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November 19, 2007 BOARD MEETING
TOWN OF SEVASTOPOL Door County, Wisconsin BOARD OF SUPERVISORS’ MEETING MINUTES Monday, November 19, 2007 - 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 7:17 p.m., following the Budget Hearing and Special Town meeting. Establish Quorum/Roll Call: Roll call was taken. Chairman Leo Zipperer, Supervisors Chuck Tice, Dan Woelfel, Tom Girman and John Staveness, along with Clerk/Treasurer Linda Wait were in attendance. Also In Attendance: Laddie Chapman, Dick Weidman and Betty Kiehnau. Meet the Deputy Program of the Door County Sheriff’s Department: No one in attendance. Citizen Concerns: Betty Kiehnau had hoped for a better turnout of residents at the budget/special meeting held earlier. Presentation of Agenda/Properly Noticed: The Clerk stated that the agenda was properly noticed. Motion by Tice and seconded by Staveness to adopt the agenda, as proposed. Motion carried, unanimously. Minutes: Motion by Tice and seconded by Staveness to approve the meeting minutes of the Board of Supervisors of October 22, 2007. Also included were corrected minutes of September 17, 2007, reflecting Pat Miller’s concern with the moratorium and opposition to the variance request of Brad Birmingham and also reflecting Supervisor Tice’s positive comments for the project. Clerk/Treasurer Monthly Reports: Motion by Woelfel and seconded by Girman to accept the treasurer’s report for the month of October 2007, which includes account balances, transaction/register detail and budget vs. actual. Motion carried, unanimously. By consensus, the vouchers, bills and claims for September 2007 were approved. Oral Committee Report: None. Committee Minutes: The following Committee minutes were accepted and placed on file: ● Sesquicentennial – September 21, 2007 ● Comprehensive Plan – September 20 & September 27, October 17, 2007 ● Dam, Park & Rec Board – October 3 (as corrected) & October 11, 2007 Pending Business: 1) Comprehensive Plan. Staveness reported that the Committee has finished Chapter 10, Future Land Use, and moving forward to Chapter 11, Intergovernmental. The next meeting is scheduled for December 5th at 6:30 p.m., with Jeff Sanders from Omnni. It is expected that a Public Hearing will be held in January 2008. 2) Tourism Zone Commission. Tice reported that the meeting scheduled for November 15th was moved from the Island to Sister Bay due to bad weather. The next meeting is scheduled for December 20th at 9 a.m. in Jacksonport. The Commission has hired William VandeCastle as legal counsel. Tax collections for September totaled $319,170, with $95,751 going to the municipalities, $12,767 for administration expense, and $210,652 toward promotion of Door County through the Door County Visitors Bureau. A present concern is acquiring the appropriate software to track financial and statistical information, along with the ability to accept web-based imports and exports. There are also some legal and compliance issues to be dealt with. The Commission is still seeking an administrative assistant and may need to contact Job Service or a temporary service for clerical help. 3) PEG Cable. Girman reported that the Video Competition Act was approved by the Senate, with changes, and will go back to the Assembly and eventually to the Governor for signature or veto. Girman, along with Laddie Chapman, felt obligated to go to the Town of Jacksonport and the Village of Egg Harbor to encourage them to adopt or increase their franchise fees and have an agreement in place before any opt-in period may expire and also in hopes of expanding the audience of our PEG channel to include those areas. Chapman felt it was not likely that Jacksonport or the Village would develop their own PEG channel and perhaps they would be willing to help support our channel. Girman indicated that the franchise fees at 5% would continue and that user fees would be curbed or eliminated. It was the consensus that this would be a good example of intergovernmental cooperation. We must watch for any notices that may come from Charter and/or the Wisconsin Department of Revenue, in that response time will most likely be limited to 10 days. 4) Demolition. Woelfel reported that the Generations/Antique building has been removed and the site leveled. 5) Nuisance Ordinance. Tice continues with research on various language to be included in a proposed nuisance ordinance and seeks direction from the Board as to how comprehensive such an ordinance might be. There is also the question of enforcement and which violations may be enforced by State and County agencies. It was suggested we start with the basics and ask the Property Management (nuisance) Committee members to list their “top 10” items and develop common ground issues from there. 6) Newsletter. Woelfel felt the next issue might be published in the first quarter of 2008 and hoped to include Comprehensive Plan and Building Committee updates. 7) Georgeson revised Petition for Annexation. The original petition for direct annexation was submitted on October 9, 2007. The revision addresses technical corrections to the legal description. New Business: 1) Street light at East Town Line Road/Launch. Staveness indicated he had been approached by Town of Jacksonport residents and other fishermen and boaters who suggested a light at the east end of Town Line Road and the Clark Lake boat launch. WPS would request a 3-year contract and depending upon wattage, the cost would be $18 to $25 per month. The existing pole on the southwest corner could be utilized or an additional pole could be put in at the beach. There was discussion on potential light pollution, proper design and shielding, and whether it would be a dusk-to-dawn or timed light. Motion by Woelfel and seconded by Girman to support the placement of a light at the Clark Lake Launch, with the condition that it is shielded or with a downward focus, and that the Town of Jacksonport shall share equally (50%) in the annual cost of that lighting. Motion carried, unanimously. 2) Town Hall building status/use. Tice felt we should find out from the Town residents their thoughts as to public and private use, rental and/or lease of the Town Hall facility and if specifications should be incorporated into the building plans. The new Town Hall will be the official voting place and plans will include large and small meeting rooms, offices, kitchen area, mechanical and storage areas, and restrooms. Woelfel indicated that preliminary plans will be shared at the next Building & Property Committee meeting with an estimate of a 5,000 square foot building and parking requirements determined by general meeting room size and capacity. Zipperer had hoped for more elector turnout tonight, but indicated that most calls were in support of use by the community. Woelfel said the three options for financing are state bonding, conventional financing and referendum bonding and the timeline will depend on funding. Dick Weidman, School Board liaison, was asked if the Town could get a more specific date on continuing in our present location. The matter will be carried on the agenda from month to month and residents will be updated at the Annual meeting in April 2008. 3) Snow removal policy. Zipperer reported that the Town contracts with the Door County Highway Department to plow parochial schools and churches in our neighborhood, as needed. The question arose in that SS. Peter & Paul School has been discontinued. Wait spoke with Congregation Secretary Donna Jorns, who indicated she and maintenance people will continue to be in the school building. Following discussion, it was the consensus that the Town will not make any change to the current policy. Resolutions: 1) Resolution No. 17-2007 TB “Accepting Bluff Court Lane/Terrace/Trail as Town Roads.” Zipperer reported that in conformance with Ordinance 05-2002 and the Letter of Understanding that had been entered into between the Town and the Property Owners at Bluff Estate in Little Harbor, the roads have been constructed to meet the required standards, the 75% down payment ($43,245) has been received, and the balance ($14,415) is to be paid before December 17th. However, Attorney Jim Smith, on behalf of the property owners, indicates that the transfer of land to the Town (by unencumbered deed of conveyance) will result in the road frontage lots to be non-conforming and require a “group variance” from the Board of Adjustment, along with partial releases as to those parcels with mortgages. Attorney Smith asked if the Town would accept an exclusive perpetual easement. Zipperer responded that although we can appreciate the problems created, it was not the Town’s doing. Our legal counsel also agreed that the Town should not accept anything less than a deed, but could fast-forward the resolution as presented, subject to receipt of a warranty deed and plat survey with a legal description. Following discussion, motion by Staveness and seconded by Girman to approve Resolution No. 17-2007 TB. Motion carried, unanimously. 2) Resolution No. 18-2007 TB “Establish Tax Rate 2007.” Motion by Girman and seconded by Tice to approve Resolution No. 18-2007 TB with a general property tax levy of $535,601 and the tax (mil) rate in support of such levy established at $.770761 for the year 2007 (to be paid in 2008). Motion carried, unanimously. Ordinances: No. 2007-04 “Regulate boating upon the waters of Clark Lake and prescribing penalties for violation thereof.” The Towns of Jacksonport and Sevastopol held a joint Public Hearing on November 12th at the Jacksonport Town Hall to provide information and allow public comment on a proposed ordinance to regulate boating activities upon the waters of Clark Lake, including restrictions on speed (slow-no-wake). Zipperer, Girman, Staveness and Tice, along with Wait, attended the public hearing. There were no arguments in opposition to such a proposed ordinance; however there were questions as to enforcement. Zipperer is awaiting a legal opinion and some fine-tuning from our attorney and the matter will be re-visited on December 17th. Correspondence: The following correspondence was accepted and placed on file: 1) “Draft” meeting schedule for 2008. 2) Certification of Tax Levy for 2007 (to be paid in 2008): ● State of Wisconsin - $117,879.23 ● County of Door - $2,251,875.53 ● Sturgeon Bay School District - $916,066.00 ● Sevastopol School District - $2,850,191.39 ● Northeast Wisconsin Technical College - $1,016,561.18 3) 2008 General Transportation Aids estimate - $164,069.28 4) Statement of Assessment–Year 2007 Aggregate Assessed Value of Property - $694,898,900 5) Door County Planning Department – Planning/Zoning Issues meeting on November 28th 6) City of Sturgeon Bay Fire Department – October 2007 Fire Report (15 calls) 7) Independent Inspections, Ltd. Billing recap – October 2007 8) Door County Planning Department – Zoning/construction permits issued October 2007 9) Gypsy moths in Door County – Jerry Waite’s concern with DNR’s lack of response to requests for identification and eradication 10) Wisconsin DNR – Forest Crop Law transfer orders: Richard Baudhuin, Roland Bochek, Diane Pasek and Fred Miller Estate 11) Email clarification as to First Responder liability coverage 12) Charter Communications – pricing changes effective December 1st 13) Charter Communications – notice of new Public Relations Manager, Jessie Hlad 14) Door Animals Quarterly – fall newsletter of Door County Humane Society Zipperer also reported: (i) Brad Birmingham’s petition for grant of variance was approved by the Door County Board of Adjustment on November 13, 2007; and (ii) Door County Property Owners request that we explore the possibility of “green” in our future Town Hall building project. Announcements: ● Door County Unit of WTA – Thursday, November 29th, 7 pm at The Mill ● Comprehensive Plan Committee – Wednesday, December 5th at 6:30 pm ● Sesquicentennial Committee – Thursday, December 6th at 3:30 pm ● Dam, Park & Rec Board – Thursday, December 13th at 6 pm Adjourn: Motion by Woelfel and seconded by Staveness to adjourn. Motion carried, unanimously. Meeting adjourned at 9:35 p.m. Respectfully submitted, Linda D. Wait, Clerk [approved 12/17/07]