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Home My WebLink AboutCounty Board of Supervisors - Minutes - 1/30/2024 1 Bayfield County Clerk Lynn M. Divine, County Clerk Jeran Delaine, Deputy Clerk Alannah Belanger, Clerk I 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 January 30, 2024 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 6:01 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; Larry Fickbohm- absent; Charly Ray- absent; Jeremy Oswald- present; Jeff Silbert- present; Fred Strand- present; John Rautio- present; Marty Milanowski- present; Madelaine Rekemeyer- present; Jim Crandall- present; Brett Rondeau- absent; Dennis Pocernich- present. Total: 10 Present, 3 absent. A quorum was present to conduct business. Others Present: Mark Abeles-Allison, County Administrator; Lynn Divine, County Clerk; Kim Mattson, Finance Director; Alannah Belanger, Clerk I; Jason Bodin, Forestry and Parks; Ruth Hulstrom, Planning and Zoning; Ian Meeker, UW Extension; Kelly Westlund, UW Extension; Meagan Quarderer, Emergency Management; Jennifer Toribio-Warren, City of Washburn Housing Authority; Ben Popp, Birkibeiner Executive Director; Barb Flynn, Criminal Justice; Judge John Anderson; Kim Lawton, D.A.; Jody Heffner; Dan Heffner; Lynne Van Hollen; Ruth Kressel; Tony Budreau; Krista Grande; Andy and Ashley Mika; Jeff Olsen; John Nyara; Jan Lee and Sue Rosa. Pledge of Allegiance: The Pledge of Allegiance was recited by all in attendance. Public Comment: The following County Board Supervisor candidates introduced themselves: John Nyara – candidate for District 5; Sue Rosa – candidate for District 13; Jan Lee – candidate for District 5 and Jeff Olsen – candidate for District 6. Sam Tuttle introduced himself as a candidate for the 2024 Local Government Scholarship. Attending a municipal and county board meeting is part of the requirements to obtain the funds. Sam attended the Drummond Town Meeting in December. His goal is to attend Iowa State University in the field of turf best practices with the intent to manage athletic fields in the future. Minutes from November 14, 2023, and December 12, 2023: Motion by Milanowski to approve the November 14, 2023, and December 12, 2023, Minutes, seconded by Silbert. Motion carried, 10-0, 3 absent. Bayfield County Resolution No. 2024-01; In Recognition of District Attorney, Kim Lawton, In Receipt of the WDAA 2023 Award: WHEREAS, the Wisconsin District Attorney’s Association (WDAA), an association representing over 400 criminal prosecutors in the State of Wisconsin recognized Bayfield County 2 District Attorney Kim Lawton as the “2023 District Attorney of the Year” for her outstanding work; and, WHEREAS, She was nominated by Marathon County ADA Elizabeth Gerbert, Marathon County DA Theresa Wetzsteon, and Outagamie County DA Mindy Tempelis for her efforts as a devoted prosecutor, for standing up for what is right even in the face of adversity; they describe her as someone who shares her positivity and laughter as well as her understanding and moral outrage whenever and with whomever needs it; and, WHEREAS, She is an outstanding role model and supervisor and Bayfield County is incredibly fortunate to have such a fierce and dedicated District Attorney; NOW, THEREFORE BE IT RESOLVED, that the Bayfield County Board of Supervisors assembled this 30th day of January, 2024, recognizes District Attorney, Kim Lawton for commitment and service as the Bayfield County District Attorney and hereby commends her on her receipt of the Wisconsin District Attorney’s Association (WDAA) 2023 District Attorney of the Year Award. Judge Anderson praised Kim for her services, her ability to think out-of-the-box and indicated that she greatly deserves the recognition. Motion by Crandall to approve Bayfield County Resolution No. 2024-01, seconded by Dougherty. Motion carried, 10-0, 3 absent. Kim Lawton stated that she could not have achieved this award on her own and that it is through the team efforts of her staff and the departments they work with that this recognition was possible. She also thanked the board for creating this resolution. Bayfield County Resolution No. 2024-02; Retirement of Cathy Miller. In Recognition and Appreciation of Cathy Miller for 19 Years of Commitment and Service in the Bayfield County Sheriff’s Office: WHEREAS, Cathy Miller has served Bayfield County with distinction, honor and dedication in the Bayfield County Sheriff’s Office for 19 years, NOW, THEREFORE BE IT RESOLVED, that the Bayfield County Board of Supervisors assembled this 30th day of January, 2024, honors Cathy for her 19 years of public service to Bayfield County and expresses gratitude for her efforts, wishing her well in the years ahead. Cathy Miller was not present. Motion by Oswald to approve Bayfield County Resolution 2024- 02, seconded by Silbert. Motion carried, 10-0, 3 absent. Telemark Birkiebeiner Development Presentation, Ben Popp, Executive Director: Ben Popp provided a history and update on the development progress and stated that they hope there will be 15,000 skiers at the 50th Anniversary of the Birkiebeiner this year. Ben stated that in the last 18 months they have been able to create sustainable recreation on 820 acres that includes 14 miles of bike trails, a community fitness park, nature trail, observation towers and a variety of different camps for adults and youth. Ben shared that a future goal is to create a biathlon, along with completing construction on a new building to offer, but not limited to, a coffee shop, bike repairs and rentals. 3 Youth Governance Presentation: Ian Meeker provided an update that he is evaluating ways to get our youth population to the table to learn more about our local government and getting involved with politics. Ian stated that it is a slow start but there are a number of students that meet every other week that have shown interest in Natural Resources and Human Services. Ian shared that the next steps are to get students set up with mentors and possibly have them attend future committee and county board meetings. Both Jeff Silbert and Steve Sandstrom spoke on the importance of getting the youth involved in local politics and believe it will be good to see youth representatives at meetings in the future. Consent Agenda: a) Bayfield County Resolution No. 2024-03; Supporting and Authorizing Matching Funds for Bayfield County “RAISE” Grant Project on County Highways A & N WHEREAS, Bayfield County maintains 172 miles of county highways; and, WHEREAS, Forestry is a critical industry for Bayfield County; and, WHEREAS, Bayfield County annually places road weight limit restrictions on county highways during the spring break-up to protect roads which negatively impact the ability of the logging industry to access and transport forest products; and, WHEREAS, County Highways A and N provide access to thousands of acres of forestland that supplies timber for forest products; and, WHEREAS, County Highways A and N are used by local industry; and, WHEREAS, Bayfield County uses highways for multi modal purposes with County Highway A designated as a bike route and County Highway N designated as an ATV route; and, WHEREAS, funding for highways is important. Scarce resources make funding difficult. Bayfield County has annually dedicated additional resources to highway projects but does not have the ability to contribute to fund this entire project; and, WHEREAS, over the past five years both the Bayfield County Board and the Citizens of Bayfield County have ranked Highways as a top priority of the County during the annual budget process and budget survey; and, WHEREAS, maintenance and upkeep of roadways are of regional concern to support the forest industry; and, WHEREAS, alternate funding mechanisms are important to supplement the county’s ability to properly maintain county roads; and, 4 WHEREAS, Bayfield County has proposed a “replace in kind” construction method to keep costs to a minimum; and, WHEREAS, the US Department of Transportation RAISE program offers matching funds for economic development projects and in March of 2024 the Bayfield County Board authorized submittal of an application to the RAISE grant program for reconstruction of County Highways A and N to all season road standards; and, WHEREAS, the project includes sixteen (16) miles on County Highway N and six (6) miles of County Highway N from A to Highway 27 making this entire route (US 2 to State Highway 27) an All-Season Road; and, WHEREAS, this improvement project would have a significant economic development impact on Bayfield County communities, businesses, bikers, ATV users and tourists in addition to improving safety and reducing maintenance costs; NOW, THEREFORE, BE IT RESOLVED, that the Bayfield County Board of Supervisors assembled this 30th day of January 2024, will commit and hereby encumbers 12% of project costs towards over a period of up to five years; and, BE IT FURTHER RESOLVED, that Bayfield County has previously supported efforts at the state level to raise additional funds for county highway reconstruction and that the Bayfield County Board hereby petitions the Governor, the Assembly, and the Senate of the State of Wisconsin to pursue supplemental funding for county highways in Wisconsin. b) Bayfield County Resolution No. 2024-04; Applying for Courthouse Battery/Solar Grant Through the Public Service Commission (PSC) Energy Innovation Grant Program (EIGP) WHEREAS, Bayfield County provides essential “lifeline” services to county residents including public safety, jail, dispatch, human services, emergency services and many other critical services at the courthouse and annex/jail facilities; and, WHEREAS, reliable power at all times is important for the county to function and provide emergency response; and, WHEREAS, the County applied for and received funding for a project in 2020 that is now in operation; and, WHEREAS, inflationary pressures limited the extent of the 2020 project; and, WHEREAS, approximately 10% of the courthouse electrical needs are being addressed with solar at present, while the 125kw battery covers the complex during off hours, about 60% of the time, the goal is to increase both solar and battery backup; and, 5 WHEREAS, the State Energy Office with the Wisconsin PSC is offering funds for battery and solar projects; the county proposes additional solar and battery to reduce energy costs and create added resilience through the Energy Innovations Grant Program in 2024; NOW THEREFORE BE IT RESOLVED, that the Bayfield County Board of Supervisors, assembled this 30th day of January, 2024, does hereby support the application of a PSC, EIGP project in 2024. c) Bayfield County Resolution No. 2024-05; Request to Amend 2023 Coroner Budget WHEREAS, Autopsy expenses have increased resulting in the Coroner’s Office exceeding the 2023 budgeted expenses and revenues; and, WHEREAS, Budget Resolution 2023-112 addressed the shortfall, but was not enough to cover the shortfall; NOW THEREFORE BE IT RESOLVED, that the Bayfield County Board of Supervisors assembled this 30th day of January, 2024, approves the following 2023 budget amendment including the increasing fund balance applied of up to $5,000 2023: Increase Revenue: 100-00-49301 Fund Balance Applied by $5,000 100-06-46202 Cremation Fee by $1,000 Total Revenue: $6,000 Increase Expense: 100-06-51205-50250 Special Services by $4,715 100-06-51205-50332 Mileage by $1,285 $6,000 d) Bayfield County Resolution No. 2024-06; Request to Amend 2023 PSAP Budget WHEREAS, Per Ashland-Bayfield Consolidated PSAP Board of Director’s meeting narrative on July 11, 2023, two dispatchers were hired in Bayfield County to qualify for a grant effective mid-May and to be paid 70% by Bayfield County and 30% by Ashland County; and, WHEREAS, Ashland County agreed to pay 50% of the cost of the Interim Program Director; and, 6 WHEREAS, Meagan Quaderer, Emergency Management Director, accepted the position as Interim Program Director and was authorized by Bayfield County Resolution No. 2023-71 to allocate 30% of her regular working hours to work on the PSAP consolidation project; and, WHEREAS, Resolution 2023-71 also authorized increasing the Emergency Management Program Assistant’s wage and benefits from 0.50 FTE to 0.75 FTE; and, WHEREAS, a budget amendment is now needed to move 30% of the Interim Program Director’s wages and benefits to the PSAP budget from the Emergency Management budget; NOW THEREFORE BE IT RESOLVED, that the Bayfield County Board of Supervisors assembled this 30th day of January, 2024, approves the following 2023 budget amendment: Increase 100-16-47325 Ashland Reimbursement $22,432 Increase 100-16-52606-50121 Full time $54,053 100-16-52606-50135 OT $ 3,700 100-16-52606-50151 Fica/Medicare $ 3,868 100-16-52606-50152 Retirement $ 3,687 100-16-52606-50154 Health $ 9,454 100-16-52606-50155 Life $ 10 $74,772 Decrease 100-17-52602-50121 Full Time $37,837 100-17-52602-50340 Operating Supplies $ 2,590 100-17-52602-50151 Fica/Medicare $ 2,708 100-17-52602-50152 Retirement $ 2,581 100-17-52602-50153 Health $ 6,618 100-17-52602-50154 Life $ 7 $52,341 Increase 100-18-52606-50111 Department Head $10,953 100-18-52606-50151 Fica/Medicare $ 769 100-18-52606-50152 Retirement $ 758 100-18-52606-50153 Health $ 3,243 100-18-52606-50154 Life $ 2 100-18-52606-50132 Mileage $ 140 $15,865 Decrease 7 100-18-52501-50111 Department Head $10,953 100-18-52501-50151 Fica/Medicare $ 769 100-18-52501-50152 Retirement $ 758 100-18-52501-50153 Health $ 3,243 100-18-52501-50154 Life $ 2 100-18-52501-50132 Mileage $ 140 $15,865 e) Bayfield County Resolution No. 2024-07; 2023 Year End Budget Amendments, Forestry and Parks Department WHEREAS, as per Wisconsin State Statute 28.11(9)(d), Bayfield County is required to distribute 10% of net timber sale proceeds to towns that contain county forest lands; WHEREAS, the 2023 expense budget for the 10% net timber sale receipts due to Towns (100-34-56125-50590) was $326,500.00; WHEREAS, the combined 2023 revenue budget for county forest stumpage (100-34- 46811 & 100-34-46815) was $3,275,000.00; WHEREAS, the actual county forest timber sale revenue for CY 2023 was $3,542,059.19; WHEREAS, the required 10% timber sale payment due to the towns totaled $354,205.92; WHEREAS, the required 10% timber sale payment due to the towns exceeded the expense budget by $27,705.92; WHEREAS, the Department administers over 450 miles of designated, state funded snowmobile trails in Bayfield County; WHEREAS, maintenance of the snowmobile trails is funded by the Wisconsin DNR at a rate of $300.00 per mile; WHEREAS, when general maintenance costs exceed the base funding amount, supplemental snowmobile trail aids are made available, by the Wisconsin DNR, to cover up to 100% of the overage; WHEREAS, for the 2022/2023 snowmobile season, actual maintenance expenses were at an all-time high, exceeding the budgeted amount by over $135,000.00; WHEREAS, the supplemental snowmobile trail aids funds covered the overage at the rate of 100%, but a portion of the reimbursement revenue will not arrive until 2024; 8 WHEREAS, over the course of the year, numerous previously unbudgeted grants and/or aids were received to address specific projects, resulting in expenses that exceeded the budget, but will be offset by matching revenue, including: 1. County Conservation Aids: $15,000.00; 2. Knowles-Nelson Stewardship Grant: $5,481.00; 3. State Sustainable Forestry Grant: $3,070.00 NOW, THEREFORE, BE IT RESOLVED, that the Bayfield County Board of Supervisors, meeting this 30th day of January, 2024 approve the following 2023 budget amendments: Increase 2023 10% Timber Sales Due Towns expense line: 100-34-56125-50590 by $27,706.00; Increase 2023 Sale of Wood-CFL-County Share revenue line: 100-34-46811 by $28,935.00; Increase 2023 10% County Forestry-Towns revenue line: 100-34-46815 by $2,771.00; Increase 2023 Snowmobile Trail Maint. Grants expense line: 100-34-55442-50240 by $135,312.00; Increase 2023 State Grant – Snowmobile Trails revenue line: 100-34-43572 by $135,312.00; Increase 2023 Knowles-Nelson Grant expense line: 100-34-56105-50290 by $5,484.00; Increase 2023 Knowles-Nelson Grant revenue line: 100-34-43586 by $5,484.00; Increase 2023 Conservation Match 50/50 NL expense line: 100-34-56170-50290 by $15,000.00; Increase 2023 Conservation Aids 50/50 NL revenue line: 100-34-43582 by $11,000.00. f) Bayfield County Resolution No. 2024-08; Support for Iron River Community Forest Project in Partnership with Landmark Conservancy WHEREAS, Bayfield County (the County) will be contacted by the Wisconsin Department of Natural Resources related to Landmark Conservancy’s (Landmark) grant application to the DNR Knowles-Nelson Stewardship Program for its Iron River/Orienta Community Forest project (Project), inviting the County to adopt a non- binding resolution of support for the Project; 9 WHEREAS, this Project would involve the acquisition of approximately 860 acres (see Exhibit A), near Kaukamo Road, in the Town of Orienta, contains significant frontage on the Iron River, Resch Creek and numerous tributaries, and would be fully funded, in part, by the DNR Knowles-Nelson Stewardship Program, USFS Community Forest and Open Space Conservation Program and donations, if necessary (as secured by Landmark), for natural resource protection and public recreational access including hiking, cross-country skiing, hunting, fishing and trapping; WHEREAS, the County and Landmark share like visions with regards to land conservation and management and have partnered on numerous similar land acquisition projects over the past decade; WHEREAS, as part of this acquisition Project, both Landmark and the County, with assistance from Landmark, would apply for grants or similar financial aids with the goal of securing full funding (the total cost of the Project is estimated to be $1.189 million); WHEREAS, Bayfield County Forestry and Parks Department, with assistance from Landmark, is seeking grant funding from the USFS Community Forest and Open Space Conservation Program, in the amount of roughly $600,000.00, to support the Iron River/Orienta Community Forest project with an intent to own and manage the property as part of the Bayfield County Forest; WHEREAS, the County is interested in improving land protection with public access to the Iron River watershed of the South Shore Streams area of Lake Superior and other nearby and/or similar natural areas as supported by Bayfield County’s Comprehensive Land Use Plan and the Bayfield County Forest 15 Year Comprehensive Land Use Plan, as well as the Town of Orienta’s Comprehensive Plan; WHEREAS, once full funding has been secured, Landmark would facilitate the completion of the acquisition and, upon closing, transfer ownership and the associated management responsibilities of the property, in full, to the County; WHEREAS, the Bayfield County Forestry and Parks Committee voted to support this Project during their meeting on January 8, 2024, including working with Landmark to pursue funding through the USFS Community Forest and Open Space Conservation Program, receiving ownership of the property and being responsible for future management; THEREFORE, BE IT RESOLVED, that the Bayfield County Board of Supervisors, assembled this 30th day of January 2024, do hereby support Landmark’s Iron River/Orienta Community Forest project, as described above; 10 BE IT FURTHER RESOLVED, that the Bayfield County Board of Supervisors also supports pursuing funding through the USFS Community Forest and Open Space Conservation Program for assistance in the acquisition of land, as described above; BE IT FURTHER RESOLVED, that the Bayfield County Board of Supervisors hereby authorizes, upon successful closing and transfer of ownership to the County, the entry of the land included as part of this Project in County Forest Law, to be managed as part of the Bayfield County Forest; BE IT FURTHER RESOLVED, that the Bayfield County Board of Supervisors hereby authorizes the Forestry and Parks Administrator and County Administrator to act on behalf of Bayfield County to: submit an application to USFS Community Forest and Open Space Conservation Program for land acquisition grant funding; sign documents; and take all necessary and required action(s) to undertake, direct, and complete an approved land acquisition project. g) Bayfield County Resolution No. 2024-09; Support for Whittlesey Creek Project in Partnership with Landmark Conservancy WHEREAS, Bayfield County (the County) will be contacted by the Wisconsin Department of Natural Resources related to Landmark Conservancy’s (Landmark) grant application to the DNR Knowles-Nelson Stewardship Program for its Whittlesey Creek project (Project), inviting the County to adopt a non-binding resolution of support for the Project; WHEREAS, this Project would involve the acquisition of approximately 160 acres (see Exhibit A), near FR 500/Range Road, in the Town of Barksdale, contains significant frontage on the North Fork of Whittlesey Creek, including it’s headwaters, and would be fully funded, in part, by the DNR Knowles-Nelson Stewardship Program and Wisconsin Coastal Management Program for natural resource protection and public recreational access including hiking, cross-country skiing, hunting, fishing and trapping; WHEREAS, the County and Landmark share like visions with regards to land conservation and management and have partnered on numerous similar land acquisition projects over the past decade; WHEREAS, as part of this acquisition Project, both Landmark and the County, with assistance from Landmark, would apply for grants or similar financial aids with the goal of securing full funding (the total cost of the Project is estimated to be around $180,000.00); WHEREAS, Bayfield County Forestry and Parks Department, with assistance from Landmark, is seeking grant funding from the Wisconsin Coastal Management Program, in the amount of roughly $72,000.00 to support the Project with an intent to own the property; 11 WHEREAS, the County is interested in improving land protection with public access to the Whittlesey Creek watershed of the South Shore Streams area of Lake Superior and other nearby and/or similar natural areas as supported by Bayfield County’s Comprehensive Land Use Plan and the Bayfield County Forest 15 Year Comprehensive Land Use Plan, as well as the Town of Barksdale’s Comprehensive Plan; WHEREAS, once full funding has been secured, Landmark would facilitate the completion of the acquisition and, upon closing, transfer ownership and the associated management responsibilities of the property, in full, to the County; WHEREAS, the Bayfield County Forestry and Parks Committee voted to support this Project during their meeting on January 8, 2024, including pursuing funding through the Wisconsin Coastal Management Program, receiving ownership of the property and being responsible for future management; THEREFORE, BE IT RESOLVED, that the Bayfield County Board of Supervisors, assembled this 30th day of January 2024, do hereby support Landmark’s Whittlesey Creek project, as described above; BE IT FURTHER RESOLVED, that the Bayfield County Board of Supervisors also supports pursuing funding through the Wisconsin Coastal Management Program for assistance in the acquisition of land, as described above; BE IT FURTHER RESOLVED, that the Bayfield County Board of Supervisors hereby authorizes the Forestry and Parks Administrator and County Administrator to act on behalf of the County to: submit an application to Wisconsin Coastal Management Program for land acquisition grant funding; sign documents; and take all necessary and required action(s) to undertake, direct, and complete an approved land acquisition project. h) Bayfield County Resolution No. 2024-10; Support for Brownstone Trail and Shoreline Restoration Project FEMA Grant Application in Partnership with Landmark Conservancy WHEREAS, Bayfield County (the County) and Landmark Conservancy (Landmark) share a goal to advance the restoration of an area of the Brownstone Trail, facilitate public use, and nurture the appreciation of coastal habitat protection, restoration, and management along Lake Superior; WHEREAS, the County and Landmark have a signed contract to work together to restore the Maki property along the Brownstone Trail to address erosion, restore the trail and create a public trailhead, foster native habitat, and, over the long-term, transform an upslope area into a community park; WHEREAS, Landmark has agreed to identify, prepare and secure all grant applications for all restoration activities and, if the County is the applicant, coordinate 12 with Bayfield County Forestry and Parks Department staff to review and submit grant applications; WHEREAS, Landmark has identified an opportunity to seek a roughly $1.2 million FEMA grant, with Wisconsin Emergency Management as the applicant and the County as the sub-applicant; WHEREAS, if the grant is awarded, Landmark will track all grant expenditures, prepare grant reports and close-out documents, and complete other grant management activities, as required; WHEREAS, if funding is received, Landmark will coordinate and oversee all aspects of the restoration of the Brownstone Trail and shoreline, in consultation with the County, which is expected to begin in 2025; WHEREAS, the Bayfield County Forestry and Parks Committee voted to support this project during their meeting on January 8, 2024, including working with Landmark to pursue FEMA grant funding, as described above; THEREFORE, BE IT RESOLVED, that the Bayfield County Board of Supervisors, assembled this 30th day of January 2024, do hereby support Landmark’s Brownstone Trail and Shoreline Restoration Project FEMA grant application, as described above; BE IT FURTHER RESOLVED, that the Bayfield County Board of Supervisors hereby authorizes the Forestry and Parks Administrator and County Administrator to act on behalf of the County and work with Landmark to submit an application to FEMA via Wisconsin Emergency Management; sign documents; and take all necessary and required action(s) to undertake, direct, and complete an approved FEMA project. i) Bayfield County Resolution No. 2024-11; Authorizing Participation in Outdoor Motorized Recreation Trail Aids, Stewardship Local Assistance Grant Programs and Federal Recreation Trails Act WHEREAS, Bayfield County is interested in maintaining, acquiring, insuring, and/or developing lands for public outdoor recreation purposes as described in the application; and WHEREAS, in most situations, financial aid will be required to complete the projects; and WHEREAS, Bayfield County will budget a sum sufficient to complete each project; and NOW, THEREFORE, BE IT RESOLVED, that the Bayfield County Board of Supervisors, meeting this 30th day of January, 2024, hereby authorizes the Bayfield County Forestry and Parks Administrator to: 13 1. From calendar year 2024 through calendar year 2028, submit an application to the State of Wisconsin, Department of Natural Resources for any financial aid that may be available; and 2. File reimbursement claims along with all necessary supporting documentation within six months of the project completion date; and 3. Sign all documents pertaining to the project or application; and 4. Take necessary action to undertake, direct and complete all approved projects. BE IT FURTHER RESOLVED, that in the event the Forestry and Parks Administrator is unable to complete one or all of the actions, the Bayfield County Forestry and Parks Department Recreation Specialist and/or Assistant Administrator are authorized to perform the above listed items 1 through 4. j) Approving the Forestry and Parks Department 2024 Annual Work Plan k) Bayfield County Resolution No. 2024-12; Treatment Alternatives & Diversion (TAD) Grant Budget Amendment 2023 WHEREAS, Bayfield County was awarded a grant for $150,000; and, WHEREAS, Bayfield County budgeted $137,456 in the 2023 budget; NOW THEREFORE BE IT RESOLVED, that the Bayfield County Board of Supervisors, assembled this 30th day of January 2024, approves amending the 2023 budget for: Increase 100-04-43522-005 by $12,544 Increase 100-04-54717-50121 by $12,544 Motion by Crandall to approve Consent Agenda, seconded by Sandstrom. Roll Call Vote: Sandstrom – Yes; Dougherty – Yes; Fickbohm – Absent; Ray – Absent; Oswald – Yes; Silbert – Yes; Pocernich – Yes; Strand – Yes; Rautio – Yes; Milanowski – Yes; Rekemeyer – Yes; Crandall – Yes; Rondeau – Absent. Total: 10 – Yes; 0 – No; 3 Absent. Motion carried. Report of the Bayfield County Planning and Zoning Committee No. 2024-01; Petition to Amend Sections 13-1-21(e)(1) and 13-1-22(b)(5)b. of the Code of Ordinances, Bayfield County, Wisconsin: TO: The County Board of Supervisors of Bayfield County on the hearing of petitions to amend the Bayfield County Zoning Ordinance. The Planning and Zoning Committee of the Bayfield County Board of Supervisors, having held a public hearing pursuant to Section 59.69(5)(e), Wisconsin Statutes; notice thereof having been given as provided by law; and having been duly informed of the facts pertinent to the following changes; hereby recommends the following action on said petition: 14 AN ORDINANCE AMENDING SECTIONS 13-1-21(e)(1) and 13-1-22 (b)(5)b. CODE OF ORDINANCES, BAYFIELD COUNTY, WISCONSIN. Section 1. Subsection (e) [Fees] of Section 13-1-21 [General Land Use Requirements] of Article B [General Provisions]; of Chapter 1 [Zoning Code] of Title 13 [Zoning] of the Code of Ordinances, Bayfield County, Wisconsin is hereby “amended” “deleted” “renumbered” to read as follows, with additions highlighted by the double underline feature (additions) and deletions highlighted by the double strike-through (deletions) and: Sec. 13-1-21 General Land Use Requirements. (e) Fees. (1) Fee Schedule. Fees for the issuance of permits, the conducting of inspections, review and processing of applications and other work facilitated by the Planning and Zoning Agency covered pursuant to this Chapter are hereby established pursuant to this Chapter, subject to amendment, from time to time, upon the recommendation of the Planning and Zoning Committee and approval of the County Board of Supervisors. The fees established are set forth on a fee schedule in Reference Document A, on file at the Planning and Zoning Agency. 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 Planning and Zoning Committee 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 Planning and Zoning Committee and approval of the County Board of Supervisors. Unless otherwise noted, all fees are referenced to estimated Fair Market Value (FMV) of the structure or land use and shall be interpreted to mean the best reasonable estimate of the market value of the structure or land use (including labor and material costs) when construction is completed or the use becomes fully operational. Market value shall not be affected by virtue of any reduced or donated actual costs for labor or materials. Municipalities are subject to all applicable fees. When a permit has been denied any portion of a fee (other than an application fee) paid over Fifty Dollars ($50.00) shall be returned. Required fees are as follows: a. Residences/Dwellings/Mobile Homes/Mobile Homes in Mobile Home Parks (new, converted, relocated, replaced); first (residential) structure on property; fee based on fair market value of structure: 1. 0—less than $50,000 ................................................ $125.00 2. $50,000—less than $100,000 ................................... $250.00 3. $100,000+ ................................................ $3.00/$1,000.00 15 b. Additions/Alterations to Residences—Dwellings 1. 0—less than $25,000 ............................................ $ 75.00 2. $25,000+ .............................................................. $ 3.00/1,000.00 c. Residential Accessory Structures 1. 0—less than $25,000 ............................................ $ 75.00 2. $25,000................................................................. $ 3.00/1,000.00 d. Additions/Alterations to Residential Accessory Structures 1. 0—less than $25,000 ............................................ $ 75.00 2. $25,000+ .............................................................. $ 3.00/1,000.00 e. Commercial/Industrial/Municipal/ Institutional--Principal Structures ..................................* $ 250.00 f. Commercial/Industrial/Municipal/ Institutional--Additions/Alterations ...............................* $ 125.00 g. Commercial/Industrial/Municipal/ Institutional--Accessory Structures ................................* $ 125.00 [*The minimum commercial / industrial / municipal/institutional fee for a principal structures shall be $250. For any principal structures exceeding $100,000 in estimated Fair Market Value, the fee shall be $2.50/$1,000 of estimated Fair Market Value. The minimum commercial / industrial / municipal / institutional additions / alterations, accessory structures shall be $125.00. For any commercial / industrial / municipal / institutional addition / alterations, accessory structures, exceeding $50,000 in estimated Fair Market Value, the fee shall be $2.50/1,000 of estimated Fair Market value.] h. Temporary Permits........................................................... $ 50.00 i. .... On-Site Consultation (request for on-site information not involving pending permit application) ....................... $ 250.00 j. Gazebo(s) ......................................................................... $ 215.00 k. Certified Soil Tests - Review & Filing Fee ..................... $ 50.00 l. Private Sewage System (Septic Tanks)......................….. $ 400.00 m. Private Sewage System (Holding Tanks) ........................ $ 400.00 16 n. Mounds or Systems requiring Pre-Treatment .................. $ 500.00 o. Private Sewage System Reconnection And Private Interceptor .................................................... $ 50.00 p. Sanitary Permit Transfer of Land Owner......................... $ 25.00 q. Sanitary and Land Use Revisions .................................... $ 25.00 r. Return Inspection ............................................................ $ 50.00 s. County Sanitary Permit* (not including required soil verification for a pit privy 1........................................................................................ $ 150.00 2-5 .................................................................................... $ 300.00 6-9 .................................................................................... $ 450.00 10+ ................................................................................... $ 600.00 Portable Restroom ............................................................ $ 50.00 (* Cost applies to the initial or first phase of development. Subsequent phases must start over with fee schedule.) t. Subdivision – Each Lot Created ...................................... $ Cost as per Additional Lot Division Review .............................. Land Records Dept u. Sign Permit (per sign) *(except R-1, R-2, R-3 & R-4 districts, where the Class A special use fee applies) ...................... $ 50.00 v. Land Use Regulations Booklet ...................................... $ Cost+postage w. Conditional Use Applications (plus applicable land use fee) ........................................... $ 350.00 x. Special Use Applications (TBA for Ag-1 and F-1 Districts) (plus applicable land use fee) ........................................... Class A Special Use ......................................................... $ 175.00 Class B Special Use ......................................................... $ 250.00 y. Zoning Petition District Change ...................................... (see below) Number of Separately Owned Lots and Commonly Owned but Not Contiguous Lots included in Proposed Change 1........................................................................................ $ 225.00 17 2 – 5.................................................................................. $ 325.00 6 – 10................................................................................ $ 500.00 11 – 20.............................................................................. $ 1,050.00 21 – 30.............................................................................. $ 1,500.00 31 – 45.............................................................................. $ 2,250.00 46 – 60.............................................................................. $ 3,050.00 More than 60 .................................................................... $ 5,050.00 z. Zoning Petition Text Change ........................................... $ 300.00 aa. Board of Adjustment Hearing .......................................... Variance or Appeal .......................................................... $ 800.00 Refiling & Reopening* .................................................... $ 800.00 Reopening & Reconsideration ......................................... $ 250.00 * Transcript and any copy fees shall be paid by individual(s) whom make the request ........................................................................ bb. Special Planning and Zoning Committee or Board of Adjustment Meeting (fee is in addition to any other applicable fee) ................. $ 325.00 cc. Miscellaneous 1. Change of use ....................................................... $Cost of Permit (i.e. from residence to accessory building; accy building to residence, etc) 2. Failure to Obtain Permit Prior to Construction .... Double Fee Possible Citation (Doubling of fee may be waived by the Planning and Zoning Director). dd. Permit Renewal 1. Sanitary Permit..................................................... $Cost of Permit 2. All other Permits .................................................. Non-renewable ee. Photocopies/Faxes 1. Per Page ............................................................... $ .25 + tax 2. Faxes-1st Page ..................................................... $ 1.00 + tax Each Additional Page ........................................... $ .50 + tax ff. Refunds 1. Fee(s) paid minus $50.00 service fee. 2. No refunds after permit(s) have been issued. 3. No refunds after one (1) year duration on unissued permits. 4. No refunds on public hearing applications after application deadline date. 18 5. No refunds on special request applications after agenda deadline date. 6. No refunds on after-the-fact permits. gg. Permit Expiration 1. State Sanitary Permits expire two (2) years from the issuance date and may be renewed per State policy. 2. All other permits expire one (1) year from their issuance date. hh. Recreational Vehicle (RV) Placement Permit ................ $ 75.00 ii. Review of Condominium Plat .......................................... $ 100.00 ...................................................................................................... Per Unit jj. Stairway to navigable waters ........................................... $ 100.00 kk. Shoreland (non-conforming, impervious surface, etc.) ... ........................................................................................$ 100.00 ll. Boathouse .......................................... $ 300.00 mm. Refiling or Rehearing before Planning and Zoning Committee $ ..... (see below) The fee shall be equal to the fee for the underlying application, as set forth in Section 13-1-21(e)(1)a-ll) (2) Fair Market Value, Fee Basis. When an applicant's estimated Fair Market (FMV) is used in accepting a fee for issuance of a land use permit, and that FMV deviates by ten percent (10%) or more from the actual fair market value as determined from the tax rolls of the Town Assessor the year after project completion, and that deviation would have resulted in a different required fee, the applicant may request a refund for any overpayment and the Administrator may request an additional fee for underpayment. Where any such deviation exceeds one hundred percent (100%) of the applicant's estimated FMV and resulted in underpayment of fees, there shall be a presumption that the applicant either did not exercise reasonable diligence or misrepresented the estimated FMV to obtain a lower fee. In such cases, the Administrator may require that triple the additional fee be paid. Where any such additional fee is not paid thirty (30) days or more after a written request was sent, nor an appeal filed, the 19 Administrator may issue a citation. If such additional fee is still not paid after another thirty (30) day period, the permit becomes void and other enforcement actions may be taken. (32) Payment of Fees. All required fees shall be paid in full. No partial payment, payment schedules, loans, or debts shall be accepted. If fees are paid by check, and the check is returned for insufficient funds, any issued permit reliant upon the unpaid fees shall be voidable until the fees have in fact been paid. Where the Administrator informs an applicant and ostensible permit holder of such unpaid fees, and requests payment, an added Twenty-five Dollar ($25.00) check handling fee shall be required and the permit shall not become valid until cash is paid or a subsequent check is honored by the applicant's bank. When such unpaid fees are not paid thirty (30) days or more after a written request was sent, nor an appeal filed, the Administrator may issue a citation. If such unpaid fees are still not paid after another thirty (30) day period, the permit becomes void and other enforcement actions may be taken. (43) Refunds. Except as provided in Subsection (e)(2), tThe Administrator shall not be responsible for tracking, crediting, or refunding any fees paid more than one (1) year prior to permit issuance. Applicants seeking refunds of fees paid for unissued permits shall submit a request to the Administrator within one (1) year of payment. Refunds sought for fees incurred due to erroneous information provided by the Planning and Zoning Agency may be granted only by the Planning and Zoning Committee, in its sole discretion. 1. Fee(s) for unissued permits or for other refundable items will be paid minus $50.00 service fee. 2. No refunds after permit(s) have been issued. 3. No refunds after one (1) year duration on unissued permits. 4. No refunds on public hearing applications after application deadline date. 5. No refunds on special request applications after agenda deadline date. 6. No refunds on after-the-fact permits. (4) ....................................................................................................................... Permit Expiration a) 1. State Sanitary Permits expire two (2) years from the issuance date and may be renewed per State policy. 2. All other permits expire two (2) years from their issuance date. 20 (5) Fee for Changes. Where a permit is needed for a change in a land use or a change in the use of an existing structure, the fee shall be the same as that needed to initiate that new land use or to construct a structure of that estimated Fair Market Value for that new use. (6) Sanitary Permit Fee. The fee for renewal of a sanitary permit shall be the same as the fee to issue a new sanitary permit for that type of private sewage system. **************************************************************************************************** Reference Document – Appendix A Bayfield County Planning and Zoning Fee Schedule LAND USE ADMINISTRATIVE REVIEW Residential Principal Structures (new, converted, replaced, relocated, additions/alterations) – first structure on lot, dwelling, residence, mobile home, etc. $0.75/square foot (minimum $125) Residential Accessory Structures (new, converted, replaced, relocated, additions/alterations) – detached garage, storage building, retaining walls, barns, etc. $0.50/square foot (minimum $75) Commercial/Municipal Principal Structures (new, converted, replaced, relocated, additions/alterations) $0.75/square foot (minimum $125) Commercial/Municipal and Accessory Structures (new, converted, replaced, relocated, additions/alterations) $0.50/square foot (minimum $75) Shoreland Exempt Structures Boathouse - one story only $300 Open-sided/screened structures (gazebos, decks, patios, and screen houses) $215 Stairway to navigable waters $100 Sign (per sign) – except R-1, R-2, R-3 & R-4 districts, where the Special Use - Class A is required $100 Recreational Vehicle (RV) – placement more than 21 days but less than 4 months (Special Use Permit – Class A required for 4 months or more) $75 Temporary Permits $100 Return Inspection – site or property lines not staked by applicant/surveyor, stakes not visible, etc. $75 Land Use Revisions $25 SANITARY/POWTS REVIEW Certified Soil Tests – Review and Filing Fee $50 Private Sewage System (Septic Tanks) $400 Private Sewage System (Holding Tanks) $400 Mounds/Systems requiring Pre-Treatment/State Plan Review $500 Private Sewage System Reconnection and Private Interceptor $50 Sanitary Permit Transfer of Land Owner $25 Sanitary Revisions $25 21 Return Inspection $50 County Sanitary Permit* (not including required soil verification for a pit privy 1 2-5 6-9 10+ $150 $300 $450 $600 Portable Restroom (s) $50 Permit Renewal $Cost of Permit TOWN/PLANNING AND ZONING COMMITTEE/BOARD OF SUPERVISORS REVIEW Special Use Permit – Class A $250 Special Use Permit – Class B $400 Conditional Use Permit $500 Zoning Petition District Change/Rezone – Initial parcel $500 Zoning Petition District Change/Rezone – Each parcel in addition to the initial parcel. All additional parcels must be contiguous to the initial parcel. $150/additional parcel Zoning Petition Text Change/Ordinance Amendment $600 Special Committee Meeting $600 + applicable application fee Refiling or Rehearing Equal to underlying application, as set forth in fee schedule LAND DIVISIONS REVIEW Subdivision Plat Preliminary Final Plat $500 $300+$15/lot Condo Plat $100/unit Certified Survey Map (CSM) Fee collected by Land Records. No review fee collected by Zoning. BOARD OF ADJUSTMENT REVIEW Variance or Appeal $1000 Refilings & Rehearings $1000 Limited Reopenings and Rehearings $1000 Special Board Meeting $600 + applicable application fee MISCELLANEOUS After-the-Fact – failure to obtain permit prior to start of project Triple Fee (possible citation) Photocopies/Faxes Photocopies Per Page Faxes-1st Page Faxes Each Additional Page $0.25+tax $1+tax $0.50+tax 22 Open Records Staff time Copies $25/hour ($15 minimum) $0.25/page Land Use Regulations Booklet Cost+postage On-site Consultation – navigability determination, Ordinary High-Water Mark (OHWM) determination, wetland determination, etc. $250 Floodplain $100 Shoreland Impervious Surface Non-Conforming, etc. $25 $100 Tower Siting/Collocation 1 $3000 Tower Collocation 2 $500 Metallic Mine $50,000 Non-Metallic Mine (requires Conditional Use Permit) $500 Zoning Compliance Letter $50 **************************************************************************************************** Section 2. Subsection (a)(5)b. 3. 4. 8, 11 & 14 [Shoreline Setbacks; Boathouse] of Section 13-1-22 [Setbacks and Height Restrictions] of Article B [General Provisions]; of Chapter 1 [Zoning Code] of Title 13 [Zoning] of the Code of Ordinances, Bayfield County, Wisconsin is hereby “amended” “deleted” “recreated” and “renumbered” to read as follows, with additions highlighted by the double underline feature (additions) and deletions highlighted by the double strike- through (deletions) and: Sec. 13-1-22 Setbacks and Height Restrictions. (a)(5) b. 3. 4. 8. 11. & 14 b. Boathouse. 3. A Boathouse shall not be equipped with a potable water supply, fireplaces, patio doors, food preparation equipment, furniture or any features inconsistent with the use of the structure exclusively as a boathouse. No boathouse shall have glass doors or access openings more than one-third transparent. b) 4. A Boathouse shall have a gable roof with eaves not to exceed 24 inches and ranging in pitch from a minimum of 4:12 (rise to run) to a maximum of 6:12 (rise to run). 23 8. A Boathouse shall not exceed one story. Maximum height from the boathouse floor to the top of the side wall shall not exceed 10 feet. The footprint shall not exceed 400 200 square feet including eaves. 11. A Boathouse must use exterior building materials or and treatments that are inconspicuous and blend with the natural setting of the site. 14. Within a boathouse an overhead storage area will be permitted. Said area shall not span the entire footprint of the structure, shall not exceed 50 percent of the floor area, shall not contain any walls, doors, and/or windows and shall have a minimum of one open side to area below. Additionally, the height of the loft shall be lesser than seven feet in height measured from clear vertical distance between finished floor and the bottom of the rafters at the peak. Section 3. Except as specifically modified and amended by this ordinance, the Bayfield County Code of Ordinance shall remain in force and effect exactly as originally adopted and previously amended. All ordinances or parts of ordinances inconsistent with or in contravention of the provisions of this ordinance are hereby repealed. Section 4. SEVERABILITY. If a court of competent jurisdiction adjudges any section, clause, provision, or portion of this ordinance unconstitutional or invalid, the remainder of this ordinance shall not be affected thereby. Ruth Hulstrom, Zoning Administrator stated that amending section 13-1-21(e)(1) will remove the fee schedule from the written language and allow for the making of recommendations that can be approved by the board. Ruth also indicated that amending section 13-22-(b)(5)b is related to boat houses and the purpose to amend is to minimize the use of boat houses for other purposes than boat storage. Motion by Crandall to Receive and Place on File the Report of the Bayfield County Planning and Zoning Committee No. 2024-01, seconded by Oswald. Motion carried, 10-0, 3 absent. Bayfield County Amendatory Ordinance 2024-01; Petition to Amend Sections 13-1-21(e)(1) and 13-1-22(b)(5)b, Fee Schedule in Planning and Zoning Department: The Bayfield County Board of Supervisors ordains as follows: That the Bayfield County Zoning Ordinance, adopted June 1, 1976, be and the same, is hereby amended as follows: 24 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, Wisconsin Statutes §59.69 authorizes the County Board of Supervisors to adopt regulations to promote public health, safety and general welfare, to encourage planned and orderly land use development; to protect property values and the property tax base; and WHEREAS, it is deemed in the best interest of the County of Bayfield to amend Section 13-1- 21(e)(1)(2) Code of Ordinances, Bayfield County, Wisconsin to remove fee schedule and renumber subsections (2), (3), (4); and WHEREAS, it is deemed in the best interest of the County of Bayfield to amend Section 13-1- 22(a)(5)b. 3. 4. 8. 11. & 14. Code of Ordinances pertaining to boathouses to reduce the allowable footprint, specify the limitations of a loft area, provide a minimum and maximum pitch for roofs, and limit the use of glass or transparent materials; and WHEREAS, it is deemed to be in the best interest of the County of Bayfield that the Code of Ordinances, Bayfield County, Wisconsin, be further modified and amended in the manner hereinafter set forth. NOW, THEREFORE, the Bayfield County Board of Supervisors does hereby ordain as follows: AN ORDINANCE AMENDING SECTIONS 13-1-21(e)(1) and 13-1-22 (b)(5)b. CODE OF ORDINANCES, BAYFIELD COUNTY, WISCONSIN. Section 1. Subsection (e) [Fees] of Section 13-1-21 [General Land Use Requirements] of Article B [General Provisions]; of Chapter 1 [Zoning Code] of Title 13 [Zoning] of the Code of Ordinances, Bayfield County, Wisconsin is hereby “amended” “deleted” “renumbered” to read as follows, with additions highlighted by the double underline feature (additions) and deletions highlighted by the double strike-through (deletions) and: Sec. 13-1-21 General Land Use Requirements. (e) Fees. (2) Fee Schedule. Fees for the issuance of permits, the conducting of inspections, review and processing of applications and other work facilitated by the Planning and Zoning Agency covered pursuant to this Chapter are hereby established pursuant to this Chapter, subject to amendment, from time to time, upon the recommendation of the Planning 25 and Zoning Committee and approval of the County Board of Supervisors. The fees established are set forth on a fee schedule in Reference Document A, on file at the Planning and Zoning Agency. 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 Planning and Zoning Committee 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 Planning and Zoning Committee and approval of the County Board of Supervisors. Unless otherwise noted, all fees are referenced to estimated Fair Market Value (FMV) of the structure or land use and shall be interpreted to mean the best reasonable estimate of the market value of the structure or land use (including labor and material costs) when construction is completed or the use becomes fully operational. Market value shall not be affected by virtue of any reduced or donated actual costs for labor or materials. Municipalities are subject to all applicable fees. When a permit has been denied any portion of a fee (other than an application fee) paid over Fifty Dollars ($50.00) shall be returned. Required fees are as follows: a. Residences/Dwellings/Mobile Homes/Mobile Homes in Mobile Home Parks (new, converted, relocated, replaced); first (residential) structure on property; fee based on fair market value of structure: 1. 0—less than $50,000 ................................................ $125.00 2. $50,000—less than $100,000 ................................... $250.00 3. $100,000+ ................................................ $3.00/$1,000.00 c. Additions/Alterations to Residences—Dwellings 1. 0—less than $25,000 ............................................ $ 75.00 2. $25,000+ .............................................................. $ 3.00/1,000.00 c. Residential Accessory Structures 1. 0—less than $25,000 ............................................ $ 75.00 2. $25,000................................................................. $ 3.00/1,000.00 d. Additions/Alterations to Residential Accessory Structures 1. 0—less than $25,000 ............................................ $ 75.00 2. $25,000+ .............................................................. $ 3.00/1,000.00 h. Commercial/Industrial/Municipal/ Institutional--Principal Structures ..................................* $ 250.00 i. Commercial/Industrial/Municipal/ Institutional--Additions/Alterations ...............................* $ 125.00 26 j. Commercial/Industrial/Municipal/ Institutional--Accessory Structures ................................* $ 125.00 [*The minimum commercial / industrial / municipal/institutional fee for a principal structures shall be $250. For any principal structures exceeding $100,000 in estimated Fair Market Value, the fee shall be $2.50/$1,000 of estimated Fair Market Value. The minimum commercial / industrial / municipal / institutional additions / alterations, accessory structures shall be $125.00. For any commercial / industrial / municipal / institutional addition / alterations, accessory structures, exceeding $50,000 in estimated Fair Market Value, the fee shall be $2.50/1,000 of estimated Fair Market value.] h. Temporary Permits........................................................... $ 50.00 i. .... On-Site Consultation (request for on-site information not involving pending permit application) ....................... $ 250.00 j. Gazebo(s) ......................................................................... $ 215.00 k. Certified Soil Tests - Review & Filing Fee ..................... $ 50.00 l. Private Sewage System (Septic Tanks)......................….. $ 400.00 m. Private Sewage System (Holding Tanks) ........................ $ 400.00 n. Mounds or Systems requiring Pre-Treatment .................. $ 500.00 o. Private Sewage System Reconnection And Private Interceptor .................................................... $ 50.00 p. Sanitary Permit Transfer of Land Owner......................... $ 25.00 q. Sanitary and Land Use Revisions .................................... $ 25.00 r. Return Inspection ............................................................ $ 50.00 s. County Sanitary Permit* (not including required soil verification for a pit privy 1........................................................................................ $ 150.00 2-5 .................................................................................... $ 300.00 6-9 .................................................................................... $ 450.00 10+ ................................................................................... $ 600.00 Portable Restroom ............................................................ $ 50.00 27 (* Cost applies to the initial or first phase of development. Subsequent phases must start over with fee schedule.) t. Subdivision – Each Lot Created ...................................... $ Cost as per Additional Lot Division Review .............................. Land Records Dept u. Sign Permit (per sign) *(except R-1, R-2, R-3 & R-4 districts, where the Class A special use fee applies) ...................... $ 50.00 v. Land Use Regulations Booklet ...................................... $ Cost+postage y. Conditional Use Applications (plus applicable land use fee) ........................................... $ 350.00 z. Special Use Applications (TBA for Ag-1 and F-1 Districts) (plus applicable land use fee) ........................................... Class A Special Use ......................................................... $ 175.00 Class B Special Use ......................................................... $ 250.00 y. Zoning Petition District Change ...................................... (see below) Number of Separately Owned Lots and Commonly Owned but Not Contiguous Lots included in Proposed Change 1........................................................................................ $ 225.00 2 – 5.................................................................................. $ 325.00 6 – 10................................................................................ $ 500.00 11 – 20.............................................................................. $ 1,050.00 21 – 30.............................................................................. $ 1,500.00 31 – 45.............................................................................. $ 2,250.00 46 – 60.............................................................................. $ 3,050.00 More than 60 .................................................................... $ 5,050.00 z. Zoning Petition Text Change ........................................... $ 300.00 aa. Board of Adjustment Hearing .......................................... Variance or Appeal .......................................................... $ 800.00 Refiling & Reopening* .................................................... $ 800.00 Reopening & Reconsideration ......................................... $ 250.00 * Transcript and any copy fees shall be paid by individual(s) whom make the request ........................................................................ bb. Special Planning and Zoning Committee or Board of Adjustment Meeting (fee is in addition to any other applicable fee) ................. $ 325.00 28 dd. Miscellaneous 1. Change of use ....................................................... $Cost of Permit (i.e. from residence to accessory building; accy building to residence, etc) 2. Failure to Obtain Permit Prior to Construction .... Double Fee Possible Citation (Doubling of fee may be waived by the Planning and Zoning Director). dd. Permit Renewal 1. Sanitary Permit..................................................... $Cost of Permit 2. All other Permits .................................................. Non-renewable gg. Photocopies/Faxes 1. Per Page ............................................................... $ .25 + tax 2. Faxes-1st Page ..................................................... $ 1.00 + tax Each Additional Page ........................................... $ .50 + tax hh. Refunds 1. Fee(s) paid minus $50.00 service fee. 2. No refunds after permit(s) have been issued. 3. No refunds after one (1) year duration on unissued permits. 4. No refunds on public hearing applications after application deadline date. 5. No refunds on special request applications after agenda deadline date. 6. No refunds on after-the-fact permits. gg. Permit Expiration 3. State Sanitary Permits expire two (2) years from the issuance date and may be renewed per State policy. 4. All other permits expire one (1) year from their issuance date. hh. Recreational Vehicle (RV) Placement Permit ................ $ 75.00 ii. Review of Condominium Plat .......................................... $ 100.00 ...................................................................................................... Per Unit jj. Stairway to navigable waters ........................................... $ 100.00 29 kk. Shoreland (non-conforming, impervious surface, etc.) ... ........................................................................................$ 100.00 ll. Boathouse .......................................... $ 300.00 mm. Refiling or Rehearing before Planning and Zoning Committee $ ..... (see below) The fee shall be equal to the fee for the underlying application, as set forth in Section 13-1-21(e)(1)a-ll) (2) Fair Market Value, Fee Basis. When an applicant's estimated Fair Market (FMV) is used in accepting a fee for issuance of a land use permit, and that FMV deviates by ten percent (10%) or more from the actual fair market value as determined from the tax rolls of the Town Assessor the year after project completion, and that deviation would have resulted in a different required fee, the applicant may request a refund for any overpayment and the Administrator may request an additional fee for underpayment. Where any such deviation exceeds one hundred percent (100%) of the applicant's estimated FMV and resulted in underpayment of fees, there shall be a presumption that the applicant either did not exercise reasonable diligence or misrepresented the estimated FMV to obtain a lower fee. In such cases, the Administrator may require that triple the additional fee be paid. Where any such additional fee is not paid thirty (30) days or more after a written request was sent, nor an appeal filed, the Administrator may issue a citation. If such additional fee is still not paid after another thirty (30) day period, the permit becomes void and other enforcement actions may be taken. (32) Payment of Fees. All required fees shall be paid in full. No partial payment, payment schedules, loans, or debts shall be accepted. If fees are paid by check, and the check is returned for insufficient funds, any issued permit reliant upon the unpaid fees shall be voidable until the fees have in fact been paid. Where the Administrator informs an applicant and ostensible permit holder of such unpaid fees, and requests payment, an added Twenty-five Dollar ($25.00) check handling fee shall be required and the permit shall not become valid until cash is paid or a subsequent check is honored by the applicant's bank. When such unpaid fees are not paid thirty (30) days or more after a written request was sent, nor an appeal filed, the Administrator may issue a citation. If such unpaid fees are still not paid after another thirty (30) day period, the permit becomes void and other enforcement actions may be taken. (43) Refunds. Except as provided in Subsection (e)(2), tThe Administrator shall not be responsible for tracking, crediting, or refunding any fees paid more than one (1) year prior to permit issuance. Applicants seeking 30 refunds of fees paid for unissued permits shall submit a request to the Administrator within one (1) year of payment. Refunds sought for fees incurred due to erroneous information provided by the Planning and Zoning Agency may be granted only by the Planning and Zoning Committee, in its sole discretion. 7. Fee(s) for unissued permits or for other refundable items will be paid minus $50.00 service fee. 8. No refunds after permit(s) have been issued. 9. No refunds after one (1) year duration on unissued permits. 10. No refunds on public hearing applications after application deadline date. 11. No refunds on special request applications after agenda deadline date. 12. No refunds on after-the-fact permits. (5) ....................................................................................................................... Permit Expiration c) 2. State Sanitary Permits expire two (2) years from the issuance date and may be renewed per State policy. 2. All other permits expire two (2) years from their issuance date. (5) Fee for Changes. Where a permit is needed for a change in a land use or a change in the use of an existing structure, the fee shall be the same as that needed to initiate that new land use or to construct a structure of that estimated Fair Market Value for that new use. (6) Sanitary Permit Fee. The fee for renewal of a sanitary permit shall be the same as the fee to issue a new sanitary permit for that type of private sewage system. **************************************************************************************************** Reference Document – Appendix A Bayfield County Planning and Zoning Fee Schedule LAND USE ADMINISTRATIVE REVIEW Residential Principal Structures (new, converted, replaced, relocated, additions/alterations) – first structure on lot, dwelling, residence, mobile home, etc. $0.75/square foot (minimum $125) Residential Accessory Structures (new, converted, replaced, relocated, additions/alterations) – detached garage, storage $0.50/square foot (minimum $75) 31 building, retaining walls, barns, etc. Commercial/Municipal Principal Structures (new, converted, replaced, relocated, additions/alterations) $0.75/square foot (minimum $125) Commercial/Municipal and Accessory Structures (new, converted, replaced, relocated, additions/alterations) $0.50/square foot (minimum $75) Shoreland Exempt Structures Boathouse - one story only $300 Open-sided/screened structures (gazebos, decks, patios, and screen houses) $215 Stairway to navigable waters $100 Sign (per sign) – except R-1, R-2, R-3 & R-4 districts, where the Special Use - Class A is required $100 Recreational Vehicle (RV) – placement more than 21 days but less than 4 months (Special Use Permit – Class A required for 4 months or more) $75 Temporary Permits $100 Return Inspection – site or property lines not staked by applicant/surveyor, stakes not visible, etc. $75 Land Use Revisions $25 SANITARY/POWTS REVIEW Certified Soil Tests – Review and Filing Fee $50 Private Sewage System (Septic Tanks) $400 Private Sewage System (Holding Tanks) $400 Mounds/Systems requiring Pre-Treatment/State Plan Review $500 Private Sewage System Reconnection and Private Interceptor $50 Sanitary Permit Transfer of Land Owner $25 Sanitary Revisions $25 Return Inspection $50 County Sanitary Permit* (not including required soil verification for a pit privy 1 2-5 6-9 10+ $150 $300 $450 $600 Portable Restroom (s) $50 Permit Renewal $Cost of Permit TOWN/PLANNING AND ZONING COMMITTEE/BOARD OF SUPERVISORS REVIEW Special Use Permit – Class A $250 Special Use Permit – Class B $400 Conditional Use Permit $500 Zoning Petition District Change/Rezone – Initial parcel $500 Zoning Petition District Change/Rezone – Each parcel in addition to the initial parcel. All additional parcels must be contiguous to the initial parcel. $150/additional parcel 32 Zoning Petition Text Change/Ordinance Amendment $600 Special Committee Meeting $600 + applicable application fee Refiling or Rehearing Equal to underlying application, as set forth in fee schedule LAND DIVISIONS REVIEW Subdivision Plat Preliminary Final Plat $500 $300+$15/lot Condo Plat $100/unit Certified Survey Map (CSM) Fee collected by Land Records. No review fee collected by Zoning. BOARD OF ADJUSTMENT REVIEW Variance or Appeal $1000 Refilings & Rehearings $1000 Limited Reopenings and Rehearings $1000 Special Board Meeting $600 + applicable application fee MISCELLANEOUS After-the-Fact – failure to obtain permit prior to start of project Triple Fee (possible citation) Photocopies/Faxes Photocopies Per Page Faxes-1st Page Faxes Each Additional Page $0.25+tax $1+tax $0.50+tax Open Records Staff time Copies $25/hour ($15 minimum) $0.25/page Land Use Regulations Booklet Cost+postage On-site Consultation – navigability determination, Ordinary High-Water Mark (OHWM) determination, wetland determination, etc. $250 Floodplain $100 Shoreland Impervious Surface Non-Conforming, etc. $25 $100 Tower Siting/Collocation 1 $3000 Tower Collocation 2 $500 Metallic Mine $50,000 Non-Metallic Mine (requires Conditional Use Permit) $500 Zoning Compliance Letter $50 **************************************************************************************************** 33 Section 2. Subsection (a)(5)b. 3. 4. 8, 11 & 14 [Shoreline Setbacks; Boathouse] of Section 13-1-22 [Setbacks and Height Restrictions] of Article B [General Provisions]; of Chapter 1 [Zoning Code] of Title 13 [Zoning] of the Code of Ordinances, Bayfield County, Wisconsin is hereby “amended” “deleted” “recreated” and “renumbered” to read as follows, with additions highlighted by the double underline feature (additions) and deletions highlighted by the double strike- through (deletions) and: Sec. 13-1-22 Setbacks and Height Restrictions. (a)(5) b. 3. 4. 8. 11. & 14 b. Boathouse. 3. A Boathouse shall not be equipped with a potable water supply, fireplaces, patio doors, food preparation equipment, furniture or any features inconsistent with the use of the structure exclusively as a boathouse. No boathouse shall have glass doors or access openings more than one-third transparent. d) 4. A Boathouse shall have a gable roof with eaves not to exceed 24 inches and ranging in pitch from a minimum of 4:12 (rise to run) to a maximum of 6:12 (rise to run). 8. A Boathouse shall not exceed one story. Maximum height from the boathouse floor to the top of the side wall shall not exceed 10 feet. The footprint shall not exceed 400 200 250 square feet including eaves. 11. A Boathouse must use exterior building materials or and treatments that are inconspicuous and blend with the natural setting of the site. 14. Within a boathouse an overhead storage area will be permitted. Said area shall not span the entire footprint of the structure, shall not exceed 50 percent of the floor area, shall not contain any walls, doors, and/or windows and shall have a minimum of one open side to area below. Additionally, the height of the loft shall be lesser than seven feet in height measured from clear vertical distance between finished floor and the bottom of the rafters at the peak. 34 Section 3. Except as specifically modified and amended by this ordinance, the Bayfield County Code of Ordinance shall remain in force and effect exactly as originally adopted and previously amended. All ordinances or parts of ordinances inconsistent with or in contravention of the provisions of this ordinance are hereby repealed. Section 4. SEVERABILITY. If a court of competent jurisdiction adjudges any section, clause, provision, or portion of this ordinance unconstitutional or invalid, the remainder of this ordinance shall not be affected thereby. Section 5. EFFECTIVE DATE. This ordinance shall take effect and be in full force from and after its passage. NOTE: The Planning and Committee requested changes be made to the existing language presented at the January 18, 2024, meeting. See Red Lettering and Yellow Highlighting Ruth Hulstrom, Zoning Administrator shared that Bayfield County Planning and Zoning Department has not had a comprehensive fee update in years (not including fees that are specifically set by the State of Wisconsin). Ruth explained that the new fee schedule will move away from a fair market value calculation to adopting a per square foot fee calculation. Motion by Strand to approve Amendatory Ordinance 2024-01, seconded by Oswald. Motion carried, 10-0, 3 absent. Bayfield County Resolution No. 2024-13, Authorizing Fee Schedule in the Planning and Zoning Department: WHEREAS, the Bayfield County previously had a fee schedule setting forth fees for the issuance of permits, the conducting of inspections, review and processing of applications and other work facilitated by the Planning and Zoning Agency that was codified in the Bayfield County Code of Ordinances; and WHEREAS, it has historically been deemed necessary and appropriate to amend the fees for permits, the conducting of inspections, review and processing of applications and other work facilitated by the Planning and Zoning Agency; and WHEREAS, it is deemed more expedient to modify the fee schedule for permits, the conducting of inspections, review and processing of applications and other work facilitated by the Planning and Zoning Agency by amending a fee schedule that is not codified as part of the Bayfield County Code of Ordinances when modification is authorized by the Bayfield County Board of Supervisors; and WHEREAS, the Bayfield County Planning and Zoning Committee has reviewed the proposed fee schedule and agrees that this fee schedule reflects the current appropriate fees for permits, the conducting of inspections, review and processing of applications and other work facilitated by the Planning and Zoning Agency; 35 NOW THEREFORE BE IT RESOLVED, that the Bayfield County Board of Supervisors assembled this day of , 2024. does hereby authorize the following fee schedule as the current fees for the listed services related to permits, the conducting of inspections, review and processing of applications and other work facilitated by the Planning and Zoning Agency: Reference Document- Appendix A Bayfield County Planning and Zoning Fee Schedule LAND USE ADMINISTRATIVE REVIEW Residential Principal Structures (new, converted, replaced, relocated, additions/alterations) – first structure on lot, dwelling, residence, mobile home, etc. $0.75/square foot (minimum $125) Residential Accessory Structures (new, converted, replaced, relocated, additions/alterations) – detached garage, storage building, retaining walls, barns, etc. $0.50/square foot (minimum $75) Commercial/Municipal Principal Structures (new, converted, replaced, relocated, additions/alterations) $0.75/square foot (minimum $125) Commercial/Municipal and Accessory Structures (new, converted, replaced, relocated, additions/alterations) $0.50/square foot (minimum $75) Shoreland Exempt Structures Boathouse - one story only $300 Open-sided/screened structures (gazebos, decks, patios, and screen houses) $215 Stairway to navigable waters $100 Sign (per sign) – except R-1, R-2, R-3 & R-4 districts, where the Special Use - Class A is required $100 Recreational Vehicle (RV) – placement more than 21 days but less than 4 months (Special Use Permit – Class A required for 4 months or more) $75 Temporary Permits $100 Return Inspection – site or property lines not staked by applicant/surveyor, stakes not visible, etc. $75 Land Use Revisions $25 SANITARY/POWTS REVIEW Certified Soil Tests – Review and Filing Fee $50 Private Sewage System (Septic Tanks) $400 Private Sewage System (Holding Tanks) $400 Mounds/Systems requiring Pre-Treatment/State Plan Review $500 Private Sewage System Reconnection and Private Interceptor $50 Sanitary Permit Transfer of Land Owner $25 Sanitary Revisions $25 Return Inspection $50 County Sanitary Permit* (not including required soil verification for a pit privy 1 $150 36 2-5 6-9 10+ $300 $450 $600 Portable Restroom (s) $50 Permit Renewal $Cost of Permit TOWN/PLANNING AND ZONING COMMITTEE/BOARD OF SUPERVISORS REVIEW Special Use Permit – Class A $250 Special Use Permit – Class B $400 Conditional Use Permit $500 Zoning Petition District Change/Rezone – Initial parcel $500 Zoning Petition District Change/Rezone – Each parcel in addition to the initial parcel. All additional parcels must be contiguous to the initial parcel. $150/additional parcel Zoning Petition Text Change/Ordinance Amendment $600 Special Committee Meeting $600 + applicable application fee Refiling or Rehearing Equal to underlying application, as set forth in fee schedule LAND DIVISIONS REVIEW Subdivision Plat Preliminary Final Plat $500 $300+$15/lot Condo Plat $100/unit Certified Survey Map (CSM) Fee collected by Land Records. No review fee collected by Zoning. BOARD OF ADJUSTMENT REVIEW Variance or Appeal $1000 Refilings & Rehearings $1000 Limited Reopenings and Rehearings $1000 Special Board Meeting $600 + applicable application fee MISCELLANEOUS After-the-Fact – failure to obtain permit prior to start of project Triple Fee (possible citation) Photocopies/Faxes Photocopies Per Page Faxes-1st Page Faxes Each Additional Page $0.25+tax $1+tax $0.50+tax Open Records Staff time Copies $25/hour ($15 minimum) $0.25/page Land Use Regulations Booklet Cost+postage 37 On-site Consultation – navigability determination, Ordinary High-Water Mark (OHWM) determination, wetland determination, etc. $250 Floodplain $100 Shoreland Impervious Surface Non-Conforming, etc. $25 $100 Tower Siting/Collocation 1 $3000 Tower Collocation 2 $500 Metallic Mine $50,000 Non-Metallic Mine (requires Conditional Use Permit) $500 Zoning Compliance Letter $50 Jeff Silbert noted that approving this will make it easier to change fees going forward. Motion by Strand to approve Resolution No. 2024-13, seconded by Rautio. Motion carried, 10-0, 3 absent. Bayfield County Resolution 2024-14; 2024 Bayfield County Fund Balance Assignments: WHEREAS, Bayfield County has a fund balance policy stipulating a minimum of 25% of unassigned funds to be on hand in case of emergency; and, WHEREAS, fund balance assignments allocate funds to specific projects in the future; and, WHEREAS, assignments help the county plan for upcoming projects; NOW THEREFORE BE IT RESOLVED, that the Bayfield County Board of Supervisors assembled this 30th day of January 2024, does hereby allocate the following fund balance assignments: • $2,500,000 – Five-Year Highway Funding Plan ($500,000 year, 2025-2029) • $750,000 – Compensated Balances • $1,000,000 – Courthouse/Annex Buildings Roof Repairs • $150,000 – Unreimbursed Delinquent Taxes • $100,000 – Grand View Garage • $1,000,000-HVAC Projects, boilers, ducting • $500,000-Business Park Infrastructure Total: $6,000,000 Abeles-Allison stated that the auditors like to see notes on how the county plans to allocate fund balances. He also indicated that the items must be approved before dispersing the funds. Motion by Rekemeyer to approve Resolution 2024-14, seconded by Sandstrom. Roll Call Vote: Sandstrom – Yes; Dougherty – Yes; Fickbohm – Absent; Ray – Absent; Oswald – Yes; Silbert – Yes; Pocernich – Yes; Strand – Yes; Rautio – Yes; Milanowski – Yes; Rekemeyer – Yes; Crandall – Yes; Rondeau – Absent. Total: 10 – Yes; 0 – No; 3 Absent. Motion carried. 38 Appointment to Bayfield County Housing Authority, Kim Hamilton: Motion by Oswald, to appoint Kim Hamilton Bayfield County Housing Authority, seconded by Silbert. Motion carried, 10-0, 3 absent. Appointments to the Ad Hoc Emergency Medical Committee: A list of appointees was made available to the board. Abeles-Allison indicated that an EMS study is needed to help find solutions for the on-going shortages of staff and volunteers. The committee is expected to be needed for all of 2024. It is hoped to have the results of the study by summer and budget time. Motion by Oswald to approve continuing the Ad Hoc Emergency Medical Committee and to approve the list of appointees to the committee, seconded by Rautio. Motion carried, 10-0; 3 Absent. Comprehensive Plan Implementation: Abeles-Allison indicated that now is the time to start looking at implementing the 18-month long planning process for the comprehensive plan and to execute our goals by turning them into actions and completions. Reports a) Future County Board Meeting Dates: a. February 27, 2024 b. March 26, 2024 c. April 16, 2024 – statutory requirement: starts at 8:30 a.m. in Court Room b) Iron River, Write in Candidate Calendar: Iron River has no candidate running for Bayfield County Supervisor. Divine indicated that an individual can still run as a Registered Write-In by submitting a Campaign Finance Registration Statement to her by Noon on March 29th. c) Bayfield Wireless Annual Report d) Bayfield County Housing Authority, 4th Quarter Report: Bayfield County Housing Authority applied for a WHEDA grant and received a $50,000 to replace the roof on one of the buildings, and a $34,100 grant for updating a heating system. The projects are expected to be completed by the end of the year. e) February ATV and County Highway Consideration: The ATV County Highway ordinance amendment will be on the February meeting agenda. f) Joint Dispatch Update: Meagan Quaderer, Emergency Management Director stated that they are in the process of getting the new equipment. She also stated they are in the process of hiring a director with the hopes of going live around September 1st of this year. Supervisors’ Reports: Oswald shared that the Sheriff’s department now has fully functioning dash and body cameras. Strand also shared that the Sheriff’s department has a new K9 in training. Dennis Pocernich shared that there are openings on the Board of Adjustments and to spread the word. Closed Session: Motion by Crandall, at 7:32 p.m., to enter into Executive Session, seconded by Milanowsk. Motion carried, 10-0, 3 absent. 39 Discussion took place regarding approval of Minutes, November 14, 2023 and December 12, 2023 Closed Session, Discussion regarding renegotiating Northern Lights Health Services Lease, and County Administrator Evaluation and Contract. Return to Open Session: There being no further business to conduct in Executive/Closed Session, a motion was made by Milanowski, seconded by Fickbohm to return to Open Session at 7:53 p.m. Motion carried, 10-0, 3 absent. Adjournment: There being no further business to discuss, Pocernich adjourned the meeting upon resuming Open Session (7:53 p.m.). Respectfully submitted, LYNN M. DIVINE Bayfield County Clerk LMD/AMB