall be granted to any person under this Chapter without a pre-inspection by the Health Department of the premises for which the permit is requested. (c) No permit shall be issued or renewed until all application fees, inspection fees, re- inspection fees, late fees, violation penalty forfeitures, and citations for violations of this Chapter have been paid. Sec. 9-2-5 Application Applications for permits shall be made in writing to the Bayfield County Health Department on forms developed and provided by the Health Department stating the name and address of the proposed applicant and operator, and such other information as may be required. The Health Department shall either approve or deny the application within thirty (30) days after receipt of a complete application. Sec. 9-2-6 Fees Fees for the issuance of permits, the conducting of investigations, inspections, training and technical assistance to establishments covered pursuant to this Chapter are hereby established pursuant to this Chapter, subject to amendment, from time to time, upon the recommendation of the Bayfield County Board of Health and approval of the County Board of Supervisors. In addition, separate pre-inspection fees are hereby established with respect to new establishments or existing establishments that have been transferred to a new owner. The fees established are as set forth on a fee schedule in Reference Document A. The fees include any corresponding State fees, which shall be paid to the State by the County when collected. If any State fee is increased, the Board of Health may increase the corresponding fee under Reference Document A by the same amount without County Board approval. Fee increases greater than the State fee increases are subject to recommendation from the Bayfield County Board of Health and approval of the County Board of Supervisors. Sec. 9-2-7 Public Display of Permits and Food Manager Certifications 16 Every licensed establishment shall display at all times and in public view, the permit of the establishment and any Food Manager Certifications. Sec. 9-2-8 Enforcement (a) The provisions of this Chapter shall be administered by or under the direction of the Health Officer of the Health Department, who in person or by duly authorized representatives, shall have the right to enter, at reasonable hours, upon premises affected by this regulation to inspect the premises, secure samples or specimens, examine and copy relevant documents and records, or obtain photographic or other evidence needed to enforce this Chapter. (b) The Health Officer and his/her designee(s) may issue citations for violations of this Chapter pursuant to the Bayfield County Citation Ordinance. In the event the position of the Health Officer is vacant, personnel designated by the Board of Health may assume his/her authority under this Chapter. (c) Permits issued by the Health Department pursuant to this Chapter may be temporarily suspended for a violation of any provisions hereof or the State Statutes or Administrative Code provisions adopted by reference herein, if the Health Department determines that an immediate danger to health exists. (d) Continuing or flagrant violations of this Chapter shall also be subject to the following enforcement procedures: (1) If critical violations of this Chapter are not corrected at the time of inspection or if three or more critical violations are discovered during an inspection, or if the same critical violations are observed on two or more consecutive inspections, then a re-inspection shall be conducted. (2) If any repeat critical violations of this Chapter exist at the time of re-inspection, a re-inspection shall be conducted and the re-inspection fees established are as set forth on a fee schedule, which is incorporated herein as Reference Document A and shall be assessed on the legal licensee of the establishment. (e) The following procedure shall be followed in the denial, suspension or revocation of any License issued under this article: (1) A decision by The Health Officer and his/her designee(s) to deny, suspend or revoke a License shall be in writing and shall state, with specificity, the reasons for the Health Officer's decision and shall state any and all applicable statutes, ordinances, rules, regulations or orders which may have been violated. The Health Officer and his/her designee(s) shall send to the Licensee copy of the written decision as required by this article. Said notice shall inform the Licensee or applicant of the right to have the decision reviewed and a summary of the procedure for such review required by this article. (2) A Licensee aggrieved by a decision of The Health Officer and his/her designee(s) to deny, suspend or revoke a License must send a written Request for Review and Reconsideration to the Health Officer within ten working days of receipt of the notice of The Health Officer and his/her designee(s) decision. The Request for Review and Reconsideration shall state the grounds upon which the Person or Licensee aggrieved contends that the decision should be reversed or modified. (3) Within ten working days of receipt of the Request for Review and Reconsideration the Health Officer and his/her designee(s) shall review its initial determination. The Health Officer may affirm, reverse or modify the initial determination. The Health Officer and his/her designee(s) shall mail or deliver to 17 the Licensee or applicant a copy of The Health Officer and his/her designee(s) decision on review, and shall state the reasons for such decision. The decision shall advise the Licensee or applicant of the right to appeal the decision by filing a notice of appeal, the time within which appeal shall be taken and the office or person with whom notice of appeal shall be filed. (4) A Licensee or applicant who wishes to appeal a decision made by the Health Officer and his/her designee(s) on review must file a notice of appeal within ten days of receipt of the Health Officer’s and his/her designee(s) decision on review. The notice of appeal shall be filed or mailed to the Health Officer and his/her designee(s). The Health Officer and his/her designee(s) shall immediately file said notice of appeal with the County Board of Health. (5) A Licensee or applicant shall be provided a hearing on appeal within 30 days of receipt of the notice of appeal. The Health Officer and his/her designee(s) shall serve the Licensee or applicant with notice of hearing by mail or personal service at least five days before the hearing. (6) The hearing shall be conducted before the County Board of Health and shall be conducted in accordance with the procedures outlined in Wisconsin Stats. §68.11(2) and (3), §66.0417, §97.615 (2) (g) and in conformance with §227.51. (7) Within 15 days of the hearing, the County Board of Health shall mail or deliver to the Licensee or applicant the County Board of Health’s written determination stating the reasons for its decision. Sec. 9-2-9 Regulations, Rules and Laws Adopted by Reference The applicable laws, rules and regulations as set forth in Sections 66.0417, Chapter 93.06 (14), and Chapter 97 of the Wisconsin Statutes, and Chapters ATCP 72, 73, 75 and Appendix, 76, 78, 79, and SPS 221, and SPS 390 of the Wisconsin Administrative Code are incorporated in this regulation by reference and they shall be construed, read, and interpreted, as fully set forth by reference and they shall be construed, read, and interpreted as fully set forth herein until amended and then shall apply as amended. The express provisions of this Chapter shall control where more restrictive. Sec. 9-2-10 Violation-Penalties Any person who violates or refuses to comply with any provisions of this Chapter shall be subject to a forfeiture of not less than One Hundred Dollars ($100) and not more than One Thousand Dollars ($1,000) for each offense. Each day a violation exists or continues may be considered a separate offense. Where appropriate, injunctive relief may be sought by the Health Department. Environmental Sanitarian, Anne-Marie Coy, reported that an audit was conducted, and it was recommended that the definitions listed in the ordinance be removed and replaced with language referencing the state statutes. It was also noted that the ordinance was missing appeals process language that references state statutes and Wisconsin administrative code. The amendatory ordinance would also remove the environmental health fee schedule from the ordinance. Motion by Oswald, seconded by Silbert to adopt Amendatory Ordinance No. 2023-15 Amending Title 9 – Chapter 2 Bayfield County, Wisconsin. Motion carried, 11-0, 2 absent. Bayfield County Resolution No. 2023-107 Bayfield County Support and Financial Contribution Towards the Wisconsin Public Service Commission Capital Projects Fund, Broadband Infrastructure Grant Program in Bayfield County 18 WHEREAS, Bayfield County is a strong supporter of Broadband Expansion and has shown its support as an early adopter of state broadband initiatives; and, WHEREAS, Broadband service is lacking in many rural areas creating hardships for Bayfield County residents; and, WHEREAS, the Wisconsin Capital Projects Funds can help support critical infrastructure needs in Bayfield County, improving service to over 1150 home sites; NOW THEREFORE BE IT RESOLVED, that the Bayfield County Board of Supervisors assembled this 31st day of October, 2023, hereby supports broadband infrastructure development; and, BE IT FURTHER RESOLVED, that Bayfield County endorses an application by Norvado for Washburn Phase 2, Bayfield Township and White River North projects as shown below; and, 19 20 BE IT FURTHER RESOLVED, that Bayfield County commits $5,000 towards these three initiatives; and, BE IT FURTHER RESOLVED, that a budget amendment identifying the source of the funds will be prepared if the grant is awarded. Discussion took place regarding the project boundary lines. Motion by Oswald, seconded by Milanowski to adopt Resolution No. 2023-107 Bayfield County Support and Financial Contribution Towards the Wisconsin Public Service Commission Capital Projects Fund, Broadband Infrastructure Grant Program in Bayfield County. Motion carried, 11-0, 2 absent. Comprehensive Plan Committee Resolution No. Comp-2023-01 Setting a Comprehensive Planning Public Hearing: Abeles-Allison clarified that the resolution was already adopted by the Comprehensive Planning Committee and the following resolution will reconfirm that the public hearing date for the Comprehensive Plan will be set for November 14, 2023. Bayfield County Resolution No. 2023-108 Regarding Setting Public Hearing for Bayfield County Comprehensive Plan 2023-2043 WHEREAS, §66.1001(4), Wisconsin Statutes, establish the required procedure for a local government to adopt a comprehensive plan, and §66.1001(2) identifies the required nine elements of a comprehensive plan; and, WHEREAS, the Bayfield County Comprehensive Planning Committee has the authority to recommend that the County Board adopt a "comprehensive plan" under §66.1001(4)(b); and, WHEREAS, the County has prepared the Bayfield Comprehensive Plan 2023-2043, containing all maps, approved comments and changes, and other descriptive materials, to be the comprehensive plan for Bayfield County under §66.1001, Wisconsin Statutes; NOW THEREFORE BE IT RESOLVED, that the Bayfield County Board of Supervisors assembled this 31st day of October 2023, sets a public hearing for November 14, 2023 at 6:00 p.m. to consider the Recommended Plan of the Bayfield County Comprehensive Plan Committee. Motion by Sandstrom, seconded by Strand to adopt Resolution No. 2023-108 Regarding Setting Public Hearing for Bayfield County Comprehensive Plan 2023-2043. Motion carried, 11-0, 2 absent. Increasing Guardian Ad Litem Attorney Wage by $25: Abeles-Allison stated that it has been increasingly difficult to hire attorneys and Corporation Counsel has recommended increasing the Guardian Ad Litem Attorney Wage by $25. Motion by Silbert, seconded by Fickbohm to approve increasing the Guardian Ad Litem Attorney Wage by $25. Roll Call Vote: Dougherty-yes; Ray-absent; Oswald-yes; Sandstrom-yes; Fickbohm-yes; Silbert-yes; Pocernich-yes; Rondeau-absent; Crandall-yes; Rautio-yes; Milanowski-yes; Rekemeyer-yes; Strand-yes. Motion carried, 11-0, 2 absent. Federal Grant Process and Procedures: Abeles-Allison reviewed the proposed policy with the board. Motion by Crandall, seconded by Sandstrom to approve the federal grant process and procedures policy as presented. Motion carried, 11-0, 2 absent. Board Member Attendance Policy in Closed Session: Abeles-Allison stated that the current policy does not allow remote attendance during closed session. After conducting a poll of other counties, several counties do allow remote attendance in closed session. Abeles-Allison reviewed ordinance language adopted by Dunn County with the board and explained that Corporation Counsel has also reviewed the language and is comfortable with the language. Strand stated that the board trusts those that attend closed session in-person to keep anything discussed confidential and explained that the same 21 level of trust should be given to those that attend remotely. Discussion took place regarding remote attendance in closed session. Consensus of the board is to add the item to the following agenda as an amendatory ordinance. Chairman Pocernich told the board that he is an advocate for non-committee members to attend meetings for other committees and stated it has been brought to his attention that board members that attend meetings for committees they are not part of, the per diem should be charged to County Board. Chairman Pocernich continued stating he still strongly recommends board members to attend other committee meetings. Reports: a) Future County Board Meeting Dates: a. November 14, 2023 (statutory requirement) b. December – no meeting c. January 30, 2024 d. February 27, 2024 b) Project Updates: Abeles-Allison report that the Courthouse HVAC project is wrapping up and the electronic door locks and alarms are being finalized. 7:09 p.m. – Chairman Pocernich moved to item 29 on the agenda. 7:11 p.m. – Rekemeyer left the meeting. 7:12 p.m. – Ray joined the meeting. Bayfield County Resolution No. 2023-110 Recognizing Washburn Boys Soccer Team for Making it to the State Championship WHEREAS, the Washburn Castle Guards Soccer Program has had decades of success and is one of the premiere high school soccer programs in Northern Wisconsin; and, WHEREAS, the Washburn Castle Guards Soccer Program has produced numerous successful athletes; NOW, THEREFORE, BE IT RESOLVED, that the Bayfield County Board of Supervisors assembled this 31st day of October, 2023, recognizes, commends and congratulates the Washburn High School 2023 Boys Soccer Team for making it to the State Championship. Oswald stated that this is the first time in the program’s history that the team has made it to the State Championship. Motion by Oswald, seconded by Sandstrom to adopt Resolution No. 2023-110 Recognizing Washburn Boys Soccer Team for Making it to the State Championship. Motion carried, 11-0, 2 absent. Supervisory Reports: Chairman Pocernich dispensed with this item due to time constraints of the meeting. Closed Session: Motion by Crandall, seconded by Milanowski to enter Executive/Closed Session at 7:11 p.m. Motion carried, 11-0, 2 absent. Discussion took place regarding the Closed Session Minutes from September 26, 2023, TEAMSTER Union Contract, Northern Lights, Business Park Land Sale, Department Head Appointment Confirmations for Child Support and Public Health Departments, Evers V. LCO Tax Lawsuit, and Cooperative Law Enforcement Services Between the Bayfield County Sheriff’s Office and the Red Cliff Tribe. 22 There being no further business to conduct in Executive/Closed Session, a motion was made by Milanowski, seconded by Crandall to return to Open Session at 8:34 p.m. Motion carried, 10-1, 2 absent. Bayfield County Resolution No. 2023-109 Cooperative Law Enforcement Services Between the Bayfield County Sheriff’s Office and the Red Cliff Tribe WHEREAS, the Red Cliff Band of Lake Superior Chippewa Indians is a federally recognized Indian Tribe, organized under a Constitution adopted August 25, 1938, and approved on November 9, 1938, pursuant to section 16 of the Indian reorganization Act; and WHEREAS, the Tribal and Bayfield County Law Enforcement Agencies have had a history of cooperation in striving to meet the Red Cliff Community’s law enforcement needs; and WHEREAS, Wisconsin Statute 165.90 provides for the establishment of cooperative law enforcement efforts between County and Tribal Law Enforcement Agencies; and WHEREAS, County and Tribal Law Enforcement Officials have worked together to develop the Fiscal Year 2023 County-Tribal Law Enforcement (CTLE) Plan and grant application; NOW, THEREFORE, BE IT RESOLVED, that the Bayfield County Board of Supervisors assembled this 31st day of October, 2023, does hereby encourage continued cooperation between the County and Tribal Law Enforcement Agencies and approve the 2024 County-Tribal Law Enforcement Plan and Grant Application. After discussion and amendment a motion was made by Crandall, seconded by Fickbohm to adopt Resolution No. 2023-109 Cooperative Law Enforcement Services Between the Bayfield County Sheriff’s Office and the Red Cliff Tribe with the following conditions to be added to the 2024 County-Tribal Law Enforcement Plan “100% of funds will go to the Red Cliff Tribe in 2024 with Bayfield County being designated as the grant recipient and, in 2025 and 2026, Bayfield County will receive 25% of funds and the Red Cliff Tribe shall receive 75% of funds.” Roll Call Vote: Sandstrom-no; Dougherty-yes; Fickbohm-yes; Ray-yes; Oswald-yes; Silbert-no; Strand-yes; Rautio-yes; Milanowski-no; Rekemeyer- absent; Crandall-yes; Pocernich-yes; Rondeau-absent. Motion carried, 8-3, 2 absent. Adjournment: There being no further business to come before the Bayfield County Board of Supervisors, Chairman Pocernich adjourned the meeting at 8:36 p.m. Respectfully submitted, LYNN M. DIVINE Bayfield County Clerk LMD/pat