Minutes of the meeting of the Sawyer County Board of Supervisors

Thursday, May 20, 2010, 6:30 p.m., Large Courtroom, Sawyer County Courthouse

Chairman Hal Helwig called the May meeting of the Sawyer County Board of Supervisors to order.  Roll call was as follows:

The agenda for the meeting was presented as follows:

01.   Call to order, roll call, Pledge of Allegiance, meeting agenda

02.   Minutes of the meeting of April 20, 2010 and the meeting of May 5, 2010

03.   Wisconsin Indianhead Technical College presentation

04.   County Board committee and representative appointments and meeting schedule

05.   Zoning Committee report, including:

·         petitions for change of zoning for parcels in the Town of Edgewater and the Town of Winter

·         amendment to section 4.411 Land Disturbing Activities within Shoreland Areas

06.   Forestry Committee report, including:

·         resolution regarding closure of Hayward State Nursery

·         resolution supporting Sawyer County’s participation in Utility Terrain Vehicle Pilot Program

07.   Property and Airport Committee report, including:

·         Airport improvement project finding of no significant impact and project funding

·         Six Year Sawyer County Airport improvement plan

08.   Courthouse Committee report, including:

·         Land Records Modernization Plan for 2010-2015

·         parcel mapping for Township 38 North, Range 9 West

09.   Public Safety Committee report, including:

·         memorandum of understanding for Lac Courte Oreilles license plates

·         agreement with Advanced Correctional Healthcare for inmate health services

·         alternative energy project for Veterans Service Building

·         2011-2014 compensation for Coroner position

·         death certificate and cremation certificate fees

10.   Finance Committee report, including:

·         transfer of funds for over-expended account

·         establishment of new bank account at Peoples Bank of Wisconsin

11.   Personnel and Administrative Committee report, including:

·         updates to Personnel Administrative Policies

·         contract with Northwest Regional Planning Commission for 2011 Human Resource Manager

12.   May 27, 2010 meeting with LCO Tribal Governing Board

13.   Correspondence, reports from conferences and meetings, other matters for discussion only

14.   Closed session, pursuant to section 19.85(1)(e), Wisconsin Statutes, regarding a proposed agreement with the professional employee bargaining unit regarding the elimination of a position from the bargaining unit.

Motion by Kinsley, 2^nd by Johnson, to approve the meeting agenda as presented.  Motion carried.

Motion by Kinsley, 2^nd by Maki, to approve the minutes of the meeting of April 20, 2010 and the meeting of May 5, 2010.  Motion carried.

County Board Chair Hal Helwig introduced Wisconsin Indianhead Technical College (WITC) President Dr. Robert M. Meyer.  Dr. Meyer presented information about WITC, including its four campuses and branch locations and its educational opportunities, programs, partnerships, enrollment, and utilization by residents of Sawyer County.

County Board Chair Hal Helwig presented the following committee and representative appointments (revised from May 5, 2010 County Board meeting):

Motion by Bassett, 2^nd by Zietlow, to approve the above appointments.  Motion carried.

The Board reviewed an updated listing of appointments to the Sawyer County Health and Human Services Board and to the Sawyer County Highway Traffic Safety Committee.

The Board reviewed the following tentative schedule for County Board and committee meetings:

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Meetings of the County Board shall be held on the 3^rd Thursday of every month, with the exception being the November meeting, which shall be held the 1^st Tuesday after the 2^nd Monday of November and the April meeting, which shall be held the 3^rd Tuesday of the month.  All meetings are at 6:30 p.m.

Committee meetings each month shall be as follows:

Finance Committee – the 13th or the nearest working day if the 13^th is not on a working day – 8:30 a.m.

Public Safety Committee – the 1st working day preceding the Finance Committee meeting – 9:00 a.m.

Zoning and Conservation Committee – the 2nd working day preceding the Finance Committee meeting – 9:00 a.m.

Health and Human Services Board – the 2nd working day preceding the Finance Committee meeting – 6:30 p.m.

Property and Airport Committee – the 3rd working day preceding the Finance Committee meeting – 7:00 a.m.

Highway Committee – the 3rd working day preceding the Finance Committee meeting – 7:00 p.m.

Agriculture and Extension Education Committee (8:30 a.m.) and Forestry Committee (9:30 a.m.) the 4th working day preceding the Finance Committee meeting

Courthouse Committee – the 4th working day preceding the Finance Committee meeting – 7:00 p.m.

Economic Development and Planning Committee – the 5th working day preceding the Finance Committee meeting – 9:00 a.m.

Personnel-Administrative Committee – the 1st working day after the Finance Committee meeting – 8:30 a.m.

Zoning Committee – the 3rd Friday (8:30 a.m.)

Evening committee meetings that fall on a Friday will be scheduled for a different evening.  This may result in a shift of other meetings.

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Motion by Maki, 2^nd by Kinsley, to approve the tentative schedule of meetings.  Motion carried.

Zoning and Conservation Department Director Dale Olson presented the following report:

The Sawyer County Zoning Committee, having held a public hearing on April 16, 2010, pursuant to Section 59.69 (5) (e), Wisconsin Statutes, notice thereof having been given as provided by law and being duly informed of the facts pertinent to the proposed changes, hereby recommends that the petitions described as follows be approved:

TOWN OF EDGEWATER

1)  Linda Zillmer. Part of Gov’t Lot 1, lying west of County Highway F, S 7, T 37N, R 9W, Parcel :1.1 and Part of Gov’t Lot 1 and the NW1/4 of the NE 1/4, Lot D, being Part of the SE 1/4 NE 1/4, S 18, T 37N, R 9W, Parcels :1.1, :1.2, :1.5, .2.1, and .4.2.  Volume 519 Records Page 116, Volume 684 Records Page 221, Doc #324793; CSM Volume 1 Page 121.  117.66 total acres, except that part below the ordinary high water mark of Thomas Lake.

Change from Dist: Residential/Recreational One (RR-1) and Forestry One (F-1) to Dist: Agricultural One (A-1) with the applicant’s following conditions/ restrictions:

1. Livestock will have no access to the waters of Lake Chetac and Thomas Lake and adjacent wetlands.

2. Applicant/owner will waive the right to the permitted uses of a farm for the    purpose of the disposal of offal.

3. Applicant/owner will not seek and will prohibit the Conditional Uses for the location, operation and maintenance of municipal sanitary landfills, solid waste disposal sites, sewage disposal plants and the necessary appurtenant equipment/structures subject to the provisions of the Wisconsin Administrative Code.

4. Applicant/owner will not seek Conditional Use Permits for slaughterhouses, rendering and fertilizer plants.

5. Applicant/owner will prohibit public and semi-public uses as provided under the Conditional Uses listed in Paragraph 4) under the A-1 Zone District. 

OR

Change from District: Residential/Recreational One (RR-1) and Forestry One (F-1) to District: Agricultural Two (A-2) with the applicant’s following conditions/restrictions:

1. Livestock will have no access to the waters of Lake Chetac and Thomas Lake and adjacent wetlands.

2. Applicant/owner will waive the right to, and will prohibit the permitted public and semi-public uses as provided under the Permitted Uses listed in Paragraph 10) of the A-2 Zone District.

3. Applicant/owner will prohibit public and semi-public uses as provided under the Conditional Uses listed in Paragraph 15) under the A-2 Zone District.

4. Applicant/owner will not seek and will prohibit the Conditional Uses for the location, operation and maintenance of municipal sanitary landfill, solid waste disposal sites, sewage disposal plant and the necessary appurtenant equipment/structures subject to the provisions of the Wisconsin Administrative Code.

Purpose of request is to correct the zone districts incorrectly imposed by the 1971 Sawyer County Comprehensive Zoning Amendment to reflect the historic, actual and uninterrupted general farming use established prior to zoning and the comprehensive zoning amendment. Ag 1 is consistent with adjacent Ag 1 zoning of Zimmer property. The Town Board has denied the application with additional comments.

The Zoning Committee approved a motion to incorporate the conditions into the rezone request and to follow the five (5) conditions in the first half of the application and the four (4) conditions listed in the bottom half of the application listed above. The additional conditions placed on the amended application are:

5. No more than 15 head of cattle present on the property for the first two years.

6. No livestock allowed within 100 feet of the ordinary high water mark of Thomas Lake, Lake Chetac and wetlands.

7. Cattle would be allowed on the east side of County F only during September and October with no wintering of cattle on the east side of County F.

8. Owner/applicant shall be allowed to come back with a petition to modify the conditions to allow for additional livestock after two years.

9. No pigs or hogs shall be allowed on the property.

The Zoning Committee approved a motion to amend the application so that the maximum number of animals shall be limited to one animal per two (2) acres after the initial two year phase-in period. 

The Zoning Committee approved a motion to amend the application so that the rezone only applies to the west side of County F.

The Zoning Committee approved a motion to approve the rezone to Agriculture One to include all the amendments that have been presented. The amendments relating to the cattle crossing and the grazing in September and October will no longer be part of the application approval.

Findings of Fact (of the Zoning Committee): It would not be damaging to the rights of others or property values as long as it remains on the west side of the road. It is compatible with the surrounding land uses. We have agriculture directly adjacent to this. It would not create any runoff, drainage or erosion problems. It won’t create any traffic problems because there isn’t going to be any cattle moving across the road.

Motion by Bassett, 2^nd by Zietlow, to deny changing the zoning of the Zilmer property as the change would not be in conformity with the Town of Edgewater Comprehensive Plan and is contrary to the recommendation of the Town of Edgewater Board of Supervisors.

Attorney Glenn Stoddard, on behalf of Linda Zilmer, and Linda Zilmer, on her own behalf, indicated that the conditions included with the Zoning Committee recommendation to approve the change of zoning are not acceptable to Ms. Zilmer, and requested that the Board either approve the change of zoning with the conditions submitted by Ms. Zilmer or deny the zone change requested.

Town of Edgewater Supervisors Pete Baribeau spoke in opposition to the change of zoning.

Town of Edgewater Comprehensive Planning Board member and Lake Chetec Association Secretary Sandy Raby spoke in opposition to the change of zoning.

Town of Edgewater resident Tom Raby spoke in opposition to the change of zoning.

The roll call vote on the motion to deny changing the zoning of the Zilmer property was as follows:  McCoy – no; Maki – yes; Jaeger – absent; Zietlow – yes; Pearson – yes; Duffy – yes; Paulsen – no; Gundersen – yes; Helwig – yes; Bassett – yes; Kinsley – no; Olson – yes; Thompson – no; Johnson – yes; Schleeter – yes.  The motion carried with 10 voting yes and 4 voting no.

TOWN OF WINTER

2) Richard J. Roppe et al. The W 1/2 of the NW 1/4 SW 1/4, S15, T 39N, R 5W; Part of Parcel 3201 (10.1). Doc# 344162. Approximately 20 acres to be rezoned out of the total 40 acres. Change from district Forestry One (f-1) to district Agricultural One (A-1) for the purpose of conforming with surrounding zone district and to allow the raising of white tail deer for sale. The Town Board has approved. DO reads the application into the record. Presents the maps and reads the Town Board decision. Four letters were sent out, of those 2 came back with no objection, 1 with objection with additional comments.

The Committee recommends approving the application with the condition that there shall be a maximum of 200 deer on the property. Applicants can come back at a later date to ask for an increase in that number.  Findings of Fact: It would not be damaging to the rights of others or property values. It would not create traffic or highway access problems. It would be compatible with the surrounding uses and the area.

Motion by Bassett, 2^nd by Thompson, to approve the Zoning Committee recommendation.  Motion carried.

Zoning and Conservation Department Director Dale Olson presented the following report:

The Sawyer County Zoning Committee, having held a public hearing on April 16, 2010, pursuant to Section 59.69 (5) (e), Wisconsin Statutes, notice thereof having been given as provided by law and being duly informed of the facts pertinent to the proposed changes, hereby recommends that the petitions described as follows be approved:

PROPOSED AMENDMENT TO SECTION 4.411 LAND DISTURBING ACTIVITIES WITHIN THE SHORELANDS AREA

Page 26

Reads:

4.411 LAND DISTURBING ACTIVITIES WITHIN THE SHORELANDS AREA.

INTRODUCTION: Land disturbing activities may require notification, or County, State or Federal permits.  Improper land disturbing activities can result in increased shoreline erosion and waterway sedimentation.

FILLING, GRADING, LAGOONING, DREDGING, DITCHING, EXCAVATING

1) General standards. Filling, grading, lagooning, dredging, ditching, or excavating which does not require a permit under Section 4.411(2) may be permitted in the shoreland area provided that:

                (a)      It is done in a manner designed to minimize erosion, sedimentation and

   impairment of fish and wildlife habitat.

               (b)      Filling, grading, lagooning, dredging, ditching, or excavating in a

wetland/shoreland district meets the requirements of Section 17.9 and of this               ordinance.

                (c)      All applicable federal, state, and local authority is obtained in addition to a

   permit under this ordinance.

               (d)      Any fill placed in the shoreland area is protected against erosion by the use of

    rip-rap, vegetative cover, or a bulkhead.

2) Permit required, except as provided in Section 4.411(3). A land use permit is required:

(a)   For any filling or grading of any area within 300 feet of the ordinary high-

water mark of navigable water that exceeds 10,000 square feet in area.  Filling and grading shall include all exposed soil regardless of its source. Examples of exposed soil would include, but would not be limited to, soils exposed by any of the following activities: driveways, septic system installation, excavation for building sites and the depositing of spoils, the depositing/hauling in of soils/fill/gravel, placement of topsoil  etc.

(b)   For any construction or dredging commenced on any artificial waterway, canal, ditch, lagoon, pond, lake, or similar waterway which is within 300 feet landward of the ordinary high-water mark of a navigable body of water and where the purpose is the ultimate connection with a navigable body of water would also require the prior approval of a conditional use permit. (Proposed changes are in bold):

Motion by McCoy, 2^nd by Paulsen, to approve the Zoning Committee recommendation to approve the amendments.  Motion carried.

Sawyer County Forest Administrator Greg Peterson presented, explained, and answered questions about the following resolution:

RESOLUTION #5-2010

REGARDING THE CLOSURE OF THE HAYWARD STATE NURSERY

     RESOLVED by the Sawyer County Board of Supervisors that the following is in the best interest of Sawyer County; and

     WHEREAS, Sawyer County, Wisconsin has a thriving economy in the timber and recreational lands industry; and

     WHEREAS, residents and industrial forests plant approximately 300,000 trees in the County annually; and

     WHEREAS, statistics show the performance of the Hayward nursery equal or surpass the nurseries in Boscobel and Wisconsin Rapids; and

     WHEREAS, seedling stock performs well when grown in the same hardiness zone and other State nurseries are located much further south; and

     WHEREAS, many Lac Courte Oreilles Tribal members supplement their incomes with the gathering of cones, acorns, and seeds to sell to the nursery; and

     WHEREAS, the nursery provides 60 seasonal jobs, 7 LTE (limited term positions) and 5 full time positions, and adds to the allure of the Hayward area; then

     NOW, THEREFORE BE IT RESOLVED, Sawyer County protests the closure of the State nursery in Hayward and requests it remain open.

Motion by Bassett, 2^nd by Johnson, to approve RESOLUTION #5-2010.  Motion carried by unanimous voice vote.

Sawyer County Forest Administrator Greg Peterson presented, explained, and answered questions about the following resolution:

RESOLUTION #6-2010

SUPPORTING SAWYER COUNTY’S PARTICIPATION IN THE

UTILITY TERRAIN VEHICLE PILOT PROGRAM

     WHEREAS, due to increasing interest in the use of utility terrain vehicles (UTVs) on all-terrain vehicle (ATV) routes and trails; and

     WHEREAS, the “Utility terrain vehicle Pilot Program” (Pilot Program), 2009 Wisconsin Act 175, was signed into law by Governor James Doyle and became effective on March 15, 2010; and

     WHEREAS, if a county elects to participate in the Pilot Program, the governing body of the county shall adopt a resolution to that effect, in strict conformity to s. 23.33, Wis. Stats.; and 

     WHEREAS, if a county adopts such a resolution, the resolution shall apply to all of the cities, villages and towns (municipalities) within the county unless the governing body of a municipality adopts an resolution that provides that the municipality will not participate in the Pilot Program; and

     WHEREAS, the governing body of each participating county or municipality may withdraw from the pilot program before July 1, 2012, by adopting a resolution to that effect; and

     WHEREAS, if a county or municipality adopts a resolution, its clerk shall immediately send a copy of the resolution to the Department of Natural Resources, ATV Administrator, 101 S. Webster St., Madison, WI 53707-7921 and also to the office of any law enforcement agency of municipality or county having jurisdiction over any all-terrain vehicle route or trail designated as open to UTVs.

     THEREFORE, BE IT RESOLVED that the Sawyer County Board of Supervisors approves allowing UTVs to use Sawyer County all-terrain vehicle trails and routes as well as all municipal ATV routes, unless a municipality prohibits such operation by resolution.

Motion by Bassett, 2^nd by Johnson, to approve RESOLUTION #6-2010.  Motion carried.

Property and Airport Committee Chair Fred Zietlow reported that Wisconsin Bureau of Aeronautics Project Manager Matt Malicki informed the Property and Airport Committee that the Finding of No Significant Impact for the Environmental Assessment document for the improvement project at the Sawyer County Airport (that includes the installation of an instrument landing system) has now been approved and signed.  Mr. Malicki presented the Committee with information concerning plans for acquisition of the real estate necessary to proceed with the Airport improvement project and the options for financing the acquisitions and the project costs, including federal and state project loans.  Mr. Malicki confirmed that he would advise Sawyer County concerning any steps necessary to proceed with the project, information about state and federal funding for the project, and projections for the funds that Sawyer County will need to provide towards the expenses of the project. 

Property and Airport Committee Chair Fred Zietlow presented the Committee recommendation to approve the following resolution:

RESOLUTION #7-2010

STATEMENT OF AIRPORT PROJECT INTENTIONS

     RESOLVED, by the Sawyer County Board of Supervisors that the following list of proposed improvements are in the best interest of the Sawyer County Airport; and

     WHEREAS, Wisconsin Statutes require a Statement of Project Intentions from airport owners contemplating federal and/or state aid within the next six year; and;

     WHEREAS, this Six Year Statement of project Intentions is used by the Department of Transportation, Bureau of Aeronautics for planning and budgeting purposes and is not a petition for federal and/or state aid; and;

     NOW, THEREFORE, BE IT RESOLVED that the Sawyer County Board of Supervisors contemplates requesting federal and/or state aid for the projects listed on the attached schedule of airport improvements.

[The list of proposed improvements includes the projects already listed by the Wisconsin Bureau of Aeronautics for 2010 through 2014 and adds construction of a new terminal building and a connected terminal transient hangar for the year 2015 to the project list.]

Motion by Bassett, 2^nd by Zietlow, to approve the recommendation.  Motion carried.  Warren Johnson voted no.

Courthouse Committee Chair Dale Schleeter presented the Committee recommendation to approve a proposed Sawyer County Land Records Modernization Plan for 2010-2015 which Land Records Department Director Robyn Thake prepared.  The plan is updated every 5 years and is required in order to retain a portion of the document recording fees by the Register of Deeds office and to qualify for State of Wisconsin grants for the County’s land records modernization expenses.  Motion by McCoy, 2^nd by Kinsley, to approve the recommendation.  Motion carried.

Courthouse Committee Chair Dale Schleeter presented the Committee recommendation to approve a proposed contract with Point North Mapping for the digital parcel mapping of Township 38 North, Range 9 West (the south portion of the Town of Sand Lake and the north portion of the Town of Edgewater).  The project cost is estimated at $18,362.50 ($12.50 per parcel x 1,469 estimated parcels).  Motion by Kinsley, 2^nd by Bassett, to approve the recommendation.  Motion carried.

Public Safety Committee Chair Fred Zietlow presented the Committee recommendation to approve a memorandum of understanding between Sawyer County, the Sawyer County Sheriff’s Department, and the Lac Courte Oreilles Band of Lake Superior Chippewa Indians (LCO) for monitoring tribal motor vehicle registration.  Sawyer County Chief Deputy Bridgette Kornbroke had advised the Public Safety Committee that the agreement provides for LCO to pay the Sawyer County Sheriff’s Department $400 per month for services related to use of LCO license plates.  Motion by Olson, 2^nd by Maki, to approve the recommendation.  Motion carried.

Public Safety Committee Chair Fred Zietlow presented the Committee recommendation to approve an agreement with Advanced Correctional Healthcare to provide professional and responsive healthcare services to the inmates of the Sawyer County Jail.  The Personnel and Administrative Committee concurs with the recommendation.  Motion by Bassett, 2^nd by Zietlow, to approve the recommendation.  Motion carried.

Public Safety Committee Chair Fred Zietlow presented the Committee recommendation to approve the installation of a solar alternative energy system for the Veterans Service Building with a total cost of $21,340.  Funds for the project would come from grant funds restricted to improvements for the benefit of veterans.  Maintenance Department Supervisor Dennis Erickson had informed the Public Safety Committee that the County would receive a rebate of an unknown amount from the Focus on Energy program and that unused power would be sold to the power company.  Motion by Bassett, 2^nd by Johnson, to approve the recommendation.  Motion carried by unanimous voice vote.

Human Resource Manager Carol Larson presented the Personnel and Administrative Committee recommendation for approval to establish the compensation for the Coroner position for 2011 through 2014 as follows:

• The base salary of the Coroner shall be established at $1,000 annually from January 1, 2011, to December 31, 2014, for coordinating the on-call schedule, record keeping, developing standard operating guidelines, training of deputies, follow-up on cases, and attending meetings;
• In addition to the base salary, the elected Coroner or the appointed Deputy Coroner(s) shall receive the following payments:
  • $1.00 per hour to the one (1) individual designated to be on-call;
  • $100 per death certificate issued
  • $ 50 per cremation certificate issued
  • $ 16 per hour for time spent on transfers for having autopsies performed, attending approved training, or for attending court when required
• There shall be no benefits associated with the positions of elected Coroner or appointed Deputy Coroner except those required by Statute or law.

Motion by McCoy, 2^nd by Johnson, to approve the recommendation.  Motion carried.

Motion by McCoy, 2^nd by Schleeter, to establish a fee of $100 for issuance of a death certificate and a fee of $50 for issuance of a cremation certificate.  Motion carried.

The Board reviewed a report of accounts in the General Fund of the 2009 Sawyer County Budget with expenditures that exceeded their appropriation as follows:

Motion by Bassett, 2^nd by Schleeter, to approve the Finance Committee recommendation for funds to be transferred from the following accounts in the General Fund of the 2009 Sawyer County Budget to the above accounts to eliminate the deficit in those accounts:

 Motion carried.

The Board reviewed the Finance Committee’s recommendation to approve County Treasurer Dianne Ince’s request for approval to establish an additional account at Peoples Bank of Wisconsin for the investment of County funds.  Motion by Schleeter, 2^nd by Bassett, to approve the recommendation.  Motion carried.

Human Resource Manager Carol Larson distributed a draft of amended Sawyer County Personnel Administration Policies.  The most significant of the amendments would be the adoption of a comprehensive Family and Medical Leave Act policy for Sawyer County.  Motion by McCoy, 2^nd by Bassett, to table consideration of the amended Sawyer County Personnel Administration Policies for review and consideration at the June meeting of the County Board.  Motion carried.    

The Board reviewed the Personnel and Administrative Committee recommendation to renew the agreement with the Northwest Regional Planning Commission for the services of a Human Resource Manager for the year 2011.  Motion by Kinsley, 2^nd by Johnson, to approve renewing the agreement.  Motion carried.

The Board reviewed a proposed agenda for a joint meeting of the Sawyer County Board of Supervisors and the LCO Tribal Governing Board scheduled for Thursday, May 27, 2010, beginning at 6:30 p.m.

Motion by Kinsley, 2^nd by Bassett, to convene into closed session, pursuant to section 19.85 (1) (e), Wisconsin Statutes, concerning a proposed agreement with the professional employee bargaining unit regarding the elimination of a position from the bargaining unit.  Motion carried by unanimous voice vote.

[Minutes of closed sessions are kept in a confidential file in the County Clerk’s Office.]

Motion by Bassett, 2^nd by Kinsley, to reconvene into open session.  Motion carried.

Motion by Bassett, 2^nd by Kinsley, to adjourn the meeting.  Motion carried.