HomeMy WebLinkAboutCounty Board of Supervisors - Minutes - 10/31/2023
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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.
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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,
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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
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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;
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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;
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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,
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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;
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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.
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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.
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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
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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
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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.
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(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
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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
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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
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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
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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
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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,
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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
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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.
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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