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TOWN OF SEVASTOPOL Door County, Wisconsin BOARD OF SUPERVISORS’ MEETING MINUTES Monday, May 19, 2008 - Meeting Room, Modular Building at Sevastopol Schools 4550 STH 57, Sturgeon Bay, Wisconsin Call to Order: Chairman Leo W. Zipperer called the meeting to order at 7:00 p.m. Pledge of Allegiance: Chairman asked all to rise and join in the Pledge of Allegiance. Establish Quorum/Roll Call: Roll call was taken. Chairman Leo Zipperer, Supervisors John Staveness, Chuck Tice, Dan Woelfel and Tom Girman, along with Clerk/Treasurer Linda Wait were in attendance. Also In Attendance: Laddie Chapman, Guy Fortin, Lawrie Kull, Charlie Jarman, Robert Stracka, Pat Miller, Jeanne Dimmick-Rego, Biz Virlee and Bart Munson. Meet the Deputy Program of the Door County Sheriff’s Department: Deputy Bob Lauder was in attendance. He reported that there have been several burglaries and attempts in the Whitefish Bay area. Woelfel reported that graffiti was applied to a number of signs along Whitefish Bay Road, near the Hitching Post. Charlie Jarman felt the noise level along Mathey in the evenings was a little high. Deputy Lauder reminded citizens to call the Sheriff’s Department with any questions, concerns or requests for extra patrol. Citizen Concerns: Charlie recommended we take a careful look at the wind energy proposals, having noticed recently that the large turbines near Rio Creek were not turning, even though it was a quite windy day. Presentation of Agenda/Properly Noticed: The Clerk stated that the agenda was properly noticed. Motion by Tice and seconded by Girman to adopt the agenda, as proposed. Motion carried, unanimously. Minutes: Motion by Tice and seconded by Woelfel to approve the meeting minutes of the Board of Supervisors of April 21, 2008. Motion carried, unanimously. Clerk/Treasurer Monthly Report: Motion by Staveness and seconded by Tice to approve the April 2008 account balances, budget vs. actual and transaction report. Motion carried, unanimously. [deviation from order] New Business: 1) Marion Ciepluch – Application for Conditional Use Permit. Woelfel summarized the Board’s recommendation of April 21st to deny the Ciepluch petition for a grant of variance as to height and setback restrictions and the recent Board of Adjustment’s decision granting the variance, with the BOA’s reasons for granting the variance read into the record (on file). The matter is now before the Board as to the proposal to construct a new residence to replace an existing one, which encroaches on the highwater and side yard setbacks, and requires a conditional use permit because the property is a multiple occupancy development (MOD) with two residences on a single parcel. The MOD is already a non-conforming use in the SF-20 zoning district. Marc Isaksen, architect, indicated that the building plan, height and site location remained the same as presented last month. Zipperer and Girman felt there was no new reasons presented that would cause them to reverse the previous decision. Motion by Girman and seconded by Tice to recommend denial of the Ciepluch conditional use permit. Motion carried, unanimously. 3) Clark Lake “Slow-No-Wake” Zone – Letter of Understanding. Zipperer explained that the letter of understanding between the Town and the Clark Lake Advancement Association goes along with the recently enacted ordinance regulating boating on Clark Lake, the penalties for violations and the placement for regulatory markers. The Letter of Understanding addresses the Association’s responsibility for the purchase, placement, signage and maintenance of four (4) slow-no-wake waterway markers in the east bay of Clark Lake. Motion by Woelfel and seconded by Girman to approve the Letter of Understanding. Motion carried, unanimously. Lawrie Kull said that the buoys have been ordered and they are working on the signage. Pending Business/Status: 3) PEG Cable. Girman reported that we had received correspondence from Charter Communications to say that they will begin offering telephone service, but only available in the existing Charter service area. Girman also stated that Charter has applied to the State of Wisconsin for a state-issued franchise to do business under Act 42, the new bill for regulation of cable and video service providers. We have responded within the statutory 10-day period to satisfy any obligations we may have and Girman felt that customers may have access to even more government programs under Act 42. Girman indicated we hope to do a trial run of meeting videos on our website, after touching base with our webmaster, Dustin Overbeck. Committee Minutes: The following Committee minutes were accepted and placed on file: ● Dam, Park & Rec – March 11, 2008 and April 10, 2008 ● Comprehensive Plan – March 12, 2008. Pending Business/Status: 1) Comprehensive Plan. Staveness thanked Bart Munson for his time spent correcting the draft chapters prepared by Omnni. He also spoke with Kay Miller, Door County Zoning Administrator II, on wetland separation. The public hearing will likely be held in July. Bart has been attending the County comprehensive plan quarterly meetings and they expect to be one-half done by July. He said the questions as to how towns fit into the County plan remain unanswered at this point. 2) Tourism Zone Commission. Tice reminded that the annual meeting will be held on Tuesday, May 27th, at the Landmark Resort in Egg Harbor, with the annual audit presented at that time. Additional information can be obtained from the Village of Sister Bay website, http://www.sisterbay.com. As of May 15th, the Town of Gardner has joined the Commission, for a total of 12 municipalities: Nasewaupee, Gardner, Sevastopol, Jacksonport, Egg Harbor, Gibraltar, Liberty Grove, Baileys Harbor, Washington, Villages of Egg Harbor, Ephraim and Sister Bay. Negotiations continue with the City of Sturgeon Bay on joining. A legal action has been commenced against a nonconforming innkeeper, with more to follow. The proposed by-laws and intergovernmental agreement will also be submitted at the annual meeting, with the possibility of a joint meeting of municipalities to review and accept those documents. The new administrative assistant is Cathy Kirkland. Year-to-date collections total $104,222 with the municipalities’ share being $31,267 and $4,169 going toward administrative expense. Sevastopol has collected $17,196 and its 30% share amounts to $5,159. The Visitors Bureau is addressing a new county-wide branding; however most feel we should just improve on what we already have. One of the biggest concerns seems to be that Door County “has no night life.” Tice also presented an insert, “Discover Door County,” which will appear in Midwest Living and other magazines. Woelfel felt Door County is lacking a focus on kids—we need to bring the families back. 3) See above. 4) Nuisance. Tice indicated that what appeared to be an overflowing septic tank was actually water being pumped from a flooded basement. 6) Town Hall – Plat of Survey and Topography map. Woelfel reported that the survey has been completed to consolidate the properties next door. We can now take advantage of the green space for the right balance to address the impervious surface ratio. The topography map was done to help set elevations and engineering for drainage. We are getting estimates from several firms to develop a drainage plan, although there is no requirement for a retention pond. Woelfel also advised that the Wisconsin DOT will be repaving Highway 57 from the Mill to County P next year, with ditching along the park fence. The target completion date is July 4th of 2009and hopefully it will not conflict with our Sesquicentennial parade planned for July 18th of that year. Woelfel also learned there will be no charge for the Town hall to reconnect to the sanitary district; the quarterly fee will be about $80. 7) Financing of Town Hall. Woelfel indicated interest rates remain at 4.25% up to a 10-year term with the Board of Commissioners of Public Lands/State Trust Fund. There is flexibility in repayment and no up-front costs. We will need to make formal application with supporting documentation (minutes, etc.). Zipperer recommended it be brought back in resolution form, with conduit and dollar amount formalized. 5) Municipal Taxpayer Commission. Zipperer stated there is a meeting scheduled for May 29th at 9:30 a.m. at the Village of Ephraim. Zipperer and Tice will plan to attend. 8) Webster Petition for Variance. Woelfel reported that the Board of Adjustment has voted to rehear the Webster case, on the understanding that a revised petition, site plan and building plans will be submitted. This is based on a misunderstanding of the previous tie vote, which is not a majority and equivalent to an affirmative denial. It is expected to be on our June agenda. Vouchers, Bills and Claims: Motion by Staveness and seconded by Tice to approve the vouchers, bills and claims submitted for April/May 2008. Motion carried, unanimously. New Business: 1) See above. 2) Burn Permits/Open Burning. Zipperer reported on correspondence received from the Wisconsin Department of Natural Resources letter of noncompliance issued to Jason Brauer. Also included was an informational handout, “Facts on Open Burning,” for distribution when issuing burn permits. Resolutions: “Committee Appointments 2008-2009.” Motion by Girman and seconded by Tice to approve Resolution No. 01-2008 TB. Also included in the Resolution are other appointees as to the Clark Lake dam, dock master and fire marshals. Motion carried, unanimously. Ordinance: No. 2008-01 “Interim Control of Large Wind Turbines.” Guy Fortin reiterated his points with renewable energy and educating the public on wind energy. He felt that the County ordinance was as restrictive as State statute allows and that cities, towns and villages cannot place additional restrictions, unless to protect the health and safety of the public or were cost prohibitive. Charlie said he was not against wind energy, but took issue with the 400-foot towers and thought alternatives were available. Staveness felt that 12 months would provide an opportunity for the Comprehensive Plan committee and the subsequent Plan Commission to review the matter and also obtain public input. Girman concurred, with the stipulation that the ICO could be rescinded at any time, if need be. With the substantial investment involved, there should be adequate time for local input. Motion by Staveness and seconded by Girman to adopt Ordinance No. 2008-01. Motion carried, unanimously. Correspondence: The following correspondence was accepted and placed on file. 1) From Wisconsin DOT, notice of review meeting May 27th on the Hwy 57 project consisting of 4.7 miles of milling and resurface from the Mill to Institute. 2) Wisconsin DNR payment in lieu of property taxes - $4,012.92 3) Door County Highway Department – spreadsheet listing snowplowing done in 2007-2008 winter season. Costs for snow removal provided to St. John’s and Sts. Peter & Paul are absorbed by the Town. 4) Independent Inspections – building permits for April 2008. 5) Door County Planning Department – zoning permits April 2008 6) Rural Mutual Insurance – policy premiums due for Workers Compensation-$2,343 and Businessowners-$6,946 7) Keweenaw Scrap Tire & Battery Round-up. 8) Charter Communications – notice to offer customers in Sevastopol telephone service. 9) Door County “Entrepreneur of the Year Award” nominating the Town of Sevastopol and Chairman Zipperer for “moving the Town of Sevastopol in the right direction and making it a better community in Door County” and thank you/response from Door County Economic Development Corporation indicating that another nominee has been selected. Announcements: ● Road Inspection–Friday, May 23rd -8 am ● Tourism Zone Commission Annual Meeting–Tuesday, May 27th-6:00 pm at Landmark ● Municipal Taxpayer Commission–Thursday, May 29th-9:30 am – Ephraim ● Board of Supervisors-Monday, June 16th-7 pm Agenda Items for Next Meeting: ● Tourism Zone Commission by-laws and intergovernmental agreement ● Financing resolution Adjourn: Motion by Staveness and seconded by Tice to adjourn. Motion carried, unanimously. Meeting adjourned at 8:50 p.m. Respectfully submitted, Linda D. Wait, Clerk [approved 6/16/08]