Tuesday, January 29, 2013 9:00 a.m. - Door County Web Map

Tuesday, January 29, 2013 

9:00 a.m. 

AGENDA: 

1. Call Meeting to Order at 9:00 a.m. 

2. Pledge of Allegiance to the Flag 

3. Roll Call by County Clerk 

4. Presentation of Agenda 

5. Correspondence 

6. Public Comment 

7. Supervisor's Response 

8. Special Reports 

EMS – Eric Christensen / Brandon Schopf 

9. Minutes of December 11, 2012 Regular Meeting 

10. Pending Business / Updates 

Resolution No. 2012-72 Supporting Legislation Requiring All Online Retailers to Collect and Remit Wisconsin Sales Tax” 

The Legislative Committee, at its 01-09-2013 meeting, adopted a motion to lay on the table, in effect postponing further 

consideration of this Resolution indefinitely. 

11. Resolutions 

2013-01 In Memoriam – Herbert Petersen 

2013-02 Cana Island Parking Land Purchase – Repayment of Loan – Maritime Museum 

Transfer of Non-Budgeted Funds 

2013-03 Approval of License Agreement with Skydive Door County LLC 

2013-04 Transfer Funds to a Reserve – Door County For Senior Resource Center Future Projects 

2013-05 Resolution Urging State Legislators to Vote in Favor of Transportation Dollars for Transportation 

2013-06 Implementation of Family Care in Northeast Wisconsin 

2013-07 Approval of Gift, Grant, and/or Donation to the Sheriff’s Department 

2013-08 Deputy Director of Human Services Position 

 

12. Ordinances 

Report Zoning Amendment Petition – Map of Sevastopol - Bettag 

2013-01 Amendment to the Zoning Map of Sevastopol - Bettag 

Report Zoning Amendment Petition – Map of Gibraltar – Butchart/Mueller 

2013-02 Amendment of Chapter 23 Door County Code 

13. New Business 

None 

14. Oral Committee Reports 

15. Review Committee Minutes 

16. Review vouchers, claims and bills 

17. Announcements 

County Board Chairman’s designee to serve on the City of Sturgeon Bay Joint Review Board 

Sample ‘Thank You’ letter for service on Committees, Commissions, Boards 

Next County Board Meeting: Tuesday, February 26,2013, 9:00 a.m. at the Government Center 

18. Adjourn 

In compliance with the Americans with Disabilities Act, persons needing assistance to participate in this 

meeting, should contact the Office of the County Clerk (920) 746-2200. Notification 48 hours prior to 

meeting will enable the County to make reasonable arrangements to ensure accessibility to that meeting 

Room C101, Government Center 

421 Nebraska Street, Sturgeon Bay, WI 

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Deviation from the order shown may occur. 

Posted ____________, 2013 by_______

REGULAR MEETING 

DOOR COUNTY BOARD OF SUPERVISORS 

TUESDAY, DECEMBER 11, 2012 

DOOR COUNTY BOARD ROOM 

The meeting was called to order at 9:03 a.m. by Chairman Dan Austad. 

Chairman Austad led the Pledge of Allegiance to the Flag. 

Roll Call by County Clerk to Establish a Quorum: 

Roll call was taken – 20 County Board Members were present – Daniel Austad, Roy Englebert, David Enigl, Mark 

Feuerstein, Ken Fisher, Cletus Fontaine, Joel Gunnlaugsson, Richard Haines, Susan Kohout, David Lienau, Ben 

Meyer, Mark Moeller, Hugh Mulliken, John Neinas, Tim O’Connor, Holly Runquist, Kathy Schultz, Richard Virlee, 

Dale Wiegand and Leo Zipperer; Brann was excused. 

Presentation of Agenda: 

Motion by Moeller, seconded by Wiegand to approve the agenda. Motion carried by voice vote. 

Correspondence: 

2013 WCA Conference Ideas Submission Form included in packets 

Glacierland RC&D letter included in packets 

Wisconsin Poets’ Calendar 2013 were distributed on Supervisors desks 

Public Comment: 

Victoria Cerinich, Town of Sevastopol, representing the League of Women Voters introduced herself 

Supervisor’s Response: 

N/A. 

Special Reports 

WCA Legislative Update: Wisconsin State Budget: History and What’s to Come – Jon Hochkammer 

Jon Hochkammer presented a PowerPoint which included an overview of State Finance, State Budget 

Priorities Change, State Budget Effects on Local Finance Decisions, 2013-15 State Budget and What Can We 

Expect?. 

Minutes of October 23, 2012 Regular Meeting and November 6, 2012 Budget Meeting: 

Motion by Lienau, seconded by Fontaine to approve the minutes of the October 23, 2012 meeting and the 

November 6, 2012 meeting. Motion carried by voice vote. 

Pending Business/Updates 

Ordinance 2012-24 – Amendment of Chapter 4.17 Door County Code 

Motion by Virlee, seconded by Schultz to approve Ordinance 2012-24 – Amendment of Chapter 4.17 Door 

County Code. The amendment is specific to changes in prisoner reimbursement. 

Sheriff Terry Vogel noted there is no fiscal impact to municipalities, as questioned last month, as the Sheriff’s 

Department does not incarcerate for municipal ordinance violations. 

Motion carried by a vote of all 20 Members voting Yes; 1 Member excused. 

Resolutions 

Resolution 2012-77 – In Memoriam – Dorothy Mosgaller 

The resolution was read aloud by Supervisor Schultz. 

Motion by Schultz, seconded by Kohout to approve Resolution 2012-77 - Recognition in honor of the 

achievements Dorothy attained during her tenure as a County Board Supervisor. 

Motion carried by unanimous voice vote. 

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Resolution 2012-78 – Non-Commercial Hangar Site Agreement – Kevin G. Sheets – Bldg #32 

Motion by Virlee, seconded by Wiegand to approve Resolution 2012-78 – Approval for the Airport & Parks 

Committee to enter into a 10 year non-commercial hangar site lease agreement, with a 10 year renewal clause, 

for the parcel of land on which Building No. 32 has been constructed. 

Virlee noted the lease renews at $0.17/sqft. 


Resolution 2012-79 – Highway – Gas Line to Hot Mix Asphalt Plant – Transfer of Non-Budgeted Funds 

Motion by Lienau, seconded by Neinas to approve Resolution 2012-79 – A resolution approving the transfer of 

an amount not to exceed $151,000 to the Door County Highway Department from the County Roads and Bridges 

Fund. The funding is for the extension of natural gas to the hot mix plant. 

Motion carried by a vote of 19 Members voting Yes – Austad, Brann, Englebert, Enigl, Feuerstein, Fisher, 

Fontaine, Gunnlaugsson, Kohout, Meyer, Moeller, Mulliken, Neinas, O’Connor, Runquist, Schultz, Virlee, Wiegand 

and Zipperer; 1 Member voting No – Haines; 1 Member excused. 

Resolution 2012-80 – Schauer Road Improvements – Cave Point County Park – Transfer of Non-Budgeted 

Funds 

Motion by Lienau, seconded by Gunnlaugsson to approve Resolution 2012-80 – Approval of the payment in 

the amount of $26,900 to the Town of Sevastopol; $20,000 payment as agreed upon by the Town of Sevastopol, 

State of Wisconsin/Local Roads Improvement Program (LRIP), State of Wisconsin/Department of Natural 

Resources and the Door County Parks Department to improve Schauer Road; $6,900 payment as agreed upon by 

the Town of Sevastopol and the Door County Parks Department for a parking area at Cave Point County Park. 

Lienau noted this is in response to the request by the Town of Sevastopol for costs of repavement of Schauer 

Road and a parking area improvement at Cave Point County Park. 


Resolution 2012-81 – Human Resources/Personnel – Transfer of Non-Budgeted Funds 

Motion by Lienau, seconded by Schultz to approve Resolution 2012-81 – Approval of the transfer of $15,000 

from the Door County contingency expense account to the Human Resources/Personnel line items psychological 

evaluations $5,000, advertising $4,000 and employee assistance $6,000 to cover the budget shortfalls in 2012. 

Lienau noted the Finance Committee recommends the transfer of the funds. 


Resolution 2012-82 – Approval of Grant for Nutrient Management Farmer Education 

Motion by Mulliken, seconded by Fontaine to approve Resolution 2012-82 – A resolution approving the 

acceptance of a UW-Extension – Discovery Farms Nutrient Management Farmer Education Grant Program in the 

amount of $3,920. 

Mulliken explained the grant will be used to educate farmers on creating nutrient management plans. 


Resolution 2012-83 – Gift, Grant and/or Donation – Water Quality Targeted Runoff Management Program – 

Dunes Lake Watershed 

Motion by Mulliken, seconded by Fontaine to approve Resolution 2012-83 – Approval of the acceptance of an 

amendment grant to the water quality Targeted Runoff Management Program Grant, originally accepted by 

Resolution 2012-42, totaling $100,000. 

Soil and Water Conservationist Dale Konkol explained the Dunes Lake Watershed grant was two parts. The 

original grant monies in the amount of $529,400 were received; an additional $100,000 has been awarded. 


Resolution 2012-84 – General Referral Agreement – Sec. 157.06 Wis. Stats. – RTI Donor Services, Inc. 

Motion by Lienau, seconded by Mulliken to approve Resolution 2012-84 – Approval to amend and renew the 

agreement with RTI Donor Services, Inc. originally approved by County Board’s adoption of Resolution 2007-14 

on February 27, 2007. 

CC Thomas explained this is a renegotiation and renewal of a 2006 agreement. The intent is simply to 

encourage and facilitate anatomical gifts and organ donation. The contract is administered by the Medical 

Examiner. 


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Resolution 2012-85 – Inter-County Consortium Agreement (Local Workforce Development Board) 

Motion by Virlee, seconded by Moeller to approve Resolution 2012-85 – Approval of the revised Inter-County 

Consortium Agreement between the Counties of the Bay Workforce Development Area in Wisconsin. 

CC Thomas explained with adoption of Resolution 2012-48 in April of 2012, Door County approved the initial 

Inter-County Consortium Agreement. Outagamie County has since joined the consortium; therefore, there is a 

need to revise the agreement. Thomas recommends approval with the understanding there are some minor 

concerns and issues that need to be addressed and asked the Board to allow himself and Administrator Murphy to 

address and move forward with the agreement. 


Resolution 2012-86 – Ad Hoc Fair Study Committee Membership 

Motion by Wiegand, seconded by Meyer to approve Resolution 2012-86 – Approval of the appointment of 14 

Members, increased from 9 as originally approved to include Dale Wiegand (Chairperson), Hugh Mulliken, Leroy 

Liebe, Thad Ash, Anthony Birdsall, Gary Nault, Judy Gregory, Terry Lundahl, Bill Brey, John Zettel, Bob Braunel, 

Dawn Kuelz, Maureen Murphy and Jack Moneypenny to the Ad Hoc Fair Study Committee. The Committee will 

serve on a strictly voluntary basis, without per diem from and without any expense of any nature to Door County 

including without mileage compensation. 


Resolution 2012-87 – Appointment of Human Services Director and Human Services Board 

Motion by Moeller, seconded by Englebert to approve Resolution 2012-87 – Approval of the appointment of 

Joseph Krebsbach as the Door County Human Services Director and approval of the appointment of Helen Bacon, 

John Beck, MD, Charles Brann, Roy Englebert, Susan Kohout, Thomas Leist, Joe Miller, Mark Moeller, Hugh 

Mulliken, Holly Runquist and Dale Wiegand to the Door County Human Services Board. 

Administrator Murphy explained earlier this year the County Board voted to merge the Social Services and 

Community Programs Departments to create a Human Services Department and to appoint Joe Krebsbach as the 

Oversight Human Services Director. Murphy endorsed the appointment of Krebsbach as the full-time Human 

Services Director, effective January 2, 2013. Furthermore, the creation of a Human Services Department requires 

the need for a Human Services Board. The HS Board will be comprised of 11 members – 7 County Board 

Members and 4 Members from the Public. Staggered terms are required – 4 will have a 1 year term, 4 will have a 

2 year term and 3 will have a 3 year term. After their first terms expire, the term of office going forward will be 3 

years. 


Resolution 2012-88 – Committee/Commission/Board Appointments 

Motion by Meyer, seconded by Lienau to approve Resolution 2012-88 – Confirmation of the following 

appointments: ADRC Advisory Board – Christine Anderson, Helen Bacon, Paul Kok, Tom Krueck, Robert 

Sullivan, Wally Tess, Jr., Judith Treptow and Dale Wiegand; Board of Health – James Heise, MD; Housing 

Authority – JoAnn Schley and Paul Treadeau; Land Information Council – Eric Christensen; Library Board – Gayle 

Gulley and Jack Jordan; Nicolet Federated Library Appointment – Miriam Erickson; Veterans Service Commission 

– Kenneth Wendt; Economic Development – David Enigl and Mark Feuerstein; Agriculture and Extension 

Committee – Tim O’Connor. 


Ordinances: 

Report – Text Amendment Related to Exclusive Agricultural (EA) Zoning District 

Planning Director Mariah Goode explained the Town of Clay Banks petitioned for text amendments to the 

zoning ordinance which will affect the Exclusive Agricultural (EA) zoning district, found only in Clay Banks. The 

changes requested include creating a new use to be allowed in the EA district called “Non-Farm Residential Lot”. 

The amendments will continue to allow small non-farm residential lots to be created in the EA zoning district in 

compliance with the State Farmland Preservation Program. The amendment will reduce the minimum lot size and 

width. The changes will provide additional flexibility by not restricting to whom the lots may be sold and allowing 

any home to be separated from a farm parcel. 

Motion by Fisher, seconded by Enigl to accept the report of the RPC. Motion carried by voice vote. 

Ordinance 2012-25 – Text Amendment Related to Exclusive Agricultural (EA) Zoning 

Motion by Fisher, seconded by Kohout to approve Ordinance 2012-25. 


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Resolution 2012-26 – All Terrain Vehicles and Utility Terrain Vehicles 

Motion by Neinas, seconded by Gunnlaugsson to approve Ordinance 2012-26 – An ordinance establishing 

Chapter 11.05 which will be known as the Door County All Terrain Vehicles (“ATV”) and Utility Terrain Vehicles 

(“UTV”) Ordinance within the Door County Code. 

Neinas noted this has been a work in progress which was brought forward by the Town of Union. Supervisor 

Fontaine further added this came about from constituent requests in the Town of Union. The ordinance mirrors 

State Statutes. This ordinance is for the Town of Union. 

CC Thomas explained this is a County “master agreement”; once in effect, it can accommodate whatever a 

municipality wants to do. The State allows a municipality to designate any municipal road as an ATV/UTV trail. If 

a municipality decides to create a trail, they do not have the authority to create the trail on any county road. 

A discussion regarding the pros and cons was held. Many Supervisors expressed concerns with the age of 

operators, following rules of the road, safety and liability. 

Motion carried by a vote of 16 Members voting Yes – Austad, Englebert, Enigl, Feuerstein, Fontaine, 

Gunnlaugsson, Kohout, Lienau, Moeller, Mulliken, Neinas, O’Connor, Runquist, Schultz, Virlee and Wiegand; 4 

Members voting No – Fisher, Haines, Meyer and Zipperer; 1 Member excused. 

New Business 

Election of Civil Service Commissioner – Jon Koch (Term ending December 2017) 

Motion by Fisher, seconded by Fontaine to nominate Jon Koch to the Civil Service Commission. 

Motion carried by unanimous roll call vote. 

Election of Civil Service Commissioner – Sharon Haines (Filling unexpired term of Michael Mittermann – 

Term Ending December 2013) 

Motion by Wiegand, seconded by Lienau to nominate Sharon Haines to the Civil Service Commission. 

Motion carried by unanimous roll call vote with Supervisor Haines abstaining as Sharon is his wife. 

Oral Committee Reports 

Reported information obtained through the Workforce Development Board regarding highlights of the 

workforce in the U.S. 

Wiegand noted the Monthly Meeting Calendar listed the wrong time for the meeting of the Ad Hoc Fair 

Study Committee – correct meeting time is 4:00 p.m. 

Review Committee Minutes: 

Reviewed and placed on file. 

Review Vouchers, Claims and Bills: 

The bills were reviewed and placed on file. 

Announcements 

Next Regular County Board Meeting: 

Chairman Austad asked for approval to move the January regular County Board meeting to the 5 th Tuesday in 

January. 

Motion by Schultz, seconded by Gunnlaugsson to change the January, 2013 meeting to the 5 th Tuesday, 

January 29, 2013. Motion carried by voice vote. 

Chairman Austad noted the next Administrative Committee meeting will be held on January 22, 2013 and the 

next Finance Committee meeting will be held on January 21, 2013. 

Adjourn: 

Motion by Virlee, seconded by Wiegand to adjourn. Motion carried. Time 11:31 a.m. 

Recorded by County Clerk Jill M. Lau. 

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RESOLUTION NO. 2013-01 

IN MEMORIAM – HERBERT PETERSEN 

TO THE DOOR COUNTY BOARD OF SUPERVISORS: 

WHEREAS, Herbert Petersen died December 15, 2012; and 

WHEREAS, Supervisor Petersen was elected to the Board of Supervisors in 

April 1966 and thereafter elected in 1968, 1970, 1972 and 1974, representing 

District 1 – Town of Sturgeon Bay-Clay Banks; and 

WHEREAS, Herb served as Chairman of the Door County Board of 

Supervisors from 1972 through 1973, and as Vice Chairman in 1974-1975; and 

WHEREAS, Supervisor Petersen served on the Health Committee, Legislative 

Committee, Ag & Education, Natural Beauty Council, Property Committee, 

Emergency Government Committee; and 

WHEREAS, Supervisor Petersen also served as Chair of the Civil Defense 

Committee, Protection of Persons & Property and Committee on Aging, as well as 

Chair and Vice Chair of the Executive & Personnel Committee. 

NOW, THEREFORE, BE IT RESOLVED, That the Board of Supervisors, 

assembled in regular session this 29th day of January, 2013, extend our sincere 

sympathy to Herb’s family with this acknowledgement of his dedication to the 

citizens of the County of Door. 

_________________________ _________________________ 

Daniel Austad Joel Gunnlaugsson John Neinas 

_________________________ _________________________ 

Charles Brann Richard Haines Tim O’Conner 

_________________________ _________________________ 

Roy Englebert Susan Kohout Holly Runquist 

_________________________ _________________________ 

David Enigl David Lienau Kathy Schultz 

_________________________ _________________________ 

Mark Feuerstein Ben Meyer Richard Virlee 

_________________________ _________________________ 

Kenneth Fisher Mark Moeller Dale Wiegand 

_________________________ _________________________ 

Cletus Fontaine Hugh Mulliken Leo Zipperer 

CERTIFICATION: 

I, Jill M. Lau, Clerk of Door County, hereby certify that the above is a true and correct copy of a resolution that was 

adopted on the 29th day of January, 2013, by the Door County Board of Supervisors. 

Jill M. Lau 

County Clerk, Door County 

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ROLL CALL 

Board Members 

AUSTAD 

BRANN 

ENGLEBERT 

ENIGL 

FEUERSTEIN 

FISHER 

FONTAINE 

GUNNLAUGSSON 

HAINES 

KOHOUT 

LIENAU 

MEYER 

MOELLER 

MULLIKEN 

NEINAS 

O’CONNOR 

RUNQUIST 

SCHULTZ 

VIRLEE 

WIEGAND 

ZIPPERER 

BOARD ACTION 

Aye Nay Exc. 

Vote Required: Two Thirds of Entire Membership 

Motion to Approve Adopted 

1st Defeated 

2 nd 

Yes: No: Exc: 

Reviewed by: 

Reviewed by: 

, Corp. Counsel 

, Administrator 

FISCAL IMPACT: Currently the 

2012 balance in the Preservation 

Reserve fund is $100,106.72. The 

adoption of this resolution would 

change that balance to $28,154.81. 

sms 

Certification: 

I, Jill M. Lau, Clerk of Door County, hereby 

certify that the above is a true and correct copy 

of a resolution that was adopted on the 

29th day of January , 2013 by the Door 

County Board of Supervisors. 

Jill M. Lau 


Resolution No. 2013-02 

CANA ISLAND PARKING LAND PURCHASE – REPAYMENT OF 

LOAN – MARITIME MUSEUM 

TRANSFER OF NON-BUDGETED FUNDS 

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WHEREAS, In accordance with Section 65.90(5)(a) Wisconsin 

Statutes and Rules of Order #19 the amounts of the various 

appropriations and the purposes for such appropriations stated in a 

budget may not be changed unless authorized by a vote of twothirds 

of the entire membership of the Door County Board of 

Supervisors; and 

WHEREAS, Door County, by adoption of Resolution 2009-40 

on August 25, 2009, and Resolution 2011-78 on September 29, 

2011, authorized the acquisition of real property (with a purchase 

price of $1,300,000) for Cana Island Parking. In substantial part 

(roughly 95%) of the monies for acquisition of the real property 

came from donations, grants, the Cana Island Preservation 

Reserve fund, the sale of land, and an advance from Door County. 

The balance (of $72,181.49), necessary to effectuate this 

acquisition, was loaned to Door County Parks by the Door County 

Maritime Museum; and 

WHEREAS, The Finance Committee is recommending that 

$72,181.49 be repaid to the Door County Maritime Museum, and 

that the monies be transferred from the Cana Island Preservation 

Reserve 100.32133. 

NOW, THEREFORE, BE IT RESOLVED, That the Door 

County Board of Supervisors does hereby approve the payment of 

$72,181.49 to the Door County Maritime Museum as full payment 

of the real property acquisition loan from the Museum as set forth 

above. 

SUBMITTED BY: 

Finance Committee 

David Lienau, Chairman Joel Gunnlaugsson 

Daniel Austad Kathy Schultz 

Charles Brann Leo Zipperer 

Kenneth Fisher 

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ROLL CALL 

Board Members 

AUSTAD 

BRANN 

ENGLEBERT 

ENIGL 

FEUERSTEIN 

FISHER 

FONTAINE 

GUNNLAUGSSON 

HAINES 

KOHOUT 

LIENAU 

MEYER 

MOELLER 

MULLIKEN 

NEINAS 

O’CONNOR 

RUNQUIST 

SCHULTZ 

VIRLEE 

WIEGAND 

ZIPPERER 

BOARD ACTION 

Aye Nay Exc. 

Vote Required: Majority Vote of Total Membership 


1st Defeated 

2 nd 

Yes: No: Exc: 

Reviewed by: 

Reviewed by: 



FISCAL IMPACT: The 15 year 

agreement requires an initial annual 

fee of $500 which will be adjusted 

proportionately with the Consumer 

Price Index (CPI-U) on an annual 

basis. sms 




of a resolution that was adopted on the 29th 

day of January , 2013 by the Door County 

Board of Supervisors. 

Jill M. Lau 



APPROVAL OF LICENSE AGREEMENT WITH SKYDIVE DOOR 

COUNTY LLC 

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WHEREAS, Rule No. 34 of the Rules of Order provides, in 

pertinent part, that “...no Committee of the County Board shall enter 

into any contract for a period in excess of three (3) years without 

prior approval of the County Board…”; and 

WHEREAS, Skydive Door County, LLC seeks permission to 

have a multi-year License Agreement to access the Airport for the 

purpose of tandem skydiving/parachuting operations; and 

WHEREAS, The Airport & Parks Committee has considered 

and approved the License Agreement (attached hereto as 

Addendum A and incorporated herein by reference); and 

WHEREAS, It is deemed advantageous and suitable for the 

County of Door to enter into the License Agreement. 


County Board of Supervisors does hereby approve the License 

Agreement. 

BE IT FURTHER RESOLVED, That the Parks & Airport 

Director, subject to the general oversight of the Airport & Parks 

Committee, is responsible for administration of the License 

Agreement. 

SUBMITTED BY: 

Airport & Parks Committee 

Charles Brann, Chair Richard Virlee 

Ken Fisher Dale Wiegand 

Ben Meyer 

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LICENSE AGREEMENT 

AIRPORT ACCESS [SKYDIVING ACTIVITIES] 

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Addendum A Attachment to Resolution 2013-03 

This Agreement is made on the______ day of _____, _______ by and between the County of Door (“County”), a body 

corporate and Skydive Door County LLC, whose principal office is located at 2986 Lake Forest Park Road, Sturgeon 

Bay, Wisconsin 54235 and phone numbers are 920-818-0007 and 615-504-9791 (“Licensee”). 

WHEREAS, County owns, controls and operates the Door County Cherryland Airport (“Airport”) situated at 3538 

Park Drive, Sturgeon Bay, Wisconsin and possesses the power and authority to grant certain rights and privileges with 

respect thereto, including those set forth in this agreement; 

WHEREAS, the Licensee seeks permission to have a multi-year License Agreement (hereafter “Agreement”) to access 

the Airport for the purpose of tandem skydiving/parachuting operations. The Federal Aviation Administration 

(“FAA”) currently recognizes such as a legitimate aeronautical activity; 

WHEREAS, County does not deem this activity to be inconsistent or incompatible with its operation of the Airport; 

and 

WHEREAS, County has a licensing or permitting process in place for such activities that provides a level of regulation 

and compensation satisfactory to meet the obligations and needs of the Airport. 

NOW, therefore, in consideration of the terms and provisions set forth herein, and other good and valuable 

considerations, the receipt, sufficiency, and adequacy of which is acknowledged, the parties mutually agree as follows: 

1. County hereby grants Licensee the non-exclusive privilege of using Airport for skydiving activities. This may 

include three (3) student programs, i.e., Tandem Progression, Accelerated Freefall (“AFF”) and/or Instructor 

Assisted Deployment (“IAD”). 

2. Licensee understands and agrees that the access granted is a privilege and is terminable at any time, at the 

County’s discretion and judgment, based on Licensee’s violation of this Agreement and/or for reasons of 

airport efficiency (i.e., when necessary to serve the civil aviation needs of the airport) and/or safety (i.e., 

when necessary for the safe operation of the airport). 

County will provide written notice of termination and an opportunity to cure within a prescribed period of 

time, to Licensee. Activities authorized hereunder may be, at County's discretion and judgment, limited or 

suspended during the cure period. 

Licensee may file a complaint with the FAA (e.g., consult with and seek the assistance of flight standards 

and/or air traffic) regarding the reasonableness of the County's actions (i.e., those which restrict or deny 

Licensee use of the airport) hereunder. Both parties acknowledge that that the FAA is empowered to make the 

final determination as to the reasonableness of the County's actions complained of by Licensee. 

If (and to the extent) the FAA determines that County’s actions place the Airport in a position inconsistent 

with Federal obligations, Licensee may immediately resume exercising its privileges hereunder. 

3. In no event shall the County be deemed to have granted Licensee the right to the use of any airport property 

for any purpose other than identified in this Agreement. 

4. Term of this Agreement shall be for a period of fifteen (15) years, commencing January 1, 2013, and 

continuing through December 31, 2028, unless sooner terminated in accordance with the provisions here set 

forth. 

If the Licensee constructs or acquires a hangar at the Airport, County and Licensee will, in good faith, 

endeavor to timely negotiate a fifteen (15) year extension of this Agreement. 

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5. Licensee shall pay County, as compensation for the privilege being granted by the issuance of this license, an 

annual fee (hereafter “fee”) of five hundred dollars ($500.00). This fee shall be paid in advance. Payment is 

due on the first day of this agreement’s term and May 1 each year thereafter. Payment, in the form of a check 

or money order payable to the “County of Door”, must be received by the Airport Director at 3538 Park 

Drive, Sturgeon Bay WI 54235 on or before due date. 

Starting in 2014, this fee will be adjusted on an annual basis. This change in the fee is directly proportional to 

the percentage change in the Consumer Price Index for all Urban Consumers - Chicago / Gary / Kenosha 

(CPI-U) from the third quarter of the previous year to the third quarter of the current year. The ceiling (i.e., 

upper limit) for annual increase is three percent (3%), the floor (i.e., lower limit) for the fee is the previous 

year’s fee. 

6. Licensee shall work cooperatively with the Airport Director and the Airport’s fixed base operator to develop, 

periodically review, and (if necessary) revise protocols applicable to Licensee’s skydiving activities at the 

Airport. The initial protocols will be reduced to writing and executed by the parties hereto concurrent with 

this Agreement being in full force and effect. 

7. Licensee shall not conduct skydiving activity if that activity creates a hazard to air traffic or persons or 

property on the ground as determined by the County. 

Licensee may file a complaint with the FAA (e.g., consult with and seek the assistance of flight standards 

and/or air traffic) regarding the reasonableness of the County's actions (i.e., those which restrict or deny 

Licensee use of the Airport) hereunder. Both parties acknowledge that that the FAA is empowered to make 

the final determination as to the reasonableness of the County's actions complained of by Licensee. 

If (and to the extent) the FAA determines that County’s actions place the Airport in a position inconsistent 

with Federal obligations, Licensee may immediately resume exercising its privileges hereunder. 

8. Licensee shall observe and comply with all federal, state, and local laws, ordinances, rules, regulations or 

standards applicable to the Airport which are now in effect or are hereafter promulgated. This includes, but is 

not limited to, Federal Aviation Administration (FAA) and Wisconsin Department of Transportation- 

Wisconsin Bureau of Aeronautics (BOA) regulations concerning skydiving activities. 

9. Licensee is and will remain a member of the United States Parachute Association (USPA), and will adhere to 

the USPA’s established Basic Safety Requirements (BSRs). 

10. Licensee shall offer proof, to County’s reasonable satisfaction, that Licensee holds all required state and/or 

federal certificates, licenses or permits, including but not limited to a seller’s permit. 

11. Licensee shall provide a copy of its current aircraft repair, and any other requisite, certification to County 

(i.e., the Airport Director). 

12. Licensee shall be solely responsible for and shall take the actions necessary to eliminate the harmful effects 

from the Licensee, or Licensee’s officers, agents, employees, contractors, subcontractors, licensees or 

customers discharge, spilling, leaking, pumping, pouring, emitting, emptying or dumping of any hazardous 

substance at the Airport. 

13. Licensee agrees to defend, indemnify and hold the County completely harmless from and against any and all 

claims, costs (including attorney fees and litigation expenses), damages, fines, judgments, liabilities and 

losses arising out of, resulting from, or in any way connected with the Licensee, Licensee’s officers, agents, 

employees, contractors, licensees or customers use of or activities at the Airport. This includes, but is not 

limited to the presence or spill of hazardous substance. 

This section shall survive expiration of this Agreement. 

14. During the full term of this agreement Licensee shall, at its sole cost and expense, maintain a policy or 

policies of insurance as follows: 

a. Comprehensive General Liability: 

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One million dollars ($1,000,000) combined single limit (i.e., up to $1,000,000 per occurrence for 

bodily injury and/or property damage arising out of single loss, with no sub-limits). 

This coverage must be written on an “occurrence” basis and shall cover all risks incident to any 

activity of Licensee at the Airport, and include contractual liability coverage for the indemnity 

provided under this agreement. 

b. Aircraft Liability: 

Three hundred thousand dollars ($300,000) combined single limit (i.e., up to $300,000 per 

occurrence for bodily injury and/or property damage arising out of single loss, with no sub-limits). 

A combined single limit of coverage that applies to all bodily injury and property damage claims. 

The specified maximum amount can be paid out for a covered occurrence in any combination (e.g., 

passenger bodily injury, other person´s bodily injury and/or property damage). 

c. Automobile Liability 

Minimum liability coverage required by Wisconsin Law, but not less than: 

$50,000 for injury or death of one person; 

$100,000 for injury or death of two or more people; and 

$15,000 for property damage. 

Uninsured and underinsured motorist coverage is also required, each with minimum limits of 

$100,000/$300,000 for bodily injury coverage. 

d. Hangar Keeper’s Liability: 

Required only if applicable (i.e., aircraft owned by others is in Licensee's care, custody or control). 

One hundred thousand dollars ($100,000) each aircraft / two hundred and fifty thousand dollars 

($250,000) each occurrence, with no sub-limits, and a deductible of not more than ten thousand 

dollars ($10,000) each loss. 

e. Workers Compensation Insurance. 

If and as required under Wisconsin Law 

The Licensee will provide the County (i.e., the Airport Director) with certificate(s) of insurance identifying 

each policy described above. 

The certificate(s) of insurance must include a provision that gives the County thirty (30) days prior written 

notice of any modification or cancellation to the insurance policy. 

Each insurance policy (except Worker’s Compensation) shall identify the County as an “additional insured”. 

Licensee shall provide County (i.e., the Airport Director) an additional insured endorsement evidencing this 

fact. 

Each policy shall be issued by a company licensed to do business in Wisconsin and is acceptable to County. 

Licensee shall not exercise its privilege to use the Airport until and unless said insurance is in full force and 

effect. 

These insurance requirements are subject to good faith review, and equitable adjustment due to change 

of circumstances upon written agreement of the parties, every three (3) years. If agreement can not be 

reached on such adjustment, this Agreement may be subject to equitable rescission at the option of the 

party seeking the adjustment. 

15. Licensee shall ensure that each parachute jumper executes an assumption of risk and release of liability form. 

Licensee shall retain the executed forms and, upon request, provide copies of the same to County. 

16. Licensee is an independent entity, and is completely separate and distinct from the County. Nothing in or 

done pursuant to this Agreement shall be construed to create the relationship of employer and employee, 

principal and agent, partners, or a joint venture between County and Licensee. 

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17. Licensee, except as noted below, irrevocably submits itself to the original jurisdiction of the County of Door, 

State of Wisconsin, with regard to any controversy arising out of, relating to, or in any way concerning this 

Agreement 

If federal law exclusively applies, the parties agree that jurisdiction will lie in the U.S. District Court, Eastern 

District of Wisconsin. 

18. Licensee shall not assign its rights under this Agreement in whole or in part. 

19. If any term or provision of this Agreement is held to be invalid or unenforceable, the Agreement shall be 

effective unless and until such is reduced to writing. 

20. This Agreement constitutes the entire Agreement between the parties. 

Accepted and Agreed this _______ of ________________________, 2012. 

_________________________________________ 

Michael L. Wadkins - Skydive Door County, LLC 

Licensee 


_________________________________________ 

Mercedes Wadkins - Skydive Door County, LLC 


_________________________________________ 

Charles G. Brann, Supervisor, District 11 

Airport and Parks Committee Chairperson 


_________________________________________ 

Keith R. Kasbohm 

Airport Director 


_________________________________________ 

Maureen Murphy, County Administrator 

Approved as to form this _______ of ________________________, 2012. 

_________________________________________ 

Grant P. Thomas 

Door County Corporation Counsel 

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“Skydive Door County” 

15 year lease proposal 

Owners: Michael and Mercedes Wadkins 

Skydive Door County 

OUR GOAL & PURPOSE: – To provide a long term safe, fun, and exciting 

skydiving experience for the tourist who frequent Door County as well as provide recreational 

skydiving to licensed jumpers. To develop a well known and firmly established skydiving 

business at Cherryland Airport. To ultimately own aircraft and a hangar where Skydiving 

operations can be held long term over a 15 year period or more. To provide jobs and employment 

for local citizens of Door County. To develop lasting professional partnerships 

and a friendly working relationship with the Airport Commission , the Airport 

Manager , Aviators , the FBO and the Sturgeon Bay Community. Ultimately providing 

an exciting recreational attraction that all parties will profit from. 

BENEFITS TO COUNTY: – Over the last 3 years Skydive Door County brought many 

tourist to the town of Sturgeon Bay who patroned local bars & dining establishments, who bought 

fuel, attended festivals & specific tourist attractions known only to Sturgeon Bay and Door County. 

In addition to bolstering local businesses, SDC brought many new visitors to 

Cherryland Airport. Skydive Door County purchased large quantities of fuel from the 

airport, we used the aircraft maintenance hangar, provided hangar lease payments 

and referred patrons to Tailwind for scenic airplane rides. We scheduled demonstration 

jumps for the amusement of the community and to foster community relations. 

PRESENTATION BRIEFING: – To provide statistical data to support our 15 year lease proposal: 

Number of Tandems, Number of skydives, Number of Videos, Student Program, Affect of Weather, 

Safety Report, amount of money spent at the airport and a survey of who participated and what it 

means to the county and airport. 

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Back-Up to Resolution 2013-03


Skydiving and the Door County Economy 

(Over a 3 year season) 

1. Over the 3 years many of our Tandem Skydiving Customers had friends and 

family who would come out and watch their loved ones do a skydive. The 

number of friends and family varied between 5-7 additional people 

2. The mean average of each tandem student who brought family and friends to 

watch equates to a average of 5 people (including the student) at the airport at 

any given time during a reservation or walk-in watching or doing a skydive. 

3. This number also translates into bringing additional revenue to the city and county. 

Once they finished their skydive, the family and friends would grab flyers from 

our paper boy kiosk and visit the local establishments. Often we would refer them 

to the local sturgeon bay businesses downtown for dining, drinks, groceries, & fuel. 


Contributions to the community over 3 years 

1. To promote and foster good community relations Skydive Door County donated on 

average 10 – 15 free Tandem Skydives to local , charities, community organizations 

and businesses. Some notable contributions that were donated too: 

Saint Joseph’s Church, Make a Wish Foundation, and the Steel Bridge Festival. 

2. “Skydive Door County” planned and coordinated free Professional Demonstration 

Jumps for the Cherryland Airport, and Saint Josephs annual picnic. 

3. Conducted informal meetings intended to inform, educate, and field questions 

for local Aviators at the Airport 

4. Hired 3-4 additional employees for the third season. 

5. Worked in conjunction with and partnered with Door County Wineries to promote 

their product as well as ours on internet advertising Social Media - “Living Social” 

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“Statistical data of Skydives conducted at Cherryland Airport” 

“2010 Season” 

Tandems Conducted Actual Reservations Revenue lost due to weather 

182 233 51 Tandems 

(Skydives Conducted of Cherryland Airport) 

Tandem Skydives Made Outside Video Sport jumpers Total Skydives 

*182 56 32 *270 

*These numbers include outside video which isn’t a true reflection of actual students 

that jumped the true number is 182 





202 243 41 Tandems 


Tandem Skydives Made Outside Video *AFF Jumps Sport jumpers Total Skydives 

*202 76 *22 *21 *345 


that jumped, the true number is: 224 (Tandem Student and AFF Students) 

* AFF is our Student program we had 2 that season, one completed to their “A” license 

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367 447 70 Tandems 


Tandem Skydives Made Inside video AFF Jumps Sport jumpers Total Skydives 

*367 *122 *0 47 *414 

*No outside video option offered this year - only Hand cam, which the Instructor wore during the 

tandem skydive. 


that jumped, the true number is: 367 (Tandem Students) 

* There was no AFF Student program this season due to an injury that I incurred during the season. 

I was the only appropriately rated instructor for this program. Next year our plan is to get our 

additional employees certified for this program and we hope to have these numbers 

up next season. 


“Tandems” 

Season Reservations Actual Tandems 

2010 233 182 

2011 243 202 

2012 447 *367 

*As you can see we just have almost doubled our numbers from the first year. 

Skydive Door County is growing and we plan on a more aggressive advertisement 

for next season and once we get more establishment obviously our numbers will 

increase. 

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Operations and Revenue for Cherryland Airport (3 seasons) 

Total Hours flown over 3 seasons: Approx 450 hours 

Approx Fuel bought over 3 seasons: 

Revenue in fuel Sales for Airport: $18,868.00 

***Hired 3 additional employees in 2012**** 

- Original total for season one and two was only 4 employees 

we have expanded to 7 employees now. 

Maintenance over 3 seasons: Approx $3750.00 

Total: Approx $22,618.00 

Next Years Projection and Growth 

Skydive Door County has purchased a Billboard on Highway 42/57 and we are looking into purchasing 

more for the for next couple of seasons. We have adjusted are marketing and internet advertising campaign to 

aggressively target all demographics of this area, Green Bay and Appleton via the social media savings 

networks. 

Depending on weather and the results of our advertising, our projection of growth can be as much as 

the following: 

Tandems: Estimated 550 

Student graduates: estimated 10-15 

Video Sales: estimated 175-225 

Sport Skydivers: 50-60 (or more) 

Total Skydives: Approx 650- 750 


Each year as we become more well known and are advertising meets larger markets; 

we can grow exponentially. With the added growth this season and the seasons to come; we will gain a 

financial footing to buy our own plane (or planes) and hire more staff to accommodate a successful skydiving 

operation that is respected among the community and throughout Wisconsin . 

Our business depends upon the 15 year lease and the ability to grow and offer many 

options to the public. As our business grows so does the revenue for Cherryland Airport 

and the surroundingcommunity. 

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15 Year Lease Proposal 

We are petitioning the Board and the County to allow Skydive Door County to have 

a 15 Year lease to operate and grow into a successful business entity on the Airport. As with 

other businesses on the airport like TTX and Tailwind; we are a viable, safe and FAA 

recognized aviation industry that wants to be part of Cherryland Airport to bring business and 

profit to the airport, the community, as well as to Skydive Door County. 

To make any skydiving operations successful, owners of skydiving centers 

(drop zones), like other business owners; we need to have a sense of security in our 

investment that we are making to help us grow and succeed. We would like to purchase our 

own aircraft, buy more gear and ultimately build or buy a hangar. Having a short term 

Lease at intervals of 3-5 years does not provide us that sense security that owners need to 

invest large sums of money into a business (Aircraft, Tandem Gear, Student gear, Hangars etc) 

With the information that we have provided, Skydive Door County has the possibility to 

become the featured tourist attraction here in Door County. With the help of the Board, the 

Airport Commission and good weather we can make that dream a reality, all we need is 

chance to make it happen. 

United States Parachute Association 

The government relations staff at USPA Headquarters includes aviation governing professionals. USPA maintains access at the highest 

level of the FAA and federal government. These important human resources defend skydiving from those in government and industry 

who believe U.S. airports and airspace should be reserved only for major commercial interests. 

5401 Southpoint Centre Blvd. Helpful Links (FAA Regs in association with skydiving) 

Fredericksburg, VA, 22407 www.uspa.org 

phone (540) 604-9740 http://www.uspa.org/AboutSkydiving/FAAUSPA/FARs/tabid/205/Default.aspx 

fax (540) 604-9741 

uspa@uspa.org 

The Parachute Industry Association 

Comprised of companies and individuals united by a common desire to improve business opportunities in this segment of aviation. 

3833 West Oakton Street 

Skokie, IL 60076 

phone: 847-674-9742 

fax: 847-674-9743 

www.pia.com 

Xcelskydiving.com “Ratings for the Professional” (Owner) 

Certifying Instructors and training the trainers in all skydiving instructor disciplines 

www.xcelskydiving.com 

920-818-0469 or 615-504-9791 

www.xcelskydiving.com 

Skydive Door County (Owner) 

Most scenic Drop Zone in Wisconsin (Cherryland Airport) 

3538 Park Dr, Sturgeon Bay, WI 

www.skydivedoorcounty.com (920) 743-1759 (1SKY) 


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ROLL CALL 

Board Members 

AUSTAD 

BRANN 

ENGLEBERT 

ENIGL 

FEUERSTEIN 

FISHER 

FONTAINE 

GUNNLAUGSSON 

HAINES 

KOHOUT 

LIENAU 

MEYER 

MOELLER 

MULLIKEN 

NEINAS 

O’CONNOR 

RUNQUIST 

SCHULTZ 

VIRLEE 

WIEGAND 

ZIPPERER 

BOARD ACTION 

Aye Nay Exc. 

Vote Required: Two Thirds of Entire Membership 


1st Defeated 

2 nd 

Yes: No: Exc: 

Reviewed by: 

Reviewed by: 



FISCAL IMPACT: The fiscal impact 

would be the setting aside of $300,000 

for the Senior Resource Center repair, 

remodeling and/or building. This 

would reduce the Unassigned Fund 

Balance percentage to 16.63% which 

equates to $912,741.21 above the 

limit. Sms 


I, Jill M. Lau , Clerk of Door County, hereby 


of a resolution that was adopted on 

the 29th day of January , 2013 by the Door 


Jill M. Lau 



TRANSFER FUNDS TO A RESERVE—DOOR COUNTY FOR SENIOR 

RESOURCE CENTER FUTURE PROJECTS 

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WHEREAS, In accordance with Sec. 65.90(5)(a) Wisconsin Statutes and 

Rules of Order #19, the amounts of the various appropriations and the purposes 

for such appropriations stated in a budget may not be changed unless authorized 

by a vote of two-thirds of the entire membership of the County Board of 

Supervisors; and 

WHEREAS, Door County will have to undertake future repairs and/or 

remodeling of the Senior Resource Center in order to continue to get the best 

utilization of this facility; and 

WHEREAS, It is deemed to be both reasonable and prudent to begin setting 

aside money in a reserve to fund any future plans for the Senior Resource Center. 

Pre-funding the projects or plan will provide a degree of financial stability by 

reducing reliance on the levy or indebtedness; and 

WHEREAS, The Finance Committee is requesting that $300,000 (three 

hundred thousand dollars) from the Unassigned Fund Balance 100.33101 be 

placed in a reserve fund, (Senior Resource Center Reserve) 100.32147 to be used 

for repair or remodeling. 

NOW, THEREFORE, BE IT RESOLVED, That the Door County Board of 

Supervisors does hereby approve the transfer of the $300,000 (three hundred 

thousand dollars) from the Unassigned Fund Balance 100.33101 to a reserve fund 

("Senior Resource Center Reserve") 100.32147, to be used for repair or 

remodeling. 

BE IT FURTHER RESOLVED, That the Door County Board of Supervisors 

will approve any project(s) and the associated anticipated costs prior to monies 

being transferred from the Senior Resource Center Reserve. 

SUBMITTED BY: FINANCE COMMITTEE 

David Lienau, Chairman Joel Gunnlaugsson 

Daniel Austad Kathy Schultz 

Charles Brann Leo Zipperer 

Kenneth Fisher 

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Resolution No. 2013-05 Page 1 of 2 

RESOLUTION URGING STATE LEGISLATORS TO VOTE IN FAVOR 

OF TRANSPORTATION DOLLARS FOR TRANSPORTATION 


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WHEREAS, Gas tax and vehicle registration fees comprise over 85% of the 

state’s segregated transportation account. Revenues from these two user fees have 

been declining and are inadequate to meet the existing transportation needs in this 

state; and 

WHEREAS, Wisconsin’s past practice of transferring money from the 

segregated transportation fund to the general fund has eroded the public’s 

confidence that the “user fees” they pay through the state gasoline tax and vehicle 

registration fees will be used for their intended purpose; and 

WHEREAS, Wisconsin’s practice of replacing the dollars transferred from the 

state’s segregated transportation fund with general obligation (GO) bonds put our 

state in the precarious position of bonding to fund ongoing operations; and 

WHEREAS, The debt service for these bonds are being paid for out of the 

state’s general fund which hinders its ability to fund other programs like Shared 

Revenue, Youth Aids, Community Aids and courts in the future; and 

WHEREAS, Door County placed an advisory referendum on the November 

2010 ballot asking "Should the Wisconsin Constitution be amended to prohibit any 

further transfers or lapses from the segregated transportation fund?"; and 

WHEREAS, The people of Door County voted overwhelmingly in favor of this 

constitutional amendment – over 75% “yes”; and 

WHEREAS, Fifty-three other counties in Wisconsin also asked the same 

advisory referendum question and the support was similar across the state with an 

average “yes” vote of 70%; and 

WHEREAS, First consideration of this constitutional amendment passed the 

Wisconsin State Legislature overwhelmingly last session, on a bipartisan basis; and 

WHEREAS, The 2012-13 session of the Wisconsin State Legislature has the 

opportunity to pass second consideration of this constitutional amendment and in so 

doing will give the citizens of the entire state the opportunity to vote for amending 

the state constitution to ensure transportation revenues are spent for transportation 

purposes; and 

WHEREAS, Providing constitutional protection for transportation user fees will 

align Wisconsin with our neighbors in Minnesota, Iowa and Michigan.

ROLL CALL 

Board Members 

AUSTAD 

BRANN 

ENGLEBERT 

ENIGL 

FEUERSTEIN 

FISHER 

FONTAINE 

GUNNLAUGSSON 

HAINES 

KOHOUT 

LIENAU 

MEYER 

MOELLER 

MULLIKEN 

NEINAS 

O’CONNOR 

RUNQUIST 

SCHULTZ 

VIRLEE 

WIEGAND 

ZIPPERER 

BOARD ACTION 

Resolution No. 2013-05 Page 2 of 2 

RESOLUTION URGING STATE LEGISLATORS TO VOTE IN FAVOR 

OF TRANSPORTATION DOLLARS FOR TRANSPORTATION 

Aye Nay Exc. 

Vote Required: Majority Vote of a Quorum 


1st Defeated 

2 nd 

Yes: No: Exc: 

Reviewed by: 

Reviewed by: 



FISCAL IMPACT: This resolution 

is as stated in lines 1 thru 8 of 

page 2. The erosion of the 

transportation fund (user fees 

intended for transportation) at the 

State shifts transportation more 

costs to the local governments 

with minimal benefit of the fund. 

sms 




of a resolution that was adopted on 

the 29th day of January 2013 by the Door 


Jill M. Lau 


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County Board of Supervisors strongly urges our state 

representatives to vote in favor of second consideration of 

the joint resolution to protect the transportation fund, thereby 

giving voters across this state the opportunity to vote on a 

binding referendum to amend the constitution and ensure 

the transportation user fees they pay will be spent for 

transportation purposes. 

SUBMITTED BY: 

HIGHWAY COMMITTEE 

John Neinas, Chairman Joel Gunnlaugsson 

Leo Zipperer Cletus Fontaine 

Ken Fisher 

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ROLL CALL 

Board Members 

AUSTAD 

BRANN 

ENGLEBERT 

ENIGL 

FEUERSTEIN 

FISHER 

FONTAINE 

GUNNLAUGSSON 

HAINES 

KOHOUT 

LIENAU 

MEYER 

MOELLER 

MULLIKEN 

NEINAS 

O’CONNOR 

RUNQUIST 

SCHULTZ 

VIRLEE 

WIEGAND 

ZIPPERER 

BOARD ACTION 

Aye Nay Exc. 



1st Defeated 

2 nd 

Yes No Exc: 

Reviewed by: 

Reviewed by: 



FISCAL IMPACT: It is estimated that 

if the State of Wisconsin appropriates the 

funding, counties should see a decline in 

revenues with a decline in expenses 

which would mean less of a need for tax 

levy dollars. Waiting lists will eventually 

be non existent. sms 




of a resolution that was adopted on the 29th 



Jill M. Lau 



IMPLEMENTATION OF FAMILY CARE IN NORTHEAST WISCONSIN 

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WHEREAS, 2007 Wisconsin Act 20 authorized, and Wisconsin has committed itself to, expansion of 

the Family Care program statewide; and 

WHEREAS,The Family Care benefit is currently offered in fifty seven (57) Wisconsin counties. Door 

County is one of only fifteen (15) counties where Family Care has not been implemented; and 

WHEREAS, On August 24, 2010, the Door County Board of Supervisors adopted an enabling 

resolution (Resolution No. 2010-70) under Section 46.2895 Wisconsin Statutes authorizing creation of 

the Northeast Wisconsin Long-Term Care District (which encompasses Brown, Door, Kewaunee, 

Marinette, Menominee, Oconto and Shawano counties); and 

WHEREAS,The counties within the Northeast Wisconsin Long-Term Care District have taken all of 

the (administrative, legal, and other) actions necessary to participate in the Family Care Program, and 

are prepared to provide the Family Care benefit through the operation of a Managed Care Organization; 

and 

WHEREAS, The expansion of the Family Care program to Brown, Door, Kewaunee, Marinette, 

Menominee, Oconto and Shawano counties requires approval by the Wisconsin Legislature's Joint 

Finance Committee and adequate state funding; and 

WHEREAS, One of the Family Care Program’s principal goals was elimination of waiting lists for 

community-based (and other) services. Waiting lists have all but been eliminated in counties where the 

Family Care Program is offered; and 

WHEREAS, The counties within the Northeast Wisconsin long-Term Care District, remain 

responsible for administering the existing long-term care (waiver) programs. In contrast to counties 

where Family Care has been implemented, waiting lists for waiver services have persisted. The 

inequity, of residents in counties where the Family Care Benefit is available having more immediate 

access to services relative to counties where it is not, is clearly not defensible and must not persist; and 

WHEREAS, The Wisconsin DHS has indicated that the demand for long term care services for 

seniors and people with disabilities is ongoing, and the cost is projected to grow by approximately 6% in 

FY 14 and 5% in FY 15; and 

WHEREAS,Versus pre-Family Care long-term care programs, the Family Care program has proven 

to be cost-effective and its long-term financial sustainability seems tenable; and 

WHEREAS, Not immediately implementing Family Care, in Brown, Door, Kewaunee, Marinette, 

Menominee, Oconto and Shawano counties, will create problems for these counties in maintaining longterm 

care services for their residents. 

NOW, THEREFORE, BE IT RESOLVED, That the Door County Board of Supervisors hereby 

requests the State of Wisconsin appropriate the funds necessary (in the 2013-15 Biennial Budget) to 

expand the Family Care Program to Brown, Door, Kewaunee, Marinette, Menominee, Oconto and 

Shawano counties, beginning January 1, 2014. 

BE IT FURTHER RESOLVED, That the County Clerk is directed to forward a copy of this resolution 

to counties within the Northeast Wisconsin Long-Term Care District, the Wisconsin Counties 

Association (for inclusion in the February 5 & 6, 2013, Legislative Exchange), Governor Walker, and all 

Wisconsin and Federal legislators representing Door County. 

SUBMITTED BY: Legislative Committee 

Susan Kohout, Chair Kathy Schultz 

Dale Wiegand 

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ROLL CALL 

Board Members 

AUSTAD 

BRANN 

ENGLEBERT 

ENIGL 

FEUERSTEIN 

FISHER 

FONTAINE 

GUNNLAUGSSON 

HAINES 

KOHOUT 

LIENAU 

MEYER 

MOELLER 

MULLIKEN 

NEINAS 

O’CONNOR 

RUNQUIST 

SCHULTZ 

VIRLEE 

WIEGAND 

ZIPPERER 

BOARD ACTION 

Aye Nay Exc. 



1st Defeated 

2 nd 

Yes: No: Exc: 

Reviewed by: 

Reviewed by: 



FISCAL IMPACT: This grant will 

be used to purchase an interface 

to Spillman records management 

(which will allow State and 

Federal information sharing). No 

other fiscal implication. sms 




of a resolution that was adopted on the 29th_ 



Jill M. Lau 



APPROVAL OF GIFT, GRANT AND/OR DONATION TO THE 

SHERIFF’S DEPARTMENT 

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WHEREAS, Section 59.52(19) Wis. Stats. empowers the 

County Board to accept donations, gifts, or grants of money for any 

public governmental purpose within the powers of the County; and 

WHEREAS, Resolution 75-84 entitled “Gifts, Grants & 

Donations to the County of Door” requires approval of the Door 

County Board of Supervisors, for acceptance of all donations, gifts, 

and grants whether in the form of money, or personal or real 

property; and 

WHEREAS, Rule of Order # 38, entitled ‘Donations, Gifts or 

Grants’, authorized an oversight committee to accept donations, 

gifts or grants; requires County Board be provided notice of any 

donation, gift or grant in excess of $1,000 prior to acceptance; and 

requires that an itemized report of all donations, gifts or grants shall 

be submitted to the county board on an annual basis; and 

WHEREAS, The State of Wisconsin, Office of Justice 

Assistance has approved a grant in the amount of $28,455 to the 

Door County Sheriff’s Office for the WIJIS Information Sharing 

project; and 

WHEREAS, The Law Enforcement Committee has voted to 

accept the aforesaid grant. 

NOW THEREFORE, BE IT RESOLVED, That the Door County 

Board of Supervisors does hereby approve the acceptance of the 

grant for $28,455 from the State of Wisconsin Office of Justice 

Assistance for the WIJIS Information Sharing project. 

BE IT FURTHER RESOLVED, That the aforesaid grant and 

donation shall be administered by the Door County Sheriff’s Office, 

subject to oversight by the Law Enforcement Committee. 

SUBMITTED BY: 

Law Enforcement Committee: 

Richard Virlee Hugh Mulliken 

Kathy Schultz Tim O’Connor 

Richard Haines 

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ROLL CALL 

Board Members 

AUSTAD 

BRANN 

ENGLEBERT 

ENIGL 

O’CONNER 

KOHOUT 

FISHER 

FONTAINE 

GUNNLAUGSSON 

HAINES 

JEANQUART 

FEUERSTEIN 

MEYER 

MOELLER 

MULLIKEN 

NEINAS 

OLSON 

RUNQUIST 

LIENAU 

VIRLEE 

ZIPPERER 

BOARD ACTION 

Aye Nay Exc. 



1st Defeated 

2 nd 

Yes: No: Exc: 

Reviewed by: 

Reviewed by: 



FISCAL IMPACT: The 2013 

budget contains a salary figure of 

$94,500 plus fringe benefits of 

$39,265. sms 




of a resolution that was adopted on the 29nd 



Jill M. Lau 



DEPUTY DIRECTOR OF HUMAN SERVICES POSITION 

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WHEREAS, The creation of a single-county Department of 

Human Services (which was authorized by the County Board's 

adoption of Resolution #2012-10 on January 24, 2012) created 

both the necessity and opportunity to re-organize the structure 

(management and otherwise) of the former Social Services and 

Community Programs Departments; and 

WHEREAS, Following diligent study and earnest deliberation, 

by the Human Services Director, Human Resources Director, 

County Administrator, and oversight committee chairperson, it is 

recommended that the new full-time position of Deputy Director of 

Human Services be created (position description and pay grade 

attached); and 

WHEREAS, the Administrative Committee has considered and 

fully supports this recommendation, and asks that the County 

Board approve the same by adoption of this resolution. 


County Board of Supervisors does hereby create the full-time 

position of Deputy Director of Human Services, and approves the 

attached position description and pay grade. 

SUBMITTED BY: 

ADMINISTRATIVE COMMITTEE 

Dan Austad, Chairman John Neinas 

David Lienau Richard Virlee 

Kenneth Fisher Leo Zipperer 

Cletus Fontaine 

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Attachment to Resolution 2013-08

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REQUESTED: 

REPORT TO THE DOOR COUNTY BOARD OF SUPERVISORS ON 

ZONING AMENDMENT PETITION 

MAP OF SEVASTOPOL - BETTAG 

This report is submitted pursuant to Section 59.69(5)(e), Wisconsin Statutes. 

Jerome Bettag petitioned to an amendment to the detailed zoning map of Town of Sevastopol to change the 

zoning district classification of his property at 4285 Bayshore Drive from Single Family Residential 20,000 (SF20) to 

High Density Residential (HD). 

EXPLANATION: 

Mr. Bettag owns a residential property immediately adjacent to the Westwood Shores condominium hotel in 

western Sevastopol. The Bettag property contains a large single family residence and two older cottages. As such, the 

property is classified as a Multiple Occupancy Development (MOD) for zoning purposes. A MOD is a non-conforming 

use in the current (SF20) zoning district. By rezoning to High Density Residential (HD), the same as Westwood 

Shores, the MOD becomes a conforming use and may be redeveloped in accordance with normal MOD standards. 

HEARING AND NOTICE: 

The Resource Planning Committee held a public hearing concerning this petition on January 3, 2013, at the 

Door County Government Center, Sturgeon Bay, WI. Notice of the public hearing, notice to county board supervisor of 

the affected district, and notice to the Sevastopol Town Clerk have been given in accordance with Chapter 59.69, 

Wisconsin Statutes. Proof of the giving of such notice is available upon request from the Planning Department. 

RECOMMENDATION: 

The Resource Planning Committee hereby recommends approval of the zoning amendment petition and the 

enactment of amendatory ordinance No. 2013-01 

RESOURCE PLANNING COMMITTEE 

Ken Fisher, Chair 

Hugh Mulliken 

David Lienau 

Susan Kohout 

David Enigl 

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ROLL CALL 

Board Members 

AUSTAD 

BRANN 

ENGLEBERT 

ENIGL 

FEUERSTEIN 

FISHER 

FONTAINE 

GUNNLAUGSSON 

HAINES 

KOHOUT 

LIENAU 

MEYER 

MOELLER 

MULLIKEN 

NEINAS 

O’CONNOR 

RUNQUIST 

SCHULTZ 

VIRLEE 

WIEGAND 

ZIPPERER 

BOARD ACTION 

Aye Nay Exc. 

Vote Required: Majority Roll Call Vote of a Quorum 


1st Defeated 

2 nd 

Yes: No: Exc: 

Reviewed by: 

Reviewed by: 






of an ordinance that was enacted on the 29 day 

of January, 2013 by the Door County Board of 

Supervisors. 

Jill M. Lau 


COUNTERSIGNED 

Chairman, Dan Austad 

Door County Board of Supervisors 

Effective Date January 29, 2013 

Ordinance No. 2013- 01 

AMENDMENT TO THE ZONING MAP OF SEVASTOPOL 

BETTAG 

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The Door County Board of Supervisors, pursuant to Section 59.69(5)(e), 

Wisconsin Statutes, does hereby ordain an amendment to the detailed 

zoning map of the Town of Sevastopol to change the zoning district 

classification of the following property from Single Family Residential 

20,000 (SF20) to High Density (HD). 

Tax Parcel # 022-02-30282611F1 described as follows: 

A tract of land located in Government Lot One(1) of Section 30, Township 

Twenty-eight (28) North, Range Twenty-Six (26) East, Town of Sevastopol, 

Door County, Wisconsin and described as follows: 

Commencing at the Northeast corner of said Section 30, thence West along 

the section line, 1552.52 feet to the intersection with the centerline of 

C.T.H. “B”, thence S 00°26’10” E along said centerline of C.T.H. “B”, 200.01 

feet to the point of real beginning, thence continue S 00°26’10” E along said 

centerline of C.T.H. “B” 138.00 feet, thence West 530 feet more or less to 

the high water mark of Green Bay, thence Northerly along said high water 

mark of Green Bay, 145 feet more or less to the intersection with the line 

extended West from the point of real beginning, thence East 485 feet more 

or less to the point of real beginning. 

Pursuant to Section 59.69(5)(e)6, Wisconsin Statutes, this ordinance shall 

become effective upon passage. 

SUBMITTED BY: 

Resource Planning Committee 

Kenneth Fisher, Chairman Hugh Mulliken 

Susan Kohout David Lienau 

David Enigl 

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REPORT TO THE DOOR COUNTY BOARD OF SUPERVISORS ON 

ZONING AMENDMENT PETITION 

AMENDMENT TO THE MAP OF GIBRALTAR 

BUTCHART/MUELLER 

This report is submitted pursuant to Section 59.69(5)(e), Wisconsin Statutes. 

REQUESTED: 

Page 1 

Doug Butchart and Keith Mueller petitioned for amendments to the detailed zoning map to the Town 

of Gibraltar to change the zoning district classification of properties at 3853 and 3845 STH 42 from 

Village Commercial (VC) to General Commercial (GC). 

EXPLANATION: 

Mr. Butchart owns a 2.5 acre lot along Highway 42 northeast of Fish Creek. Mr. Butchart’s single 

family residence is on this property. Keith Muller owns a 1.5 acre adjacent lot from which he 

operates an auto service facility. Both properties are zoned Village Commercial and are the last two 

lots along this stretch of highway zoned Village Commercial. Beyond them are a combination of 

residential and commercial properties zoned Neighborhood Residential, General Commercial, and 

Heartland-3.5. The rezoning is proposed to enable Mr. Butchart to apply for a conditional use permit 

to construct a miniature golf course on his lot. 

HEARING AND NOTICE: 

The Resource Planning Committee held a public hearing concerning this petition on January 3, 

2013, at the Door County Government Center, Sturgeon Bay, WI. Notice of the public hearing, 

notice to county board supervisor of the affected district, and notice to the Gibraltar Town Clerk have 

been given in accordance with Chapter 59.69, Wisconsin Statutes. Proof of the giving of such notice 

is available upon request from the Planning Department. 

RECOMMENDATION: 

The Resource Planning Committee hereby recommends denial of this zoning amendment petition 

for the following reasons: 

1. The Town of Gibraltar has expressed its opposition to the proposed rezoning. 

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2. The notion that the General Commercial (GC) zoning district acts as a transition 

between business centers and strictly residential areas is not applicable at this location 

since there are significant businesses beyond this property to the northeast. 

3. Some uses which are permitted or conditional uses in the General Commercial 

(GC) zoning district would not be appropriate uses of the lots subject to this petition.

Denial Recommendation 

– this report may be 

approved or disapproved 

in accordance with 

Section59.69(5)(e)5., 

Wisconsin Statutes. 

ROLL CALL 

Board Members 

AUSTAD 

BRANN 

ENGLEBERT 

ENIGL 

FEUERSTEIN 

FISHER 

FONTAINE 

GUNNLAUGSSON 

HAINES 

KOHOUT 

LIENAU 

MEYER 

MOELLER 

MULLIKEN 

NEINAS 

O’CONNOR 

RUNQUIST 

SCHULTZ 

VIRLEE 

WIEGAND 

ZIPPERER 

BOARD ACTION 

Aye Nay Exc. 

Vote 

Majority Roll Call Vote of a Quorum 

Required: 


1 

st Defeated 

2n d 

Y 

e 

s: 

No: Exc: 

Reviewed by: 

Reviewed by: 






of a report that was approved on the 29 day of 

January, 2013 by the Door County Board of 

Supervisors. 

Jill M. Lau 


RESOURCE PLANNING COMMITTEE 

Ken Fisher, Chairman 

Hugh Mulliken 

David Lienau 

Susan Kohout 

David Enigl 

Page 2 

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ROLL CALL 

Board Members 

AUSTAD 

BRANN 

ENGLEBERT 

ENIGL 

FEUERSTEIN 

FISHER 

FONTAINE 

GUNNLAUGSSON 

HAINES 

KOHOUT 

LIENAU 

MEYER 

MOELLER 

MULLIKEN 

NEINAS 

O’CONNOR 

RUNQUIST 

SCHULTZ 

VIRLEE 

WIEGAND 

ZIPPERER 

BOARD ACTION 

Aye Nay Exc. 

Vote Required: Majority (roll call) vote of a quorum 


1st Defeated 

2 nd 

Yes: No: Exc: 

Reviewed by: 

Reviewed by: 






of an ordinance that was enacted on the 29th 

day of January, , 2013 by the Door County 


Jill M. Lau 


COUNTERSIGNED 

Dan Austad, Chairman 

Door County Board of Supervisors 

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Ordinance No. 2013-02 

AMENDMENT OF CHAPTER 23 DOOR COUNTY CODE 

THE DOOR COUNTY BOARD OF SUPERVISORS DOES 

HEREBY ORDAIN AS FOLLOWS: 

Existing Chapter 23 Door County Code "Agricultural Performance 

Standards and Animal Waste Storage Ordinance" was enacted on 

August 24, 2004 (Ordinance # 2004-15), and remains in full force 

and effect. 

The Door County Board of Supervisors does hereby ordain an 

amendment to Chapter 23 Door County Code “Agricultural 

Performance Standards and Animal Waste Storage Ordinance" as 

follows: 

Insert a definition for "Board of Adjustment", by creation of 

Subchapter I - Introduction; 1.11 (45); and 

Revise Subchapter V - Violations and Appeals; 1.51 

Appeals, and substitute the "Board of Adjustment" as the 

appeal body in place of the Land Conservation Committee. 

New 1.11(7) and revised 1.51 are attached hereto as Addendum A, 

and incorporated herein by reference. 

Chapter 23 Door County Code, except as revised herein, remains 

in full force and effect. 

This amendatory ordinance shall be in full force and effect from and 

after its enactment and publication. 

SUBMITTED BY: LAND CONSERVATION COMMITTEE 

Hugh Mulliken, Chairman John Neinas 

Cletus Fontaine Dan Vandertie 

Mark Feuerstein 

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ADDENDUM “A” 

Attachment to Ordinance 2013-02 

1.11 Definitions. 

(7) “Board of Adjustment” means the Door County Board of Adjustment, created and appointed under s. 

59.694 Wis. Stats. 

1.51 Appeals. 

(1) GENERAL PROVISIONS. 

(a) What can be appealed. 

1. Final compliance determination made in writing by Soil and Water Conservation Department (SWCD). 

2. Final permit application decisions made in writing by SWCD. 

3. Final permit modification or denial decision made in writing by SWCD. 

4. Final permit suspension or revocation decisions made in writing by SWCD. 

(b) Who may appeal. 

1. Person aggrieved by the decision. 

2. A person is aggrieved by the decision if such adversely impacts the substantial interests of that person. 

(c) How an appeal is taken. 

1. Payment of fee for filing a Notice of Appeal. 

2. Filing a Notice of Appeal with the Board of Adjustment (BOA), with a copy to SWCD. 

3. Notice must identify appellant, specify the decision sought to be reviewed, and designate the factual and 

legal bases for the appeal. 

4. Fee must be paid and Notice of Appeal filed within thirty (30) days from issuance of the decision, or an 

appeal is barred. 

(d) Stay. 

1. The appeal, ordinarily, stays all proceedings in furtherance of the decision appealed from. 

2. The appeal does not stay all proceedings if, after the appeal is filed, SWCD certifies to the BOA that a 

stay would pose an imminent threat to the environment, public health or public safety. 

(e) Standard of review. 

1. Certiorari (i.e. an inquiry, based on the record, into whether the SWCD could have reasonably made the 

decision that it did). 

2. SWCD’s decisions shall be accorded due deference. 

3. The standards set forth in this ordinance are controlling. 

(f) Burden of proof. 

1. The burden of proof rests with the appellant. 

2. The appellant must submit evidence sufficient to support granting the appeal. 

(g) Hearings. 

1. BOA shall fix the time for and location of hearing an appeal. The hearing shall commence within fortyfive 

(45) days of the fee being paid and Notice of Appeal being filed. 

2. Process. 

a. Opening Remarks by Appellant and then by SWCD. These opening remarks are intended to acquaint 

the BOA with the case and set out, in a general way, each side’s case. 

b. Appellant presents real and testimonial evidence first. 

c. SWCD presents real and testimonial evidence second. 

d. Appellant may offer rebuttal real and testimonial evidence. 

e. Closing remarks by appellant and then by SWCD. These closing remarks are intended to be a brief 

summation of each side’s position on the contested issues and the reasons each is entitled to prevail. 

f. Appellant and SWCD may cross-examine witnesses of the other side. 

g. BOA may swear witnesses. 

h. BOA will mark and preserve exhibits. 

i. BOA may cause the proceedings to be taken by a stenographer or by a recording device. The

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expense thereof to be paid by the parties to the proceeding. Any record of hearing will be retained 

by BOA. 

j. The rules of evidence should be adhered to, but do not strictly apply. 

k. The hearing shall be informal in nature. 

(h) Final Determination/Judicial Review. 

1. BOA may affirm or reverse in whole or part or it may modify the decision on review. 

2. Within forty-five (45) days of completion of the hearing BOA shall mail or deliver to each side its 

written determination stating the reasons therefore. This determination shall be a final determination. 

3. Any party to the proceeding may seek judicial review thereof pursuant to and in accordance with 

Section 68.13 Wisconsin Statutes. 

(i) Assessment/Refund of Costs and Fees. 

1. If the Appellant prevails and at the BOA’s sole discretion, the filing fee may be refunded in whole or 

part. 

2. Otherwise, each party must pay its own costs and fees. 

(j) Screening mechanism. 

1. This mechanism is intended to protect the BOA’s impartiality, to maintain BOA’s appearance of 

fairness, and to allow BOA to hear and adjudicate appeals hereunder. 

2. Because of the appearance of impartiality and actual bias are of equal importance, BOA members shall 

refrain from: 

a. Having any direct or personal connection with a pending appeal. 

b. Outside of the hearing, have discussions with or receive evidence from SWCD staff, the landowner 

or land user, or any other person with respect to the substance of a pending appeal. If a BOA 

member’s impartiality can reasonably be questioned, the BOA member will have to recuse oneself 

from consideration of the appeal.

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Back-Up Information to Ordinance #2013-02 

CHAPTER 23 

AGRICULTURAL PERFORMANCE STANDARDS 

AND ANIMAL WASTE STORAGE ORDINANCE 

This Ordinance supersedes Chapter 23 Door County Code – “Animal Waste Storage Facility 

Ordinance” (Ordinance No. 4-87, enacted 02/19/87) 

Subchapter I – Introduction 

1.01 Authority. 

1.02 Title. 

1.03 Findings and Declaration of Policy. 

1.04 Purpose. 

1.05 Applicability. 

1.06 Interpretation. 

1.07 Severability Clause. 

1.08 Relationship to Other Laws. 

1.09 Authority Cited. 

1.10 Effective Date. 


Subchapter II – Administration. 

1.20 Delegation of Authority. 

1.21 Administrative Duties. 

1.22 Inspection Authority. 

1.23 Enforcement Authority. 

Subchapter III – Agricultural Performance 

Standards and Prohibitions 

1.30 Activities Subject to Agricultural State 

Performance Standards and Prohibitions. 

Subchapter I – Introduction 

1.01 Authority. This section is adopted under 

authority granted by Sections 59.01, 59.02, 59.03, 

59.04, 59.54, 59.69, 59.70, 66.0113, 92.07, 92.09, 

92.11, 92.15, and 92.16 Wisconsin Statutes. 

1.02 Title. This Ordinance shall be known as, 

referred to, and may be cited as the “Door County 

Agricultural Performance Standards and Animal Waste 

Storage Ordinance” and is hereinafter referred to as the 

Ordinance. 

1.03 Findings and Declaration of Policy. (1) 

The Door County Board of Supervisors recognizes the 

importance of protecting our ground and surface water 

resources and finds that proper management of 

agricultural practices contributes to the protection of: 

ground and surface waters; public health; plant, animal, 

and aquatic life; and the property tax base of Door 

County. 

(2) The Door County Board of Supervisors 

recognizes the importance of agricultural activities to 

the social, economic, historic, and cultural significance 

and subsistence of Door County residents and 

1.31 Performance Standards and Prohibitions. 

1.32 Cost-sharing required. 

1.33 Implementation and Enforcement Procedures for 

Cropland Performance Standards. 

1.34 Implementation and Enforcement Procedures for 

Livestock Performance Standards and Prohibitions. 

1.35 Variances. 

Subchapter IV – Manure Storage Construction Permit 

1.40 Permit Required. 

1.41 Exception to Permit Requirement. 

1.42 Fee. 

1.43 Construction Requirements. 

1.44 Review of Application. 

1.45 Permit Conditions. 

1.46 Permit Revocation. 

Subchapter V – Violations and Appeals 

1.50 Violations. 

1.51 Appeals. 

transients. 

(3) The residents of Door County have the right to 

implement agricultural activities on the land surface, 

where as these activities are implemented in a 

responsible manner so as not to adversely affect ground 

and surface waters; public health; and plant, animal, and 

aquatic life of Door County. 

(4) The citizens of Door County have the right to 

implement agricultural practices and shall not have 

nuisance actions brought against them, in accordance 

with Section 823.08 Wisconsin Statutes, unless the 

agricultural use or practice is a substantial threat to 

public health or safety. 

(5) The dominant aim of this ordinance is to promote 

the public health, safety, convenience and general 

welfare. 

1.04 Purpose. This Ordinance establishes the right 

to farm responsibly, implements Agricultural 

Performance Standards and Prohibitions and supersedes 

Ordinance No. 4-87 Animal Waste Storage Facility 

Ordinance to reflect new standards. 

1.05 Applicability. This ordinance applies to the 

entire geographical area of Door County, except as 

Door County Code Chapter 23 

Agricultural Performance Standards and Animal Waste Storage Ordinance Page 1 of 15

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AGRICULTURAL PERFORMANCE STANDARDS AND ANIMAL WASTE STORAGE ORDINANCE 

otherwise provided by law. 

1.06 Interpretation. In their interpretation and 

application, the provisions of this Ordinance shall be 

held to be minimum requirements and shall be liberally 

construed in favor of Door County, and shall not be 

deemed a limitation or repeal of any other power 

granted by the Wisconsin Statutes. 

1.07 Severability Clause. If any section, provision, 

or portion of this Ordinance is ruled invalid by a court, 

the remainder of the Ordinance shall not for that reason 

be rendered ineffective. 

1.08 Relationship to Other Laws. 

(1) The enactment of this ordinance shall not 

preclude the County of Door from enacting any other 

ordinance or providing for the enforcement of any other 

law or ordinance relating to the same or any other 

matters. 

(2) The procedures and remedies set forth herein 

may be used in the alternative or in consonance with or 

in lieu of any other remedy or procedure authorized by 

law. 

(3) Neither commencement of an action, nor legal 

remedy granted, under this ordinance may be deemed 

former jeopardy for purposes of concurrent or 

subsequent criminal proceedings relating to the same or 

any other matter. 

1.09 Authority Cited. References herein to the 

Wisconsin Statutes or Wisconsin Administrative Code 

are to those in effect as of the date this ordinance is 

enacted or the Statutes or Code as subsequently 

amended or revised. 

1.10 Effective Date. This Ordinance shall become 

effective upon its enactment and publication by the 

Door County Board of Supervisors. 


(1) “Adequate sod, or self-sustaining vegetative 

cover” means maintenance of sufficient vegetation types 

and densities such that the physical integrity of the 

streambank or lakeshore is preserved. Self-sustaining 

vegetative cover includes grasses, forbs, sedges and duff 

layers of fallen leaves and woody debris. 

(2) “Agricultural land use” means the use of land 

for agricultural practices. 

(3) “Animal feeding operation” means a feedlot or 

facility, other than a pasture, where animals have been, 

are or will be fed, confined, maintained or stabled for a 

total of 45 days or more in any 12-month period. Two 

or more animal feeding operations under common 

ownership or common management are a single 

operation if at least one of the following is true: 

(a) The operations are adjacent. 

(b) The operations utilize common systems for the 

landspreading of manure or other wastes, including a 

manure management plan or landspreading acreage. 

(c) Manure, barnyard runoff or other wastes are 

commingled in a common storage facility prior to 

landspreading. 

(4) “Animal unit” (a) means a unit of measure used 

to determine the total number of single animal types or 

combination of animal types, as specified in NR 243, 

which are fed, confined, maintained or stabled in an 

animal feeding operation. 

(5) “Applicant” means any person who applies for 

a permit under this Ordinance. 

(6) “Best management practices” or “BMPs” 

means structural or non-structural measures, practices, 

techniques or devices employed to avoid or minimize 

soil, sediment or pollutants carried in runoff to waters of 

the state. 

(7) “Board of Adjustment” means the Door County 

Board of Adjustment, created and appointed under s. 

59.694 Wis. Stats. 

(8) “Conservation practice” means a best 

management practice designed to reduce or prevent soil 

or sediment loss to the waters of the state. 

(9) “Crop producer” means an owner or operator 

of an operation engaged in crop related agricultural 

practices specified in s. 281.16 (1) (b), Stats. 

(10) “Cropland practice” means the method, activity 

or management measure used to produce or harvest 

crops. 

(11) “Direct runoff” means a discharge of a 

significant amount of pollutants to waters of the state 

resulting from any of the following practices: 

(a) Runoff from a manure storage facility. 

(b) Runoff from an animal lot that can be predicted 

to reach surface waters of the state through a defined or 

channelized flow path or man–made conveyance. 

(c) Discharge of leachate from a manure pile. 

(d) Seepage from a manure storage facility. 

(e) Construction of a manure storage facility in 

permeable soils or over fractured bedrock without a 

liner designed in accordance with s.NR154.04 (3). 

(12) “Exceptional resource waters” means waters 

listed in s. NR 102.11. 

(13) “Idle manure storage facility” means a manure 

storage facility where the operations cease or manure 

has not been added or removed for 24 months. 

(14) “Karst feature” means an area or surficial 

geologic feature subject to bedrock dissolution so that it 

is likely to provide a conduit to groundwater, and may 



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has misrepresented any material fact in the permit 

application, manure storage facility or closure plans, or 

if the holder of the permit violates any of the conditions 

of the permit. 

Subchapter V – Violations and Appeals 

1.50 Violations. 

(1) PENALTIES. 

(a) Any person violating this ordinance shall: 

1. Forfeit not less than $10.00 nor more than 

$500.00 for each offense; and; 

2. Institute those remedial measures, summarily 

and/or within a defined time period, necessary to 

correct any violation. 

3. Be enjoined or restrained from further 

violation. 

4. Pay the fees, costs and disbursements incurred 

by County associated with prosecution of the action. 

(b) Each day a violation exists or continues 

constitutes a separate offense. 

1.51 Appeals. 

(1) GENERAL PROVISIONS. 

(a) What can be appealed. 

1. Final compliance determination made in 

writing by Soil and Water Conservation Department 

(SWCD). 

2. Final permit application decisions made in 

writing by SWCD. 

3. Final permit modification or denial decision 

made in writing by SWCD. 

4. Final permit suspension or revocation 

decisions made in writing by SWCD. 

(b) Who may appeal. 

1. Person aggrieved by the decision. 

2. A person is aggrieved by the decision if such 

adversely impacts the substantial interests of that 

person. 

(c) How an appeal is taken. 

1. Payment of fee for filing a Notice of Appeal. 

2. Filing a Notice of Appeal with the Land 

Conservation Department (LCC)Board of 

Adjustment (BOA), with a copy to SWCD. 

3. Notice must identify appellant, specify the 

decision sought to be reviewed, and designate the 

factual and legal bases for the appeal. 

4. Fee must be paid and Notice of Appeal filed 

within thirty (30) days from issuance of the decision, 

or an appeal is barred. 

(d) Stay. 

1. The appeal, ordinarily, stays all proceedings in 

furtherance of the decision appealed from. 

2. The appeal does not stay all proceedings if, 

after the appeal is filed, SWCD certifies to the 

BOALCC that a stay would pose an imminent threat 

to the environment, public health or public safety. 

(e) Standard of review. 

1. Certiorari (i.e. an inquiry, based on the record, 

into whether the SWCD could have reasonably made 

the decision that it did). 

2. SWCD’s decisions shall be accorded due 

deference. 

3. The standards set forth in this ordinance are 

controlling. 

(f) Burden of proof. 

1. The burden of proof rests with the appellant. 

2. The appellant must submit evidence sufficient 

to support granting the appeal. 

(g) Hearings. 

1. BOALCC shall fix the time for and location of 

hearing an appeal. The hearing shall commence 

within forty-five (45) days of the fee being paid and 

Notice of Appeal being filed. 

2. Process. 

a. Opening Remarks by Appellant and then by 

SWCD. These opening remarks are intended to 

acquaint the BOALCC with the case and set out, in a 

general way, each side’s case. 

b. Appellant presents real and testimonial 

evidence first. 

c. SWCD presents real and testimonial evidence 

second. 

d. Appellant may offer rebuttal real and 

testimonial evidence. 

e. Closing remarks by appellant and then by 

SWCD. These closing remarks are intended to be a 

brief summation of each side’s position on the 

contested issues and the reasons each is entitled to 

prevail. 

f. Appellant and SWCD may cross-examine 

witnesses of the other side. 

g. BOALCC may swear witnesses. 

h. BOALCC will mark and preserve exhibits. 

i. BOALCC may cause the proceedings to be 

taken by a stenographer or by a recording device. 

The expense thereof to be paid by the parties to the 

proceeding. Any record of hearing will be retained 

by BOALCC. 

j. The rules of evidence should be adhered to, but 

do not strictly apply. 

k. The hearing shall be informal in nature. 

(h) Final Determination/Judicial Review. 

1. BOALCC may affirm or reverse in whole or 

part or it may modify the decision on review. 

2. Within forty-five (45) days of completion of 

the hearing BOALCC shall mail or deliver to each 

side its written determination stating the reasons 



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therefore. This determination shall be a final 

determination. 

3. Any party to the proceeding may seek judicial 

review thereof pursuant to and in accordance with 

Section 68.13 Wisconsin Statutes. 

(i) Assessment/Refund of Costs and Fees. 

1. If the Appellant prevails and at the 

BOA’sLCC’s sole discretion, the filing fee may be 

refunded in whole or part. 

2. Otherwise, each party must pay its own costs 

and fees. 

(j) Screening mechanism. 

1. This mechanism is intended to protect the 

BOA’sLCC’s impartiality, to maintain BOA’sLCC’s 

appearance of fairness, and to allow BOALCC to 

hear and adjudicate appeals hereunder. 

2. Because of the appearance of impartiality and 

actual bias are of equal importance, BOALCC 

members shall refrain from: 

a. Having any direct or personal connection with 

a pending appeal. 

b. Outside of the hearing, have discussions with 

or receive evidence from SWCD staff, the 

landowner or land user, or any other person with 

respect to the substance of a pending appeal. If a 

BOAan LCC member’s impartiality can reasonably 

be questioned, the BOALCC member will have to 

recuse oneself from consideration of the appeal. 

(Ordinance #2004-15; 08/24/04) 

(Ordinance #2012- 



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Tuesday, January 29, 2013 9:00 a.m. - Door County Web Map

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