TOWN OF CEDARBURG MEETING OF THE BOARD OF SUPERVISORS October 2, 2013

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1 TOWN OF CEDARBURG MEETING OF THE BOARD OF SUPERVISORS Present: David Valentine, Chairman Joe Rintelman, Supervisor, Seat 4 Wayne Pipkorn, Supervisor, Seat 1 David Salvaggio, Supervisor, Seat 2 Gary Wickert, Supervisor, Seat 3 James Culotta, Administrator Adam Monticelli, Director of Public Works Brad Hoeft, Town Attorney Charles Pretty, Treasurer Debra Otto, Town Clerk Art Harrington, Attorney 1. CALL TO ORDER/ROLL CALL/PLEDGE OF ALLEGIANCE Chairman Valentine called the meeting to order at 7:00 p.m. The meeting began with the pledge of allegiance. 2. ANNOUNCEMENTS Announcements were presented by Administrator Culotta. Applications will be accepted until October 4 th for a part-time recycling center attendant. This position works approximately 9 hours per week with an hourly rate of $10.50/hour. Additional information can be found on the Town website or at Town Hall. Five Corners Farmers Market will be open Saturday from 9am to 2pm at Wayne s Drive-In. The deadline to submit requests for brush collection is October 15 th. The Town will hold Trick or Treating on the same day and time as the City of Cedarburg October 26 th from 5-8 pm. 3. HEARING OF THE PEOPLE: If you wish to address the Town Board on subjects pertaining to today s meeting agenda, please wait until that item on the agenda is reached. If you wish to address the Board on an item not on the agenda, please do it during the Hearing of the People. Please note whenever you speak on any issue, the person chairing the meeting must recognize you, and then you may approach the microphone and give your name and address for the public record. Please note you will be limited to three (3) minutes. Town resident Joy Friede, 695 Westridge Drive, addressed the Board regarding a litter problem in the Town. Specifically describing the conditions she has observed on a.6 mile stretch of Bridge Road located west of Westridge Drive. 4. COMMUNICATIONS AND REQUESTS FOR HOLDING TANK AGREEMENTS AND OPERATOR LICENSES: a. Discussion and possible motion regarding an operator license application for Lynn Marie Hatleback of the Hamilton. Town Clerk Otto submitted the following operator s license applicant for Town Board consideration. A background check has been completed on the individual listed and copy of a completed responsible beverage course was supplied. The 5 Corners Roadhouse Bar and Grill New: Kathryn Ann Wilson 1

2 Supervisor Rintelman made a motion to approve the operator s license. Supervisor Pipkorn seconded and the motion passed unanimously. 5. CONSENT AGENDA: The Consent Agenda contains routine items and will be enacted by one motion without separate discussion unless someone requests an item to be removed for separate consideration and vote. a. Accepting August 21, 2013 Plan Commission Meeting Minutes b. Accepting August 28, 2013 Special Park & Recreation Committee Meeting Minutes c. Accepting July 18, 2013 Landmarks Commission Meeting Minutes d. Approving September 4, 2013 Town Board Meeting Minutes e. Approving September 18, 2013 Special Town Board Meeting Minutes Supervisor Salvaggio made a motion to accept and approve the consent agenda as presented. Supervisor Rintelman seconded and the motion passed unanimously. 6. TREASURER S REPORT a. Motion Accepting the September 2013 Treasurer s Report Supervisor Salvaggio made a motion to accept the September 2013 Treasurer s Report. Supervisor Wickert seconded and the motion passed unanimously. 7. PRESENTATION OF BILLS/PURCHASE ORDER/PAYROLL/AWARDS: The bills presented for review have been paid from the Town treasury as authorized under Sec (2), Stats. and Sec of the Code of Ordinances. a. Presentation of Bills/Purchase Orders/Payroll/Awards for September 1, 2013 to September 30, 2013 (Check # s ) & Manual Checks ( to ) Note: voided check # Chairman Valentine questioned check made payable to Associated Bank Green Bay, NA. Administrator Culotta stated this was a bond payment. Supervisor Rintelman made a motion to accept the bills, purchase orders, and payroll as presented. Supervisor Pipkorn seconded and the motion passed unanimously. 8. REPORTS TO BE RECEIVED/FILED (Non-action items) a. Possible report regarding local nuisance/law enforcement issues (Constable Ryan Fitting) Constable Fitting was not available for comment. Administrator Culotta stated Constable Fitting has investigated complaints regarding vehicle parking and dog noise in the month of September. b. Report on recreation program revenues and expenditures (Dir. Rec. & Planning Eric Ryer) Assistant Administrator Ryer was not available for comment. Administrator Culotta summarized recreation program activity as of October 2nd. Revenues are at $70, and expenses are $53, leaving a positive balance of $17, PUBLIC HEARINGS a. Public hearing to take comment on an application to rezone land and amend the Zoning Map for property owned by Kevin & Jolie Abitz located at 1899 Horns Corners Road [NW & SW ¼ of Section 9, 6.5 acres, zoned A-1 Agricultural and C-1 Conservancy]. No comments were given. Supervisor Rintelman made a motion to close the public hearing. Supervisor Pipkorn seconded and the motion passed unanimously. 10. OLD BUSINESS a. Discussion and possible action related to Town Code violations concerning the property located at 1766 Horns Corners Road (and the adjacent parcel held in common ownership), tax parcel #s and , Town of Cedarburg. 2

3 3 Cedarburg Town Board Minutes Administrator Culotta summarized that substantial clean up progress has been made at these parcels, however, a number of items still remain in violation. These items include 3 semitrailers, a smaller utility trailer, an excavator, and an additional truck. Property owner, Brian Beschta, stated all items listed are licensed personal property. Attorney Hoeft clarified that the items would need to be related to the permitted business use of the property per zoning code. Resident Stephen Castner, 8707 Kaehlers Mill Road, addressed the Board stating the parcels in question are zoned B1 with the permitted used of florist, drug store, office or delicatessen. Attorney Hoeft stated that through the conditional use permit process there could be other uses for the properties. Administrator Culotta summarized the Board had previously instructed staff to enforce the code regarding this violation. The time period given for compliance has expired. Staff is requesting Board directive, what steps should staff take from here or should the violation be unenforced. Attorney Hoeft stated enforcement could be sought through legal action, either through citations or the filing of a summons and complaint. Supervisor Wickert made a motion for issuance of a citation to enforce the cleanup of the property as described by Town counsel. Supervisor Rintelman seconded. Further Board discussion resulted in a recommendation to issue a citation and encourage Mr. Beschta to apply for a conditional use permit as a possible long term solution. The Board voted and the motion passed unanimously. 11. NEW BUSINESS a. Discussion and possible motion on an application to rezone land and amend the Zoning Map for property owned by Kevin & Jolie Abitz located at 1899 Horns Corners Road [NW & SW ¼ of Section 9, 6.5 acres, zoned A-1 Agricultural and C-1 Conservancy]. Assistant Administrator Ryer supplied reason for this application to rezone to E-1 Estate is to allow for uniform zoning of the 6.5 acres. This would also allow for a future detached outbuilding to the north of the home; under current A-1 zoning the 100 required setback could not be met, however, under E-1 zoning the 40 side yard setback requirement could be met. Supervisor Salvaggio made a motion to approve rezoning of property owned by Kevin & Jolie Abitz located at 1899 Horns Corners Road. Supervisor Rintelman seconded and the motion passed unanimously. b. Review and possible motion on an existing kennel license conditional use permit for Chris Labinski located at Crestview Drive [SW ¼ of Sec.29, 1.15 acres, R-2 single-family]. Assistant Administrator Ryer supplied a kennel conditional use permit was originally issued by the Town Board on October 6, The CUP is good for a 36 month period and contains a condition that requires the Plan Commission and Town Board to review the permit prior to an extension. Chairman Valentine stated the Plan Commission has reviewed the CUP and unanimously recommended allowing its continuation. Supervisor Rintelman made a motion to reissue the conditional use permit with existing findings for Chris Labinski at Crestview Drive. Supervisor Pipkorn seconded and the motion passed unanimously.

4 4 Cedarburg Town Board Minutes c. Discussion and possible motion on the 2014 Town Budget review and adoption schedule. Administrator Culotta supplied the following budget review and adoption schedule for the 2014 budget. 1. Finance Committee Review & Recommend Proposed Budget (Before October 31, 2013). 2. Town Board Review of Finance Committee Recommended Budget (November 6, 2013). 3. Budget Presentation/Public Hearing/Meeting of the Electors/Adoption (December 4, 2013). Supervisor Pipkorn made a motion to approve the 2014 Town Budget review and adoption schedule. Supervisor Rintelman seconded and the motion passed unanimously. d. Discussion and possible motion regarding a Park & Recreation Committee recommendation declaring pitching machines surplus property. Assistant Administrator Ryer supplied the Town purchased three First Pitch baseline model pitching machines in 2011 for the Little League program, each machine was purchased for under $700. Craig Kasten donated two JUGS brand pitching machines during the 2013 season and staff plans on purchasing an additional JUGS machine with surplus 2013 Little League funds. The acquisition of the sturdier and more reliable JUGS machines results in the program having access equipment. Chairman Valentine stated the Park & Recreation Committee did discuss this item and unanimously recommended the Town Board declare the three First Pitch machines as surplus property for sale, so long as funds made off of any sale are reinvested into the Little League program. Supervisor Rintelman made a motion to declare three First Pitch pitching machines surplus property. Supervisor Pipkorn seconded and the motion passed unanimously. e. Discussion on paperless packets. Supervisor Rintelman explained the need for Board review on its policy regarding paperless packets. The Ozaukee County Board recently made the transition to paperless packets and consideration should be taken regarding postage and copying costs. The consensus of the Board was for staff to research options and present a recommendation regarding method of packet delivery. f. Discussion and possible motion to create a Business Development Loan Program. Administrator Culotta stated one of the recommendations made in the Town s 2035 Comprehensive Plan is to Support and promote the use of economic development programs to attract, retain, and expand businesses and industries in the Town. Staff is proposing the creation of a Business Development Loan Program through a partnership with Port Washington State Bank (PWSB). As proposed, PWSB would provide loans at below market rates (currently 1%) and with favorable terms to encourage business development and revitalization throughout the Town. PWSB has committed $250,000 to establish this loan program for the Town. Generally speaking, eligible loan activities are limited to the acquisition and/or the improvement of land/buildings, facilities and equipment including new construction or renovation, demolition and site preparation. Loans would range from a $5,000 minimum to a $50,000 maximum value. A small Town-created committee would be required to review applications and make recommendations to PWSB. There would be no further Town involvement beyond this point. After discussion the Board directed staff to contact other community banks to determine if there is additional interest in participating in the program. Chairman Valentine recommended the committee consist of himself, Administrator Culotta, Supervisor Pipkorn, and a bank representative.

5 Supervisor Rintelman made a motion to create a Business Development Loan Program as discussed with the solicitation of additional banks for possible involvement. Supervisor Pipkorn seconded and the motion passed unanimously. g. Discussion on a rule change by the State Natural Resources Board regarding the use of rifles for hunting. Supervisor Rintelman explained the need for Board discussion on the recent rule change. The Town does have an option to disallow the use of Rifles through local ordinances. Attorney Hoeft clarified the rule change allowing the use of rifles for hunting is for the gun deer season only and is not a year around change. Town resident Larry Baumann, 6786 Cedar Creek Road, addressed the Board with his concern that current ordinance violations are unenforceable and additional hunting privileges will only increase the existing problem. Town resident Jolie Abitz, 1899 Horns Corners Road, addressed the Board stating she was against allowing the use of rifles in the Town because of the distance their bullets can travel. After discussion it was the consensus of the board to take no action at this time. 12. CLOSED SESSION a. The Town Board may go to closed session pursuant to: i. Wisconsin Statutes Sec (1)(g) to [c]onfer with legal counsel for the governmental body who is rendering oral or written advice concerning strategy to be adopted by the body with respect to litigation in which it is or is likely to become involved, including but not limited to, the Prochnow Landfill and the Estate of Marvin Prochnow, Ozaukee County Case No. 99-PR-14. ii. Wisconsin Statutes Sec (1)(f), to consider financial, medical, social or personal histories of specific persons of preliminary consideration of specific personnel problems, which if discussed in public would likely have a substantial adverse effect upon the reputation of any person involved. At 8:20 pm, Supervisor Salvaggio made a motion to go to closed session pursuant to the noticed Wisconsin Statutes. Supervisor Rintelman seconded the motion. Roll Call: Joe Rintelman Aye, David Salvaggio Aye, David Valentine Aye, Gary Wickert Aye, and Wayne Pipkorn Aye. Motion passed 5-0. b. Reconvene to open session and the regular order of business. At 9:19 pm, Supervisor Wickert made a motion that was seconded by Supervisor Salvaggio to reconvene to open session. The motion passed unanimously. 13. ADJOURNMENT At 9:20 pm, Supervisor Wickert made a motion that was seconded by Supervisor Salvaggio to adjourn. The motion passed unanimously. Respectfully Submitted, Debra Otto Town Clerk 5