Meeting Agendas & Minutes

County Board 10/20/2011

Last Updated 12/20/2011 10:32:59 AM


minutes of the meeting of the Sawyer County Board of Supervisors

Thursday, October 20, 2011, 6:30 p.m., Assembly Room, Sawyer County Courthouse

 

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

present

district

supervisor - T = Town, V = Village, C = City, W = Ward

x

01

Dale Schleeter – T of Lenroot W 1 and 2

x

02

Kathy McCoy – T of Lenroot W 3, T of Round Lake W 1, T of Spider Lake

x

03

Ken Maki – T of Hayward W 3 and 4

x

04

Walter Jaeger – T of Hayward W 1 and 2

x

05

Fred Zietlow – T of Hayward W 5 and 6

x

06

Dean Pearson – C of Hayward W 1 and 2

x

07

Thomas W. Duffy – C of Hayward W 3 and 4

x

08

Bruce Paulsen – T of Bass Lake W 1 and 2

x

09

Charles Gundersen – T of Bass Lake W 3 and 4

x

10

Hal Helwig – T of Couderay W 2, T of Sand Lake

x

11

James Bassett – T of Couderay W 1, T of Edgewater, T of Meteor, V of Couderay

x

12

Ron Kinsley – T of Hunter W 2, T of Ojibwa, T of Radisson W 1, V of Radisson

x

13

Melvin Olson – T of Draper, T of Hunter W 1, T of Round Lake W 2, T of Winter W 2

x

14

Dale Thompson – T of Meadowbrook, T of Radisson W 2, T of Weirgor, V of Exeland

x

15

Warren Johnson – T of Winter W 1, V of Winter

 

The agenda for the meeting was presented as follows:

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

02.   Minutes of the meeting of September 15, 2011

03.  Zoning Committee report, including:

·         recommendation to approve application to rezone Midwood property in Town of Spider Lake

·         Shoreland-Wetland Protection Ordinance

04.  Zoning and Conservation Committee report, including Round Lake watershed management

05.  Forestry Committee report, including:

·         proposal to purchase 80 acres within County Forest

·         resolution regarding management of Chequamegon-Nicolet National Forest

·         payment to J-R Mowing & Excavating for Trail 31 ATV rehabilitation project

06.  Economic Development and Planning Committee report, including 4th quarter payment of Sawyer County Development Corporation 2011 appropriation

07.  Courthouse Committee report, including recommendation for renewal of public entity liability insurance coverage for 2012 with Wisconsin County Mutual Insurance Corporation

08.  Highway Committee report, including:

·         Highway Department employee policies and procedures

·         part-time operator positions for Highway Department

·         purchase of security camera system for Highway Department

·         County Highway S speed limit ordinance

·         County Highway T bridge replacement at Smith Creek, including professional services agreement for project design

09.  Public Safety Committee report, including:

·         approval to fill vacant Jailer position

·         joint powers agreement with municipalities and LCO

·         renumbering Truancy Ordinance

10.  Property and Airport Committee report, including:

·         Airport improvement project update, including expedited apron expansion

·         additional Bolton & Menk charges associated with corporate hangar area lease

·         corporate hangar area lease at the Sawyer County Airport

·         source of funds for terminal holding tank installation

·         American Tower permit for existing communications tower site on County land

11.  Health and Human Services Board report, including recommendation to provide wage adjustment for special grant employee

12.  Finance Committee, including:

·         refinancing County indebtedness, including resolution authorizing the issuance and sale of general obligations bonds

·         proposed for 2012 Sawyer County Budget, including application of fund balances, proposal to pay off State Trust Fund loans, and review and designation for undesignated funds

13.  Personnel and Administrative Committee report, including:

·         draft employee policies and procedures

·         flu shots for employees

·         employee health insurance coverage for 2012, including plan to be offered Highway and non-represented employees

14.  Appointments, including Sawyer County Housing Authority

15.  Memorandum of Understanding with LCO for distribution of gaming proceeds for 2011

16.  Correspondence, reports from conferences and meetings; other matters for discussion only, including request for County Board members to deliver materials to municipalities

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

 

Motion by Johnson, 2nd by Duffy, to approve the September 15, 2011 meeting minutes.  Motion carried.

 

Zoning and Conservation Department Director Dale Olson presented the Zoning Committee recommendation to approve the following application for property rezoning:

 

1) Town of Spider Lake – Corinne S. Midwood c/o William Midwood, Executor of Estate. Part of Gov’t lot 3, S26, T 42N, R 6W; Part of parcel :3.3. Volume 384 Records page 381.  2.97 acres to be rezoned out of the total 6.09 acres.  Change from district Forestry One to district Residential/Recreational One.  Purpose of request is to conform with adjacent property’s zone district.  Said property does not meet the size requirement of the Forestry zone district.  The Town of Spider Lake approved the application.  Findings of Fact of the Zoning Committee: It would not be damaging to the rights of others or property values; it would bring the property into compliance with the surrounding zone district.

 

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

 

Zoning and Conservation Department Director Dale Olson presented the Zoning Committee recommendation to approve SAWYER COUNTY ZONING SHORELAND-WETLAND PROTECTION ORDINANCE #4-2011.  The ordinance will supersede and repeal Section 4.4 of the current SAWYER COUNTY ZONING ORDINANCE.  ORDINANCE #4-2011 is based on Wisconsin Administrative Code NR 115 and regulates all unincorporated areas of Sawyer County which are within 1,000 feet of the ordinary high water mark of navigable lakes, ponds, and flowages and within 300 feet of the ordinary high water mark of navigable rivers and streams.  A copy of ORDINANCE #4-2011 is on file in the office of the Sawyer County Zoning and Conservation Department and in the office of the Sawyer County Clerk and is incorporated herein by reference.  Sawyer County resident Howard Hanson expressed his concern with several of the provisions in the proposed ordinance, including their constitutionality.  Sawyer County Corporation Counsel Thomas J. Duffy expressed his opinion that the proposed ordinance is constitutional.  Sawyer County builder Jason Sjostrom expressed his concern with the effects of the ordinance on building projects.

 

Motion by Zietlow, 2nd by Maki, to table consideration of the proposed ordinance.  The roll call vote was as follows:  Olson – no; Thompson – no; Johnson – no; Schleeter – yes; McCoy – no; Maki – yes; Jaeger – yes; Zietlow – yes; Pearson – yes; Duffy – yes; Paulsen – no; Gundersen – no; Helwig – yes; Bassett – no; Kinsley – no.  The motion failed with 7 voting yes and 8 voting no.

 

Motion by Paulsen, 2nd by Thompson, to approve SAWYER COUNTY ZONING SHORELAND-WETLAND PROTECTION ORDINANCE #4-2011 which will supersede and repeal Section 4.4 of the current SAWYER COUNTY ZONING ORDINANCE.  The roll call vote was as follows:  Thompson – yes; Johnson – yes; Schleeter – no; McCoy –yes; Maki – no; Jaeger – no; Zietlow – no; Pearson – no; Duffy – no; Paulsen – yes; Gundersen – yes; Helwig – no; Bassett – yes; Kinsley – yes; Olson – yes.  The motion passed with 8 voting yes and 7 voting no.

 

Zoning and Conservation Committee member Bruce Paulsen presented an update on issues relating to the management of the level and flow of water in the Round Lake and Osprey Lake watershed.  Mr. Paulsen and Zoning and Conservation Committee member Chuck Gundersen met with representatives of the Wisconsin Department of Natural Resources (WDNR) to discuss Sawyer County’s options and determined that the best option would be for Sawyer County to apply to rescind the 1941 order of the Public Service Commission (predecessor of the WDNR) relating to the watershed management issues and to rebuild the Carlson Lane bridge at the outlet of Little Round Lake using a box cement culvert set at the elevation of the natural stream bed.  The Zoning and Conservation Committee reviewed the recommendations and determined to obtain an estimate from Short Elliott Hendrickson (SEH) on the cost of that project for their review at their November meeting.

 

Forestry Committee Chair Dean Pearson presented the Committee recommendation to approve offering $2,000 per acre to purchase approximately 84 acres in the Sawyer County Forest [the North Half of the Southwest Quarter (N1/2SW1/4) of Section 18, Township 41 North, Range 8 West] from Richard and Denise Cooper.  Funds for the purchase would come from the Sawyer County Resource Development Fund.  Motion by Pearson, 2nd by Zietlow, to approve the recommendation.  The roll call vote was as follows:  Johnson – no; Schleeter – yes; McCoy – no; Maki – no; Jaeger – yes; Zietlow – yes; Pearson – yes; Duffy – yes; Paulsen – yes; Gundersen – yes; Helwig – yes; Bassett – yes; Kinsley – yes; Olson – yes; Thompson – yes.  The motion carried with 12 voting yes and 3 voting no.

 

Forestry Committee Chair Dean Pearson presented the Committee recommendation to approve the following resolution:

Resolution #12-2011

Regarding Management of the Chequamegon-Nicolet National Forest

     RESOLVED by the BOARD OF SUPERVISORS OF Sawyer County, Wisconsin that

     WHEREAS, Sawyer County recognizes the tremendous importance of the lands contained within the 1.6 million acres of the Chequamegon-Nicolet National Forest (CNNF) as an exceptional natural resource capable of producing a sustainable supply of timber products on an annual basis to provide economic, social, and biological benefits to Sawyer County, the State of Wisconsin, as well as the Nation.

     WHEREAS, for the most part these lands were purchased from counties where said lands are located under the pretext and commitment that these lands would be returned to a forested condition and that these lands would again provide a sound base for the local and regional economy and that local governments would play a major role in the management and operation of the Chequamegon-Nicolet National Forest, and

     WHEREAS,  the United States Forest Service has failed to consider the negative impact of reduced employment and loss of local and state tax generation created by the National Forest Service refusal to manage the forest as a sustainable timber resource, and

     WHEREAS, the United States Forest Service has failed to recognize the importance of operating the National Forests as a sustainable resource that greatly contributes to the wood, papermaking, packaging, furniture, and building material industries, throughout Wisconsin.  This has force these industries to secure raw materials from outside the United States, and also caused numerous wood industries to either close or relocated outside of Wisconsin, and

     WHEREAS, since there has been a Forest Plan on the CNNF the Forest has never sold the Allowable Sale Quantity (ASQ) in the Forest Plan because of the complex analysis process the Forest Service must go through, and

     WHEREAS, the CNNF has significantly reduced the amount of timber available for sale in the past 10 years.  Last year the CNNF harvested less than one-half of the timber required to maintain forest health.  Harvesting levels on the National Forest Lands in both Softwood and Hardwoods stands has been reduced significantly nationwide.  For example, the CNNF in Wisconsin with an Allowable Sale Quantity (ASQ) of 134 million board feet per year, they have averaged harvesting only 75 million board feet per year or approximately 58% of the ASQ.  This is down substantially from the average harvested annually in the previous 10 years of 115 million board feet per year or approximately 88% of the ASQ.  This translates to reduced revenue to local communities from direst Forest Service payments and a significant reduction in raw materials needed to sustain our forest industry and local economy, not to mention the long term impact on forest health and wildlife, and

     WHEREAS, every 20,000 board feet of timber harvested provides enough raw materials to sustain 1 job in our forest industry.  Last year the CNNF failed to harvest 88 million board feet of timber available for harvest which could sustain 4,400 Wisconsin jobs, and

     WHEREAS, Wisconsin loses 1 job for every 100 acres of productive forest land that is excluded from sustainable forest management practices.  The CNNF has already excluded 446,000 acres of the forest from timber production which equates to a permanent loss of 4,460 jobs, and

     WHEREAS, Wisconsin has lost both paper mills and sawmills, a large number of logging contractors and trucking firms as well as associated employment in our important forest products industry infrastructure.  There are a variety of factors that have influenced these losses, but it is evident that the declining harvest on our national forest has played a major role in these losses.  Private forests, state forests and county forests have felt ever-increasing pressure to supply raw forest products to replace the void created by declining harvest on our national forests.  We must see immediate changes to shift the source of raw material supply to the CNNF soon, or we may lose our remaining forest products industry here in Wisconsin which will result in our inability to practice sound forest management on all of our forestlands, and

     WHEREAS, the declining harvest and lack of property forest management on our national forest lands leads to an array of forest health concerns.  Forest health issues on national forests in Wisconsin often spread to adjacent lands including state forests, county forests and privately owned forestlands.  Forest pests and diseases do not adhere to ownership boundaries so the lack of management on our national forests may increase forest health issues on adjacent forestland, and

     WHEREAS, with the exception of the Chequamegon-Nicolet National Forest, all public forests including state forests, county forests and most private forestlands in Wisconsin have received third party certification as being managing on a sustainable basis.

     NOW, THEREFORE, BE IT RESOLVED, THAT THE SAWYER COUNTY BOARD OF SUPERVISORS recognize that the Chequamegon-Nicolet National Forest is an exceptional natural resource that has the capacity to provide recreational, social, and economic benefits on a sustainable basis provided that the lands within the Chequamegon-Nicolet National Forest are properly managed as a sustainable, renewable timber resource, and are managed with consideration to the local units of governments that contain the national forests, and

     BE IT FURTHER RESOLVED THAT, severe reductions in timber harvesting below sustainable levels with the Chequamegon-Nicolet National Forest constitutes continuing evidence that the United State Forest Service is unwilling to properly manage the Chequamegon-Nicolet National Forest and that this Board of Supervisors demands that all management of the Chequamegon-Nicolet National Forest revert back to the counties where said forest lands are located by virtue of a breach of promise by the Federal Government and their failure to comply with the Clark-McNary Act, and

     BE IT FURTHER RESOLVED THAT, the CNNF manage their forest land at the ASQ level as identified in the 2004 Forest Plan as well as manage the backlog of unharvested timber (approximately 42% per year) that has not been harvested since implementation of the 2004 Forest Plan, and

     BE IT FURTHER RESOLVED THAT Sawyer County requests a written response from the U.S. Regional Forester and CNNF Forest Supervisor within 60 days regarding why these limits are not managed in accordance with the provision of the 2004 Forest Plan, and

     BE IT FURTHER RESOLVED THAT, copies of this resolution be presented to President Barack Obama, Secretary of the Department of Agriculture Tom Vilsack, Chief of the Forest Service Thomas Tidwell, U.S. Regional Forester Charles Myers, CNNF Forest Supervisor Paul Strong, Wisconsin Senators Herb Kohl and Ronald Johnson, Congressman Sean Duffy, the Wisconsin Counties Association, and the Wisconsin County Forest Association.  We respectfully request that all counties in Wisconsin take similar action in order to safeguard natural resources that all Wisconsin citizens rely upon for recreation, commerce, employment and energy production.

 

Motion by Bassett, 2nd by Thompson, to approve Resolution #12-2011.  Motion carried.

 

The Board reviewed an invoice for the payment of $81,132 to J-R Mowing for the rehabilitation of ATV Trail 31 (Mosquito Brook Road to Thannum Fire Lane in the Sawyer County Forest).  The funds for the payment would come from the Snowmobile and ATV Special Projects Fund.  Those funds are received from the State of Wisconsin and originate from snowmobile and ATV registration fees.  Motion by Bassett, 2nd by Zietlow, to approve the payment to J-R Mowing.  Motion carried.

 

The Board discussed whether to make the 4th quarter payment of $4,687.50 (1/4 of the approved 2011 annual appropriation of $18,750) to the Sawyer County Development Corporation (SCDC).  Sawyer County Development Corporation Board of Directors member Cliff Williams presented information and answered questions about the status of the SCDC.  Motion by Bassett, 2nd by Gundersen, to not make the 4th quarter payment to the SCDC.  The roll call vote was as follows:  Schleeter – yes; McCoy – no; Maki – yes; Jaeger – no; Zietlow – no; Pearson – no; Duffy – no; Paulsen – no; Gundersen – yes; Helwig – no; Bassett – yes; Kinsley – no; Olson – yes; Thompson – no; Johnson – no.  The motion failed with 4 voting yes and 11 voting no.  Motion by Johnson, 2nd by Thompson, to authorize the 4th quarter payment to the SCDC.  The motion carried on a voice vote.

 

Courthouse Committee Chair Dale Schleeter presented the Committee recommendation to renew the public entity liability insurance coverage for Sawyer County for 2012 with the Wisconsin County Mutual Insurance Corporation.  Motion by Kinsley, 2nd by Bassett, to approve the recommendation.  Motion carried.

 

Human Resource Manager Carol Larson presented and the Board reviewed proposed policies and procedures specific to the employees of the Sawyer County Highway Department, including the Highway Committee recommendation to amend the policies to provide that Highway Department employees continue to receive overtime pay of time and a half outside of the normal work schedule.  Motion by Kinsley, 2nd by McCoy, to approve the policies and procedures.  Motion carried.

 

Human Resource Manager Carol Larson presented the Highway Committee recommendation that the Highway Committee advertise for a part-time operator under the following terms:  an hourly rate of $13 to $15 depending on qualifications, with no benefits and a requirement of a commercial driver’s license.  The Personnel and Administrative Committee concurs with the recommendation.  Motion by Bassett, 2nd by Olson, to approve the recommendation.  Motion carried.

 

The Board reviewed the Highway Committee recommendation to approve the transfer of $3,918 from the Contingency Fund Account of the General Fund of the 2011 Sawyer County Budget to the Sawyer County Highway Department Fund for the purchase and installation of a security camera system for the Highway Department to secure the area of the Highway Department grounds accessed by County departments and other entities for vehicle fueling.  The Finance Committee concurs with the recommendation.  Motion by Johnson, 2nd by Thompson, to approve the recommendation.  Motion carried.

 

Highway Committee Chair Ron Kinsley presented the Committee recommendation to approve the following ordinance:

Ordinance #5-2011

Establishing a Speed Zone On County Road S

     WHEREAS, The State of Wisconsin Rustic Roads Board, the Town of Round Lake Board of Supervisors, the Town of Spider Lake Board of Supervisors, the Sawyer County Highway Department, and the Sawyer County Board of Supervisors have determined and established that 45 miles per hour shall be the maximum speed at which vehicles may travel on County Road S, from State Trunk Highway 77 to 200 feet north of Moose Lake Road (east), and

     WHEREAS, this 45 mile per hour section totals 6.41 miles in length and this speed has herein been established as the reasonable and safe maximum speed to travel, pursuant to section 349.11 of the Wisconsin Statutes; and

     WHEREAS, the maximum speed limit on any Rustic Road has been established by law as 45 miles per hour;

     THEREFORE, the Sawyer County Board of Supervisors hereby ordains, with the approval of federal and state agencies, and upon the erection of standard signs giving notice thereof, as follows:

     Section 1 – 45 miles per hour shall be the maximum permissible speed for vehicles operated on County Road S in Sawyer County, from State Trunk Highway 77 to 200 feet north of Moose Lake Road (east).

     Section 2 – Any person violating any provision of this ordinance may suffer forfeiture of no less than $30.00 nor more than $300.00, plus costs, or imprisoned not more than 30 days upon failure to pay such fine or forfeiture and costs.

 

Motion by Kinsley, 2nd by Maki, to approve Ordinance #5-2011.  Motion carried.  Mr. Bassett voted no.

 

The Board reviewed the Highway Committee recommendation to approve the recommendation of Short Elliott Hendrickson (SEH) to replace the existing structure on County Highway T crossing Smith Creek with a concrete box culvert with an estimated cost of $100,000.  The recommendation is the result of SEH conducting an inspection of the existing bridge.  The Board also reviewed a proposed agreement for the services of SEH for the design for replacing the structure.  The agreement provided for a lump sum fee of $9,747.  The Finance Committee recommends County Board approval of the agreement with SEH with the funds to come from the Sawyer County Highway Department Fund.  Motion by Kinsley, 2nd by Schleeter, to approve the recommendation.  Motion carried.

 

Public Safety Committee Chair Fred Zietlow presented the Committee recommendation to approve filling the vacant Jailer position at the Sheriff’s Department.  The Personnel and Administrative Committee concurs with the recommendation.  Motion by Bassett, 2nd by Jaeger, to approve the recommendation.  Motion carried.

 

Public Safety Committee Chair Fred Zietlow presented the Committee recommendation to approve a joint powers agreement with the municipalities located within the boundaries of Sawyer County for 911 emergency services.  Motion by Bassett, 2nd by Zietlow, to approve the recommendation.  Motion carried.

 

Public Safety Committee Chair Fred Zietlow presented the Committee recommendation to approve amendments to Sawyer County Truancy Ordinance #1-99 which retains the intent of the ordinance adopted January 21, 1999, but renumbers the ordinance to coordinate with the implementation of the TRACS citation system.  The ordinance as amended shall read as follows:

 

ORDINANCE #1-99

TRUANCY ORDINANCE

 

The Sawyer County Board of Supervisors does hereby ordain as follows:

 

SECTION ONE: TRUANCY AND DROPOUTS

 

TRUANCY

 

1. No person under 18 years may be a truant.

2. If the Circuit court determines that a person is truant, the court may order An order for the person to attend school and/or a forfeiture of not more than $50.00 plus costs for a first violation, or a forfeiture of not more than $100.00 plus costs for any second or subsequent violation committed within 12 months of a previous violation, subject to section 938.37 of the Wisconsin Statutes and subject to a maximum cumulative forfeiture amount of not more than $500.00 for all violations committed during a school semester.  All of part of the forfeiture plus costs may be assessed against the person, the parents or guardian of a person, or both.

 

HABITUAL TRUANCY

 

3. No person under 18 years may be habitually truant.

4. If the circuit court determines that a person is habitually truant, the court may order one or more of the following dispositions:

  (a) Suspension of the person’s operating privilege for not less than 30 days or more than one year.  The court shall immediately take possession of any suspended license and forward it to the Wisconsin Department of Transportation together with a notice stating the reason for and the duration of the suspension.

  (b) An order for the person to participate in counseling or a supervised work program or other community service work as described in section 938.34(5g) of the Wisconsin Statutes.  The cost of any such counseling, supervised work program or other community service work may be assessed against the person, the parents or guardian of the person, or both.

  (c) An order of the person to remain at home except during hours in which the person is attending religious worship or a school program, including travel time required to get to and from the school program or place of worship.  The order may permit a person to leave his or her home if the child is accompanied by a parent or guardian. 

  (d) An order for the person to attend an educational program as described in section 938.34(7d) of the Wisconsin Statutes.

  (e) An order for the Wisconsin Department of Work Force Development to revoke, under section 103.72 of the Wisconsin Statutes, a permit under section 103.70 of the Wisconsin Statutes, authorizing the employment of the person.

  (f) An order for the person to be placed in a teen court program as described in section 938.34(2) of the Wisconsin Statutes.

  (g) An order for the person to attend school.

  (h) A forfeiture of not more than $500.00 plus costs, subject to section of 938.37 of the Wisconsin Statutes.  All or part of the forfeiture plus costs may be assessed against the person, the parents or guardian, or both.

  (i) An order placing the person under formal supervision or informal supervision, as described in section 938.34(2) of the Wisconsin Statutes, for up to one year.

  (j) An order for the person’s parent, guardian or legal custodian to participate in counseling at the parent’s, guardian’s or legal custodian’s own expense or to attend school with the person, or both.

  (k) Any other reasonable conditions consistent with this ordinance, including a curfew, restrictions as to going to or remaining on specified premises and restrictions or associating with other children or adults.

 

DROPOUTS

 

5. No person who is at least 16 years of age but is less than 18 years of age may be a dropout.

6. If the circuit court determines that a person is at least 16 years of age but is less than 18 years of age and is a dropout, the court may suspend the person’s operating privilege until the person reaches the age of 18.  The court shall immediately take possession of any suspended license and forward it to the Wisconsin Department of Transportation together with a notice stating the reason for and the duration of the suspension.

 

ADOPTED TERMS

 

As used in the Section One, the terms “truant”, “habitual truant”, “operating privilege” and “dropout” have the meanings as provided in section 118.163 of the Wisconsin Statutes.  Those definitions are hereby adopted and incorporated herein as if fully set forth.  Any future amendment of any such definition is hereby adopted and is incorporated as if fully set forth as of the effective date of such future amendment.

 

SECTION TWO: FAILURE TO CAUSE A CHILD TO ATTEND SCHOOL REGULARLY

 

1. Unless the child is excepted or excused under section 118.115 of the Wisconsin Statutes, or has graduated from high school, any person having under his or her control a child who is between the ages of 6 and 18 years shall cause the child to attend school regularly during the full period and hours, religious holidays excepted, that the public or private school in which the child should be enrolled is in session until the end of the school term, quarter or semester of the school year in which the child becomes 18 years of age.

 

2. This section does not apply:

  (a) To a person who has under his or her control a child who has been sanctioned under section 49.26(1)(h) of the Wisconsin Statutes.

  (b) To a person who proves that he or she is unable to comply with the requirements of this section because of the disobedience of the child, in which case the action shall be dismissed and the juvenile officer of law enforcement authority shall refer the case to the District Attorney’s Office.

  (c) Unless evidence has been provided by the school attendance officer that the activities under section 118.16(5) of the Wisconsin Statutes have been completed or were not required to be completed as provided in section 118.16(5m) of the Wisconsin Statutes.

 

3. Any person who violates this section is subject to a forfeiture of up to $500.00.

 

SECTION THREE

 

Invalidation of any part of this ordinance by a Court of law shall not invalidate the remaining portions thereof.  This ordinance shall become effective upon its passing by the Sawyer County Board of Supervisors and publication thereof as provided by law.

 

Any and all changes in the forfeiture and/or bond for this ordinance shall be set by Resolution, adopted by a majority vote of the Sawyer County Board of Supervisors.

 

Motion by Thompson, 2nd by Jaeger, to approve the recommended amendments to Sawyer County Truancy Ordinance #1-99.  Motion carried.

 

The Board discussed that Wisconsin Department of Transportation Bureau of Aeronautics Airport Development Engineer Matt Malicki had provided the Property and Airport Committee with an update concerning the Airport improvement project including an agreement with Bolton & Menk ($41,000 charges) for planning services for the expedited aircraft apron expansion to accommodate the location of a corporate flight department hangar at the Sawyer County Airport for Link Snacks.  Mr. Malicki had also reviewed a schedule for the apron expansion project with an estimated construction completion date of June 1, 2012 and confirmed that Sawyer County would get full credit toward the required match for the Airport improvement project for funds expended by Sawyer County for the expedited apron expansion project.

 

The Board discussed that $1,540 would be charged by Bolton & Menk for consulting services for questions concerning whether the proposed Link hangar would fit in the site provided at the Airport without adversely affecting the planned instrument landing system or the function of the cross-wind alternate runway, and concerning whether it would be to the County’s advantage to allow Links to borrow fill from an area that would need to be dug to establish a storm-water drainage pond as part of the Airport improvement project.  The Finance Committee recommends County payment of half of the charges and to request that Link Snacks pay the other half of the charges.  Motion by Jaeger, 2nd by Thompson, to approve the recommendation.  Motion carried.

 

The Board reviewed the Property and Airport Committee recommendation to approve a revised proposed lease for the hangar area for the Link Snacks hangar at the Sawyer County Airport.  Revisions were made to comply with the recommendations of Sawyer County Corporation Counsel Thomas J. Duffy to increase the limits for required insurance coverage.  Links Pilot Anthony Doud had presented the Property and Airport Committee with an updated plan for the Link hangar to serve as a basis for the area to be leased.  The plan indicated that 29,175 total square feet would be needed for the leased area resulting in an annual charge of $3,501 for the lease.  The Finance Committee concurs with the recommendation.  Motion by Jaeger, 2nd by Zietlow, to approve the Link hangar area lease.  Motion carried.

 

The Board reviewed an invoice for $4,375.61 from Andry Rasmussen & Sons for the installation of a new holding tank for the Airport terminal building.  The Property and Airport Committee approved payment of the invoice and requested that the Finance Committee determine a source of funds for the project.  The Finance Committee recommends County Board approval to transfer the $4,376 from the Contingency Fund Account to the Airport Account of the General Fund of the 2011 Sawyer County Budget.  Motion by Schleeter, 2nd by Helwig, to approve the recommendation.  Motion carried.

 

The Board reviewed the Property and Airport Committee recommendation to approve a proposed First Amendment to Permit, Memorandum of Lease, and Landowner Consent Agreement (for preliminary environmental testing at the site) for the existing American Towers communication tower located just east of the City of Hayward on Tower Road north of County Highway B.  American Tower plans to replace the existing tower with a new free-standing tower that will provide for equipment locations for Sawyer County’s communications system.  County Clerk Kris Mayberry advised the Committee that the proposed lease includes a $6,000 annual payment.  The Finance Committee concurs with the recommendation.  Motion by Jaeger, 2nd by Zietlow, to approve the recommendation.  Motion carried.

 

Human Resource Manager Carol Larson presented the Health and Human Services Board recommendation to approve treating special grant employee Dan Cousins similar to the non-represented management employees of the County for the purpose of wage adjustments through 2013, that is, effective August 15, 2011, provide Mr. Cousins the September 1, 2013 wage rates (which reflect a 5% increase from 2010 rates), with no further across-the-board wage increases through December 31, 2013.  He would, however, receive step increases based on years of experience in the position.  The resulting wages for Mr. Cousins would be as follows:  August 15, 2011 in 2-year wage step - $24.07; October 27, 2011 increase to 3-year wage step - $24.34; October 27, 2012 increase to 4-year wage step - $24.58; October 27, 2013 increase to 5-year wage step - $24.86.  The Personnel and Administrative Committee concurs with the recommendation.  Motion by Kinsley, 2nd by Duffy, to approve the recommendation.  Motion carried.

 

Finance Committee Chair Warren Johnson reported that Springsted Incorporated representatives Joe Murray and John Will presented the Finance Committee with a feasibility analysis for the refunding of Sawyer County’s Series 2004 A General Obligation Law Enforcement Center Bonds, including a recommendation that Sawyer County proceed with the refunding option (without applying reserve funds to reduce the principal of the indebtedness) using a competitive sale in mid-January of 2012.  The Finance Committee recommends County Board approval of the following resolution:

RESOLUTION #13-2011

AUTHORIZING THE ISSUANCE AND SALE OF NOT TO EXCEED $2,250,000

GENERAL OBLIGATION REFUNDING BONDS

     WHEREAS, it is necessary that funds be raised by the Sawyer County, Wisconsin (the “Issuer”) for the purpose of paying the cost of refinancing certain of its outstanding obligations, to wit: refunding the callable portion of the $3,000,000 Law Enforcement Center General Obligation Bonds, dated August 1, 2004 (the “2004 Bonds” or the “Prior Issue”) (hereinafter the refinancing of the Issuer’s outstanding obligations shall be referred to as the “Refunding”), and there are insufficient funds on hand to pay said costs;

     WHEREAS, the Issuer’s governing body deems it to be necessary, desirable and in the best interest of the Issuer to refund the Prior Issue for the purpose of interest cost savings; and

     WHEREAS, the Issuer is authorized by the provisions of Chapter 67 of the Wisconsin Statutes to refinance its outstanding obligations.

     NOW, THEREFORE, BE IT RESOLVED by the governing body of the Issuer that:

     Section 1.  Authorization of the Bonds; Parameters.  For the purpose of paying the cost of the Refunding, there shall be borrowed from a purchaser (the “Purchaser”) selected through a competitive sale with the assistance and counsel of the County’s financial advisor, Springsted Incorporated, pursuant to Chapter 67 of the Wisconsin Statutes, the principal sum of not to exceed TWO MILLION TWO HUNDRED FIFTY THOUSAND DOLLARS ($2,250,000), provided that: (i) the price paid by the Purchaser for the Bonds shall not be less than 99.0% of the par amount of the Bonds, (ii) the true interest rate to be paid on the Bonds shall not exceed 3.50%; (iii) the Refunding shall produce present value debt service savings of at least $100,000, (iv) the competitive sale of the Bonds shall be conducted within 180 days of the date hereof, and (v) the Bonds shall comply in all other respects with the terms provided herein.

     Section 2.  Sale of the Bonds; Delegation of Authority with Respect to Final Approval.  Subject to such Final Approval (defined below), to evidence such indebtedness, the County Board Chairperson and County Clerk are hereby authorized, empowered and directed to make, execute, issue and sell to the Purchaser for, on behalf of and in the name of the Issuer, general obligation refunding bonds aggregating the principal amount of not to exceed TWO MILLION TWO HUNDRED FIFTY THOUSAND DOLLARS ($2,250,000) (the “Bonds”). The issuance and sale of the Bonds to the Purchaser is subject to final approval by two of the following three officers: the County Board Chairperson, the Finance Committee Chairperson and the County Clerk.  Such final approval shall be evidenced by the execution of an approving certificate (the approval of such issuance and sale, and the execution of said certificate shall comprise and are referred to collectively herein as the “Final Approval”). The County Board hereby delegates the authority to provide such Final Approval to any two of the following three officers: the County Board Chairperson, the Finance Committee Chairperson and the County Clerk. Said officers may act for the County Board to provide such Final Approval with respect to the Bonds.

     Section 3.  Terms of the Bonds.  The Bonds shall be designated “General Obligation Refunding Bonds”; shall be dated as of their date of issuance; shall be in the denomination of $5,000 or any integral multiple thereof; shall be numbered 1 and upward; and shall mature serially on April 1 of each year, in the years and principal amounts as set forth on the Schedule attached hereto as Exhibit A, provided, however, that the annual principal maturities set forth on said Schedule may be increased or decreased as necessary to facilitate the competitive sale of the Bonds with the final maturity schedule being attached to and incorporated into the Final Approval.  The maturity schedule for the Bonds may include term bonds.  All term bonds shall be subject to mandatory sinking fund redemption at a price of par plus accrued interest to the date of redemption and must conform to the maturity schedule requirements set forth above.

     Section 4.  Designation of Purchaser as Agent.  The Issuer hereby designates the Purchaser as its agent for purposes of distributing the Final Official Statement relating to the Bonds to any participating underwriter in compliance with Rule 15c2‑12 of the Securities and Exchange Commission.

     Section 5.  Redemption Provisions.  Redemption provisions relating to the Bonds shall be set forth in the Final Approval.

     Section 6.  Direct Annual Irrepealable Tax Levy.  For the purpose of paying the principal of and interest on the Bonds as the same becomes due, the full faith, credit and resources of the Issuer are hereby irrevocably pledged and a direct annual irrepealable tax sufficient for that purpose is hereby levied upon all taxable property of the Issuer.  The amounts of said direct annual irrepealable tax to be levied shall be as set forth in the amortization schedule attached to the Final Approval.

     The direct annual irrepealable tax hereby levied shall be collected in addition to all other taxes and in the same manner and at the same time as other taxes of the Issuer levied in said years are collected.  So long as any part of the principal of or interest on the Bonds remains unpaid, the tax hereinabove levied shall be and continues irrepealable except that the amount of tax carried onto the tax roll may be reduced in any year by the amount of any  surplus in the Debt Service Fund Account created by Section 8 hereof.

     Section 7.  Form of the Bonds.  The Bonds shall be issued in registered form and shall be executed and delivered in substantially the form attached hereto as Exhibit B and incorporated herein by this reference.

     Section 8.  Debt Service Fund Account.  There is hereby established a fund account separate and distinct from every other Issuer fund or account to be designated “Debt Service Fund Account for Sawyer County General Obligation Refunding Bonds.”  There shall be deposited in said fund account any premium plus accrued interest paid on the Bonds at the time of delivery to the Purchaser, all money raised by taxation pursuant to Section 6 hereof and all other sums as may be necessary to pay interest on the Bonds when the same shall become due and to retire the Bonds at their respective maturity dates.  Said fund account shall be used for the sole purpose of paying the principal of and interest on the Bonds and shall be maintained for such purpose until such indebtedness is fully paid or otherwise extinguished.

     Section 9.  Refunding Fund; Arbitrage Covenant.  The whole proceeds of the Bonds (the “Bond Proceeds”) herein provided for (other than any accrued interest which must be paid at the time of delivery of the Bonds into the Debt Service Fund Account created in Section 8 hereof) shall be segregated in a special fund upon receipt and shall be used solely for the purposes for which borrowed or for the payment of the principal of and interest on the Bonds.

     The Bond Proceeds may be temporarily invested in legal investments until needed provided, however, that the Issuer hereby covenants and agrees that so long as the Bonds remain outstanding, moneys on deposit in any fund or account in connection with the Bonds, whether or not such moneys were derived from the proceeds of the sale of the Bonds or from any other source, will not be used or invested in a manner which would cause the Bonds to be “arbitrage bonds” within the meaning of Section 148 of the Internal Revenue Code of 1986, as amended (the “Code”) and any applicable regulations including Sections 1.148-1 through 1.148-11 of the income tax regulations, as the same exist on this date, or may from time to time hereafter be amended, supplemented or revised.

     The County Clerk, or other officer of the Issuer charged with responsibility for issuing the Bonds shall provide an appropriate certificate of the Issuer, for inclusion in the transcript of proceedings, setting forth the reasonable expectations of the Issuer regarding the amount and use of the Bond Proceeds and the facts and estimates on which such expectations are based, all as of the date of delivery and payment for the Bonds.

     Section 10.  Additional Tax Covenants; Exemption from Rebate; Qualified Tax‑Exempt Obligation Status.  The Issuer hereby further covenants and agrees that it will take all necessary steps and perform all obligations required by the Code and Regulations (whether prior to or subsequent to the issuance of the Bonds) to assure that the Bonds are obligations described in Section 103(a) of the Code, the interest on which is excluded from gross income for federal income tax purposes, throughout their term.  The County Clerk or other officer of the Issuer charged with the responsibility of issuing the Bonds, shall provide an appropriate certificate of the Issuer as of the Closing, for inclusion in the transcript of proceedings, certifying that it can and covenanting that it will comply with the provisions of the Code and Regulations.

     Further, it is the intent of the Issuer to take all reasonable and lawful actions to comply with any new tax laws enacted so that the Bonds will continue to be obligations described in Section 103(a) of the Code, the interest on which is excluded from gross income for federal income tax purposes.

     The Issuer anticipates that the Bond Proceeds allocable to refunding the 2004 Bonds will qualify for the six month expenditure exemption from the rebate requirements of the Code.

     The Issuer hereby designates the Bonds to be “qualified tax‑exempt obligations” pursuant to the provisions of Section 265(b)(3) of the Code and in support of such designation, the County Clerk or other officer of the Issuer charged with the responsibility for issuing the Bonds, shall provide an appropriate certificate of the Issuer as of the date of delivery and payment for the Bonds.

     Section 11.  Persons Treated as Owners; Transfer of Bonds.  The fiscal agent appointed in Section 14 hereof shall keep books for the registration and for the transfer of the Bonds.  The person in whose name any Bond shall be registered shall be deemed and regarded as the absolute owner thereof for all purposes and payment of either principal or interest on any Bond shall be made only to the registered owner thereof.  All such payments shall be valid and effectual to satisfy and discharge the liability upon such Bond to the extent of the sum or sums so paid.

     Any Bond may be transferred by the registered owner thereof by surrender of the Bond at the office of said fiscal agent, duly endorsed for the transfer or accompanied by an assignment duly executed by the registered owner or his attorney duly authorized in writing.  Upon such transfer, said fiscal agent shall deliver in the name of the transferee or transferees a new Bond or Bonds of a like aggregate principal amount, series and maturity and said fiscal agent shall record the name of each transferee in the registration book.  No registration shall be made to bearer.  Said fiscal agent shall cancel any Bond surrendered for transfer.

     The Issuer shall cooperate in any such transfer, and the County Board Chairperson and County Clerk are authorized to execute any new Bond or Bonds necessary to effect any such transfer.

     The fifteenth day of each calendar month next preceding each interest payment date shall be the record date for the Bonds.  Payment of interest on the Bonds on any interest payment date shall be made to the registered owners of the Bonds as they appear on the registration book of the Issuer maintained by said fiscal agent at the close of business on the corresponding record date.

     Section 12.  Utilization of The Depository Trust Company Book‑Entry‑Only‑System.  In order to make the Bonds eligible for the services provided by The Depository Trust Company, New York, New York (“DTC”), the Issuer has heretofore agreed to the applicable provisions set forth in the DTC Blanket Issuer Letter of Representation and an official of the Issuer has executed such Letter of Representation and delivered it to the DTC on behalf of the Issuer.

     Section 13.  Execution of the Bonds.  The Bonds shall be issued in typewritten form, one Bond for each maturity, executed on behalf of the Issuer by the manual or facsimile signatures of the County Board Chairperson and County Clerk (except that one of the foregoing signatures shall be manual), sealed with its official or corporate seal, if any, and delivered to the Purchaser upon payment to the Issuer of the purchase price thereof, plus accrued interest to the date of delivery. In the event that either of the officers whose signatures appear on the Bonds shall cease to be such officers before the delivery of the Bonds, such signatures shall, nevertheless, be valid and sufficient for all purposes to the same extent as if they had remained in office until such delivery. The aforesaid officers are hereby authorized to do all acts and execute and deliver all documents as may be necessary and convenient to effectuate the Closing.

     Section 14.  Payment of the Bonds; Fiscal Agent.  The principal of and interest on the Bonds shall be paid by Associated Trust Company, National Association, Green Bay, Wisconsin, which is hereby appointed as the Issuer’s registrar and fiscal agent pursuant to the provisions of Section 67.10(2), Wisconsin Statutes (the “Fiscal Agent”).  The Fiscal Agency Agreement between the Issuer and the Fiscal Agent shall be substantially in the form attached hereto as Exhibit C and incorporated herein by this reference.

     Section 15.  Redemption of the 2004 Bonds.  The Issuer hereby calls the 2004 Bonds due on or after April 1, 2013 for redemption on April 1, 2012.  The Issuer hereby directs the County Clerk to cause a notice of redemption for the refunded portion of the 2004 Bonds to be given in the form and as provided in Exhibit D attached hereto.

     Section 16.  Continuing Disclosure.  The Issuer hereby covenants and agrees that it will comply with and carry out all of the provisions of its Continuing Disclosure Certificate, which the County Clerk will execute and deliver on the Closing Date.  Any Bondholder may take such actions as may be necessary and appropriate, including seeking mandate or specific performance by court order, to cause the Issuer to comply with its obligations under this Section.

     Section 17.  Conflicting Resolutions; Severability; Effective Date.  All prior resolutions, rules or other actions of the Issuer or any parts thereof in conflict with the provisions hereof shall be and the same are hereby rescinded insofar as they may so conflict.  In the event that any one or more provisions hereof shall for any reason be held to be illegal or invalid, such illegality or invalidity shall not affect any other provisions hereof.  The foregoing shall take effect immediately upon adoption and approval in the manner provided by law.

 

Motion by McCoy, 2nd by Bassett, to approve RESOLUTION #13-2011.  Motion carried by unanimous voice vote.

 

The Board reviewed a summary of the proposed 2012 Sawyer County Budget included in the notice of the public hearing on the budget scheduled for November 15, 2011, beginning at 6:30 p.m.  The proposed budget would establish a 2012 County tax levy of $9,840,064, a 0% increase over the 2011 levy.  County Board members and the public will have the opportunity to provide input and propose changes to the budget prior to approval of the budget at the November 15th public hearing.  Motion by Paulsen, 2nd by Bassett, to approve the proposed 2012 Sawyer County Budget for publication purposes.  Motion carried.

 

The Board discussed the Finance Committee recommendations to pay off the balance of the loans of the County from the Wisconsin Trust Fund procured for the purchase and development of residential facilities for the Health and Human Services Department with the reserve funds of the County and to designate the balance of the undesignated funds of the County as additional funds for the County’s reserve for cash flow.  Motion by McCoy, 2nd by Kinsley, to table consideration of the recommendations until the November 15, 2011 County Board meeting.  Motion carried.

 

Human Resource Manager Carol Larson passed out a draft proposed update to Sawyer County’s Personnel and Administrative Policies for their review.

 

Human Resource Manager Carol Larson presented the Personnel and Administrative Committee recommendation to renew employee health insurance coverage for 2012 with a premium increase of 14% with the WCA Group Health Trust and to offer the non-represented employees of the County only the option for health insurance coverage for 2012 that includes a higher deductible and a health reimbursement account.  Motion by Schleeter, 2nd by Kinsley, to approve the recommendation.  Motion carried.

 

County Board Chair Hal Helwig presented his recommendation to approve the appointment of Chedra White to fill the vacancy on the Sawyer County Housing Authority Board of Directors.  Motion by Jaeger, Zietlow, to approve the recommendation.  Motion carried.

 

The Board reviewed a proposed agreement with the Lac Courte Oreilles Tribal Governing Board that for 2011 Sawyer County and the Lac Courte Oreilles Tribe (LCO) would utilize the $100,000 of the Tribe’s yearly gaming proceeds, as provided for in Section XXXIII(A)(5) of the 1998 Amendment to the Lac Courte Oreilles Band of Lake Superior Chippewa Indians and the State of Wisconsin Gaming Pact of 1991, by allocating Sawyer County and LCO each $50,000 of the $100,000.  Motion by Duffy, 2nd by Jaeger, to approve the agreement and to authorize County Board Chair Hal Helwig to sign the agreement on Sawyer County’s behalf.  Motion carried.

 

Motion by Duffy, 2nd by Jaeger, to adjourn the meeting.  Motion carried.

 

 

Minutes prepared by Sawyer County Clerk Kris Mayberry