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Nov 23, 2015



Date:               Monday, November 23, 2015 – 7:00 p.m.

Location:         Sevastopol Town Hall Meeting/Community Room

                        4528 State Highway 57, Sturgeon Bay, Wisconsin

 Call to Order.  Chairman Leo W. Zipperer called the meeting to order at 7:00 p.m.

 Roll Call/Quorum.  Answering the call were:  Supervisors Tony Haen, Chuck Tice, Dan Woelfel, John Staveness and Chairman Zipperer.

 Meet ‘n Greet – Public Participation.  Also in attendance:  Casey Franda, Tory Franda, Rick Gerhart, Dick Weidman, Clerk/Treasurer Linda Wait and Cable TV Program Director Laddie Chapman.

 Agenda/proper notice/adopt.  Upon confirmation of proper notice, motion by Tice and second by Haen to adopt the agenda.  Motion carried.

 [deviation from order]

 New Business:

A.  Petition for Zoning Amendment – Rick & Lisa Gerhartat 4371 STH 57/0220226282624D

      Countryside to Single Family Residential for purpose to sell portion to neighbor and make

      neighboring garage conforming with setbacks

             The Frandas provided a detailed background on the 2014-2015 project to remodel their home and garage, with zoning permits, building permits and inspections having been completed.  However, when they applied for a zoning permit to add a deck, it was a surprise to learn that the garage footprint was nonconforming and too close to the Gerhart side lot line without a variance and regular zoning permit.

            Mr. Gerhart is the neighbor to the north and offered to work with the Frandas in order to meet setbacks.  His request is to rezone his parcel from CS to SF20 for the purpose of selling approximately 35 feet on the south end to the Frandas.

            Staveness reported that the Plan Commission noted that property to the north of Gerhart was zoned residential and his request is certainly in line, plus there is an existing tree line that would be in the area of the new boundary.  The Town’s comprehensive plan also reflects the neighborhood as residential.  Mr. Gerhart indicated that his detached shop/garage is not used for business purposes, just personal storage and use, and that the zoning change would not adversely affect his property.  The Plan Commission members unanimously voted to recommend support by the Town Board.

            Both the Plan Commission and the Town Board complimented the parties on their efforts to work together as neighbors in resolving the setback issue.  Following discussion, motion by Staveness and second by Haen to forward a recommendation to the Door County RPC in support of Mr. Gerhart’s petition for a zoning change from CS to SF20.  Motion carried, unanimously.  The clerk was instructed to forward the recommendation.

 Approval of Minutes.  Motion by Woelfel and second by Staveness to approve the minutes of October 26, 2015, with a correction to page 2, paragraph 3, last sentence, “Coastal Management grant.”  Motion carried.

 Financial Reports.  Motion by Haen and second by Tice to accept the financial reports for October 2015, including fund balances, budget versus actual YTD and transaction list by date.  Motion carried.

 Licenses & Permits.  Recaps of the Independent Inspections, Ltd. building permits and Door County zoning permits issued for the month of October 2015 were accepted to be placed on file.

 Pending/Continuing Business:

 A.  Dunes Lake grant.  In follow up to the October 26, 2016 board meeting, Wait forwarded a letter to the Wisconsin Coastal Management Program in support of DCSWCD’s efforts to improve the water quality of Dunes Lake.  This would include the Town’s monetary contribution (not to exceed $1,000) toward clean-up and use of a public access parking area on the Town’s old landfill site.

 B.  Clark Lake Dam.  On October 27, 2015, the Door County Board of Supervisors authorized the transfer/conveyance of easements related to Clark Lake Dam from the County of Door to the Town of Sevastopol.  The action clarifies that the Town, as owner of the dam, is responsible for the dam operation and maintenance.

 C.  Muskat/Klass property at 4115 STH 57.  Owners of the property were nonresponsive to correspondence mailed on September 10, 2015.   A second letter, via certified/return receipt requested, will be sent to Nikki Henkin and Julian Muskat requesting a response as to intentions for the property and expressing the Town’s willingness to work with the parties to come to some resolution on safety, appearance and general nuisances on this vacant, unkempt property.

            Alicia Clark, compliance officer with the Wisconsin DATCP, is pursuing a referral for non-compliance on removal of the underground fuel storage tanks.  The Door County Sanitarian’s office advised that it would not take steps to enforce sanitary system compliance in that the property is unoccupied at this point.

 D.  Door County Zoning  Ordinance amendments.

            •  Telecommunication towers.  Staveness reported that the Plan Commission was in agreement with the County’s creation of Chapter 14-Communications support structures and related facilities.  Concerns as to height, sharing of space, lighting requirements and abandonment have been addressed in the chapter.

            •  Shoreland zoning.  Staveness reported that the County will be re-writing its shoreland zoning ordinance in order to administer some new zoning regulations.

            •  Marty Brice/The Pines at Idlewild petition for zoning amendment to reduce setbacks for small accessory structures in multiple occupancy developments (MODs).  Staveness reported that the Plan Commission did not favor a reduction to the ordinary high water setbacks and that members were comfortable with the 40-foot setback.  A change would be contrary to the new shoreland regulations and  granting of an amendment could adversely affect neighboring private residential properties.  The amendment would apply to all towns with shoreland zoning.  Motion by Staveness and second by Haen to recommend denial by the RPC of the requested zoning amendment.  Motion carried, unanimously.

            •  Clearcutting and permitted agricultural use.  Staveness reported that the Plan Commission felt this was more of a definition issue rather than a substantive matter.  Since orchard crops and nurseries were exempt, it would follow that farmers be allowed to clear trees for farmland and the planting of crops.  This would also help preserve our rural character and be consistent with the Town’s comprehensive plan.  Motion by Staveness and second by Tice to forward a recommendation to the RPC in support of the zoning amendment.  Motion carried, unanimously.

 E.  Town hall water.  Wait reported that recent November samples have been clean.  Per the DNR, five more samples will be submitted in December.

 F.   42/57 Highway Corridor.   In response to an inquiry to Will Dorsey at the Wis DOT, Zipperer reported that it is DOT’s intention to mill and resurface a section of highway between Clay Banks Road and Michigan Street to coordinate with the timing of the Bayview Bridge and roundabout improvements in early 2016.

New Business:

B.  Review and adoption of 2016 Budget.  Motion by Staveness and second by Haen to adopt the 2016 budget as proposed, with total expenditures including debt of $1,119,034.  Motion carried, unanimously.

 C.  Notice of Spring Election.  Two offices for town board supervisor will be on the April 5, 2016 ballot.  Candidacy and nomination forms may be picked up from the clerk.  The first day to circulate nomination papers is December 1, 2015 and the final day for filing is 5:00 p.m. on January 5, 2016.

 D.  Change to posting options pursuant to 2015 Wis. Act 79.  Recent legislatives changes now allow municipal clerks options when posting meeting notices and other actions.  Agenda and such can be posted in just one public place as long as it is also placed electronically on the town’s internet site.  Certain proceeding still require physical posting in at least three locations.

 E.  Animal Control– renewal of agreement.  With no changes from the previous year, motion by Woelfel and second by Tice to renewal the agreement with Mark Richard for animal control services (cats and dogs) for the year 2016.  Motion carried, unanimously.

 F.  Intergovernmental Agreement for recording services.  Motion by Tice and second by Haen to approve the intergovernmental agreement with Door County for the taping and rebroadcasting of certain meetings at a cost of $150 for the first 1-1/2 hours and $25 for each ½ hour thereafter.  The town will invoice the County for such recordings, with the town retaining 15% and remitting 85% to the videographer.  Motion carried, unanimously.

 G.  Christmas tree decorating and open house.  Wait will handle inside decorations and board members will handle outside decorations, with citizens welcome to come help.  In lieu of an open house, light refreshments will be served following the December 21 board meeting.

 H.  National Register of Historic Places – “Success” Shipwreck.  The Successhas been recorded in the national register of historic places as of October 5, 2015.  The shipwreck is located in Lake Michigan, approximately 0.3 miles southwest of Whitefish Dunes State Park.

 I.   Plowing schedule.  Zipperer distributed the 2015-2016 plowing and equipment assignments as provided by the Door County Highway Commissioner.

 Approval of Vouchers / Bills / Claims.  Motion by Tice and second by Staveness to approve the vouchers, bills and claims for the period October 27, 2015 through November 23, 2015.  Motion carried, unanimously.

 Ordinances and Resolutions:

•  Resolution No. 05-2015 TB “Establish Tax Rate 2015.”  Motion by Tice and second by Staveness to approve Resolution No. 05-2015 TB establishing the Town’s tax (mill) rate at $0.919400 for the year 2015 (on taxes to be collected in 2016) based on the final statement of assessment for 2015 with an aggregate assessed value of $716,313,000.  Motion carried, unanimously.

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

•Mi-Tech/Net-Lec LLC – notice of road utility construction Valmy to Jacksonport

•Door County Highway Department – snow and ice control emergency contacts

•Charter Communications- cable franchise fees received $8,078.82

•Door County Humane Society – thank you for support and invitation to holiday open house

•City of Sturgeon Bay Fire Department – September and October 2015 fire report

•  Wisconsin Towns Association – notice of legislative bills

•Assembly Bill 475 – Indigenous Peoples Day


•  Office closed for Thanksgiving Day holiday – November 24th& 25th

•  Board of Supervisors’ meeting – December 21st– 7:00 p.m.

•Sevastopol School – Blue Ribbon recognition & flag-raising November 25th– 10:30 a.m.

 Adjourn.  Motion by Tice and second by Woelfel to adjourn.  Motion carried and meeting adjourned at 7:51 p.m.

 Respectfully submitted,

 Linda Wait, Clerk

[approved 12/21/2015]

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