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May 18, 2015


 Date:                           Monday, May 18th2015 - 7:05 p.m.

Location:                     Sevastopol Town Hall Meeting/Community Room

                                    4528 State Highway 57 (Institute), Sturgeon Bay, Wisconsin

 Call to Order / Establish Quorum.  Chairman Leo W. Zipperer called the meeting to order at 7:05 p.m.  In addition to Zipperer, the following Board members were introduced and constitute a quorum:  Supervisor Tony Haen, Supervisor Chuck Tice, Supervisor John Staveness and Supervisor Dan Woelfel.

Pledge of Allegiance.  The Chairman asked all to rise and join in the Pledge of Allegiance.

 Meet n’ Greet – Public Participation.  The following persons were in attendance:  Linda Wait-clerk/treasurer, Judy Maass, Lee Chapman, Marti Gerber, Richard Weidman, Bob Stracka, Jason Brauer, Pete Hurth, Brett Temme, Rob Leonard, Jill Leonard, Marilyn Erickson, Fred Erickson, Terry Biesner and Laddie Chapman-cable program director/videographer.

 Agenda / proper notice / adopt.  Motion by Tice and second by Haen to adopt agenda for May 18, 2015, as noticed.  Motion carried.

 [deviation to New Business]

 A.  Jason Brauer request for conditional use permit (CUP) to establish a 5-acre

      nonmetallic mine (create gravel) on property zoned Countryside (CS)

      4973 CTH P / Parcel No. 022-02-23282614 – Town of Sevastopol\

            Peter Hurth, engineer with Baudhuin Incorporated and on behalf of Jason Brauer, provided an overview of the requested project, the process when applying for a mining permit and a detailed explanation the required reclamation plan.  Hurth explained Brauer’s intent to centrally locate a 5-acre gravel mine site on his 43-acre parcel between CTH P and Ripp Road; the mine site would have an estimated 10-year life, would have a maximum depth of 20 feet and would be at least 300 feet from each side lot and at least 400 feet from roads.  The project would include stripping topsoil, blasting and crushing rock to create gravel product for Brauer’s business, with main access to the site from Ripp Road.  Hurth said that the southern portion of the property was chosen because it is zoned CS and nonmetallic mining is a permitted use with a CUP.

            Hurth went through the reclamation plan which addresses post-mining land use, surface water drainage, erosion control, a re-vegetation plan and the creation of a recreational pond.  Many trees have already been planted to serve as screening and dust control.  He indicated that the plan meets the zoning ordinance of the Door County Soil & Water Conservation Department.

            Several neighbors from nearby Rock Ridge Road and Ripp Road areas were present and expressed the following concerns:  hours of operation and noise from dynamite and crushing, pollution, dust, odor, removal of vegetation, water runoff, decrease in property values and quality of life, negative affect on residential neighborhood, impact or possible damage to neighboring wells, foundations and septic systems, effect on water quality and groundwater—area is within zone of contribution for water supply to City of Sturgeon Bay, traffic nuisance and pedestrian safety and hazards of an open mine site.            Several letters from neighbors with similar concerns were also accepted.

            Hurth and Brauer responded to the neighbors’ concerns, stating that blasting would be accomplished by a licensed, experienced and insured blaster; pond depth is per DNR requirements; DNR history does not reflect well contamination due to blasting; this is a small business with minimal amount of blasting, crushing and truck traffic; DCS&W would have oversight and monitor mine operations; that training is required in order to operate a mine with mandatory annual inspections; and that the owner is required to submit financial assurance on the reclamation plan.

            Brauer indicated his willingness to work within all the mining conditions and regulations, that the gravel product would be used only for his business purposes and that he plans to continue residing (and eventually retiring) on this same property.

            Zipperer complimented Brauer on his entrepreneurial venture and that the conditions as set by the County seemed to be quite comprehensive; however, the Town could suggest additional parameters to insure compliance regarding operation of the business, such as specific hours for operation, blasting and crushing.  Zipperer was also concerned with Brauer’s access on Ripp Road and potential road damage.

            Staveness said that the Plan Commission unanimously moved to forward to the Town Board a recommendation for denial of Brauer’s application for a CUP to establish a rock quarry, based on the concerns expressed by neighboring property owners.   Staveness also said that the Town’s comprehensive plan reflected residential sprawl in this core area.

            Following discussion, motion by Staveness and second by Tice to forward a recommendation of denial to the Door County Resource Planning Committee on Brauer’s application for a CUP to establish a mining site.  Motion carried, unanimously.

 Approval of Minutes.  Motion by Tice and second by Haen to approve the Board of Supervisors’ minutes of April 21, 2015 and the Road Inspection & Board minutes of May 9, 2015.  Motion carried.

 Financial Reports.  Motion by Staveness and second by Tice to approve and place on file the financial reports for April 2015, including fund balances, budget versus actual YTD and transaction list by date.  Motion carried.

 Oral Committee Reports & Committee Minutes.  The following minutes were accepted to be placed on file:  Parks & Recreation Board of 3/10/2015, Coastal Byway minutes of 3/18/2015 and Door County Tourism Zone Commission of 3/26/2015.

            Haen reported that the park is up and running, with Connor Haen and Arnie Neubauer returning as employees and doing a good job.

 Licenses & Permits Issued.  Door County zoning permits listing and Independent Inspections billing recap for April 2015 were accepted.  It was also announced that Independent Inspections, Ltd. has been acquired by SAFEbuilt with assurance that the team of inspectors and contact information will remain the same.

            A temporary Class B (picnic) license was granted to Door Devils MC Club for their event on May 23, 2015.

 Pending Business– Discussion/action:

 A.  Independent Inspections, Ltd. – reminder notices on noncompliant properties.

            Brett Temme, building inspector with Independent Inspections, provided a status report on several unresolved building code compliance matters: 1) accessory dwelling at 3986 Glidden Drive requires compliance with secondary dwelling codes; 2) building at 5487 Town Line Road is lacking proper permits and inspections to meet residence standards; 3) residence at 4740 Bay Shore Drive requires compliance on sunroom addition, stairs and deck railings code; and 4) the auto repair business at 5780 West Jorns Lane requires compliance with commercial codes.  Temme will continue to follow up to urge compliance and suggested that some encouragement from the Board directly to the property owners may help move things along.   The matter will return next month.

 New Business, continued.

C.   Request from Town of Jacksonport for community support for ambulance station to be located in Jacksonport.   No action taken.

B.   Road Work 2015.  Zipperer distributed a memo which identified the following projects:


1)  To be considered for reconstruction with wedge and overlay:

            N Bechtel        0.92 mifrom Clark Lake/Cty WD north to STH 57

            W Dunn           0.59 mifrom Cherry Rd/Cty HH west to Bay Shore Dr/Cty B

            Forest              0.30 miEast of STH 42-57 through lowland toward Mathey

                                                            Blue sign to blue sign

            Old Cty OR      0.90 miapprox. 525 feet west of Reynolds westerly to Bluff Dr

            Windemere      0.41 mifrom W Martin southwesterly to Bay Shore/Cty B

2)  Grade/gravel – Ploor south of Haberli

3)  Correct depressed areas:  Whitefish Bay west of Reynolds and west of N Country View

4)  Right-of-way problems:  will contact property owners

5)  Mowing, single 1stcut and fence-to-fence 2ndcut

            Following discussion, a request for bids for town road ditch mowing will be published, with a return date of June 19, 2015.

            Following further discussion, an invitation to bid on road work 2015 will be published, with a return date of June 19, 2015.  All bids, quotes or estimates shall be identified per road, can include a recommendation on the application (hot mix, cold mix, sealcoat & chip), not less than 1-1/4” overlay, must specify tonnage and include shouldering.

            Bids will be awarded at the next Board meeting on June 22, 2015.

Approval of Vouchers / Bills / Claims.  Motion by Tice and second by Woelfel to approve the vouchers, bills and claims for the period 4/22/2015 through 5/18/2015.  Motion carried.

 Resolutions & Ordinances:

• Resolution No. 03-2015 TB “Board, Commission and Committee Appointments 2015-2017.”  Zipperer stated there are vacancies on the Fire & Rescue and PEG Cable Channel committees.  Will be brought back next month.

• Ordinance No. 2015 - __ “Driveway and Town Highway Access Permit.”  There was a brief discussion on the number of driveways that are appearing but failing to obtain a permit.  The refining our driveway ordinance and implementing a permit fee will be a future agenda item.

 Correspondence.  The following correspondence was accepted to be placed on file:

•  Thank you from Bob Papke for the opportunity to serve as a member of the Plan Commission

•  City of Sturgeon Bay Fire Department - March 2015 fire report

•  Wis DOT reminder that permits are required when working on highway r/o/w


•  Open Book for 2015 Assessments – Friday, May 29th– 10:00 a.m. town hall

•  2015 Board of Review – Monday, June 22nd– 1:00 p.m. town hall

•  Board of Supervisors’ meeting – Monday, June 22nd– 3:00 p.m./4:00 p.m. TBA (note time change)

Agenda Items for Next Meeting:  driveway permit/ordinance, legal counsel.

 Adjourn.  Motion by Staveness and second by Haen to adjourn.  Motion carried and meeting adjourned at 9:16 p.m.

 Respectfully submitted,

 Linda Wait, Clerk [approved 6/22/2015]

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