TOWN OF CEDARBURG MEETING OF THE BOARD OF SUPERVISORS. May 6, 2009

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1 TOWN OF CEDARBURG MEETING OF THE BOARD OF SUPERVISORS Cedarburg Town Board Minutes Present: David Valentine, Chairman David Flowers., Supervisor, Dist 1 David Salvaggio, Supervisor, Dist2 Gary Wickert, Supervisor Dist 3 Larry Lechner, Supervisor, Dist. 4 James Culotta, Administrator Bob Eichner, Dir. Public Works Brad Hoeft, Town Attorney Eric Ryer, Management Asst Terry Zimmerman, Town Constable Charles Pretty, Treasurer Dawn Priddy, Town Clerk David Flowers and Gary Wickert Via Phone 1. CALL TO ORDER/ROLL CALL/PLEDGE OF ALLEGIANCE Chairman Valentine called the meeting to order at 7:01 p.m. with 5 residents present. The meeting began with the Pledge of Allegiance. 2. 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. NONE 3. COMMUNICATIONS AND REQUESTS FOR HOLDING TANK AGREEMENTS AND OPERATOR LICENSES: a. Discussion and possible motion regarding one operator license application for Tracy Pintor David Flowers made a motion to approve the operator license application for Tracy Pintor. Gary Wickert seconded the motion. Motion passed unanimously. 4. 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 March 17, 2009 Park Committee Meeting Minutes b. Accepting March 18, 2009 Plan Commission Meeting Minutes c. Approving April 1, 2009 Town Board Meeting Minutes d. Approving April 1, 2009 Special Town Board Meeting Minutes David Salvaggio made a motion to approve the consent agenda items. Larry Lechner seconded, and the motion passed unanimously. 1

2 5. TREASURER S REPORT a. Motion Accepting the April 2009 Treasurer s Report Treasurer Pretty summarized the report. Following the summary, Gary Wickert made a motion to accept the Treasurer s Report for April David Flowers seconded. Motion was unanimously approved. 6. PRESENTATIONOF BILLS/PURCHASE ORDER/PAYROLL/AWARDS a. Presentation of Bills/Purchase Orders/Payroll/Awards for April 1, 2009 to April 30, 2009 (Check # s and # s ) & Manual Checks ( thru and ) Checks #6186-#6200 were voided due to misprinting, and Manual Check was skipped. Supervisor Lechner questioned checks 6132 to Davis & Kuelthau & 6133 to City of Cedarburg. Administrator Culotta advised that check 6132 was for the remainder of 2008 and there would be a small amount due for the beginning of Administrator Culotta also stated that check 6133 was for the 4 th quarter of 2008 Pool costs, which is always paid in the following year. David Flowers made a motion to approve all bills as presented. David Salvaggio seconded. Motion was approved 4 0. Roll Call: Larry Lechner Aye, David Salvaggio- Aye, David Valentine Aye, Gary Wickert - Aye and David Flowers Aye. 7. REPORTS TO BE RECEIVED/FILED (Non-action items) a. Possible report regarding Ozaukee County Board of Supervisor meeting updates (County Supervisor Dan Buntrock) Not present b. Possible report from the Leisure Services Commission Not Present c. Possible report regarding local nuisance/law enforcement issues (Town Constable Terry Zimmerman) Constable Zimmerman talked about a couple abandon vehicles, which are all being addressed. The out door wood burning furnace on Hwy 60 has been shut down by the resident. There was also a fire in the Town, the resident was burning clean wood and had thought it was out but it was not and spread, the resident stated he would pay for damages. 8. PUBLIC HEARINGS a. Public Hearing to take comment on a pond application to dig an approximate 0.50 acre pond at 9616 Sherman Road on a acre property zoned A-1 (Agricultural) [Petitioner: John Freeman, SE ¼ of Sec.20] There was no public comment. Larry Lechner made a motion to close the public hearing. David Salvaggio seconded the motion. Motion passed unanimously. b. Discussion and possible motion regarding a pond application to dig an approximate 0.50 acre pond at 9616 Sherman Road on a acre property zoned A-1 (Agricultural) [Petitioner: John Freeman, SE ¼ of Sec.20] 2

3 Mr. Freeman is looking to construct a wildlife pond on his property located on Sherman Rd. Mr. Freeman has provided all the necessary paperwork required by the Commission and staff. The Plan Commission and town staff have reviewed it and recommended that the Board approve the application. David Salvaggio made a motion to approve the pond application to dig an approximate 0.50 acre pond at 9616 Sherman Road on a acre property zoned A-1 (Agricultural) [Petitioner: John Freeman, SE ¼ of Sec.20]. Larry Lechner seconded the motion. The motion passed unanimously. c. Public Hearing to take comment on proposed Ordinance , An Ordinance amending Chapters 184: Land Division and 320: Zoning, of the Town of Cedarburg Code of Ordinances, regarding the use of cisterns in new developments Administrator Culotta stated he had received an from Developer Dewy Stroebel. Mr. Stroebel s comment was to make sure the Board was making it clear on the lot amounts. For example, if there already is a home on a lot and the property is being sub-divided into 7 more lots., would a cistern be required on the 7 new lots and 1 existing? Stroebel would like it clarified it if was just new lots or if all lots in the plat would count toward the requirement. Mr. Stroebel requested that the Board increase the lot amount to more than 8. David Salvaggio made a motion to close the public hearing. David Flowers seconded the motion. Motion passed unanimously. d. Discussion and possible motion on proposed Ordinance , An Ordinance amending Chapters 184: Land Division and 320: Zoning, of the Town of Cedarburg Code of Ordinances, regarding the use of cisterns in new developments Town code currently states two zoning districts require cisterns: CR-A and CR-B, cisterns are required in these districts for new residential development of 8 or more lots. Town Staff and the Plan Commission are recommending the Board extend the cistern requirement to any other or all residential zoning districts in major land division of eight or more lots, and to non-pud commercial and/or industrial districts for major land divisions of eight or more lots and also extend the cistern requirement to new PUD developments (including residential, commercial, industrial and mixed use developments). Supervisor Flowers stated this is based on good sound fire practices and feels 8 is the number we need to stick with. Supervisor Salvaggio stated the ISO rating will improve and will save on insurance costs. Taxpayers will end up paying more if the lot amount is even moved up to 9 lots. Supervisor Flowers questioned on the commercial and industrial developments stating he felt it should not be based on eight lots. Attorney Hoeft stated it would be appropriate to strike the eight or more lots language in the section for the commercial and industrial developments. David Flowers made a motion to approve Ordinance , An Ordinance amending Chapters 184: Land Division and 320: Zoning, of the Town of Cedarburg Code of Ordinances, regarding the use of cisterns in new developments to include the removal of the eight or more lots language in the commercial or industrial developments. David Salvaggio seconded the motion. The motion passed unanimously.. e. Public Hearing to take comment on proposed Ordinance , An ordinance working to make Chapter 320: Zoning, of the Town of Cedarburg Code of Ordinances, consistent with the Town Comprehensive Plan; pertaining to Articles II, III, IV, V, VII, XII, XV 3

4 There was no public comment. Larry Lechner made a motion to close the public hearing. Gary Wickert seconded the motion. Motion passed unanimously. f. Discussion and possible motion on proposed Ordinance , An ordinance working to make Chapter 320: Zoning, of the Town of Cedarburg Code of Ordinances, consistent with the Town Comprehensive Plan; pertaining to Articles II, III, IV, V, VII, XII, XV This Ordinance represents the completion of the Zoning Chapter updates that work to make Chapter 320 consistent with the Town Comprehensive Plan. Edits approved in January ensured principal uses were listed in each zoning district, and altered the development and yard requirements for several districts. Since the January 7 th meeting at which the Board adopted the first round of revisions to the Zoning Chapter, the Plan Commission has considered and made recommendations regarding the remaining updates at their January 21 st, February 18 th, and March 18 th meetings. Staff is asking the Board to consider approving the remaining edits. The Town Board agreed all edit requests are needed in order to be consistent with the Town Comprehensive Plan. David Flowers made a motion to approve Ordinance , An ordinance working to make Chapter 320: Zoning, of the Town of Cedarburg Code of Ordinances, consistent with the Town Comprehensive Plan; pertaining to Articles II, III, IV, V, VII, XII, XV. Larry Lechner seconded the motion. The motion passed unanimously. 9. OLD BUSINESS a. Discussion and possible motion regarding the installation of a crosswalk connecting Turn Halle to the parking lot at Hamilton Park Staff has reviewed the existing roadway and property adjacent to the roadway. Staff suggested the walkway be place on the south shoulder of Hamilton Road, beginning at the west driveway approach for Hamilton Park and continuing west, is approximately 5 feet wide and has a relatively flat cross slope. This shoulder area could be paved and provide for a safer, more comfortable walkway for pedestrians. There is more room south of the shoulder for storage of plowed snow. Pedestrians traveling on this side would be less likely to have to travel in the east bound driving lane. The crosswalk could be placed to align with the east property line of Turn Halle. The grade of the shoulder in front of Turn Halle is similar to the grade on the south side of Hamilton Road. Also reviewed were the sight and stopping distances for the crosswalk. Staff requested a speed study from the Sheriff s Department. That study established a design speed of 32mph. Based on design requirements in A Policy on Geometric Design of Highways and Streets, published by the American Association of State Highway and Transportation Officials (AASHTO), the required sight and stopping distance for this grade at a speed of 32mph on wet pavement, is 240 feet. Based on these calculations, staff recommends placement of the crosswalk at the proposed location. Staff also recommends advance warning signs and YIELD HERE TO PEDESTRIANS as shown on the attachment be installed. 4

5 David Flowers made motion approving the installation of a crosswalk connecting Turn Halle to the parking lot at Hamilton Park as recommended by staff and adding a yellow cone to the center line stating pedestrian crossing. Motion was seconded by David Salvaggio. The motion passed unanimously. b. Discussion and possible motion on Ordinance , An Ordinance to amend Chapter 273 of the Town of Cedarburg Code of Ordinances, regarding Town recycling policy The Town Board agreed that town residents that have businesses outside of the town but still conduct some of their business in the town should still be allowed to utilize the Town recycling center David Salvaggio made a motion to approve Ordinance , An Ordinance to amend Chapter 273 of the Town of Cedarburg Code of Ordinances, regarding Town recycling policy. Larry Lechner seconded the motion. Motion passed unanimously. Supervisor Wickert asked Administrator Culotta to contact the resident who brought his business recyclables into town hall and advise him of the new Ordinance. c. Update on the creation of a Town government access channel Administrator Culotta updated the board on the status of the local Town government channel. It is possible the AT&T channel may be up and running within a couple weeks. Time Warner is taking more time but eventually will be up and running with AT&T. d. Discussion and possible motion to approve an amendment to the service agreement with Kard Recycling & Shredding for the sale of recyclables Kard Recycling does not own roll-off dumpsters; therefore they are unable to transport the Town s crushed glass like the previous vendor. Kard has proposed that they provide a separate truck, exclusively for glass, still separated by color and placed in gaylords. They will pick up that truck and replace it with a new truck. There would be a reduction in the costs to the Town. Larry Lechner made a motion to approve an amendment to the service agreement with Kard Recycling & Shredding for the sale of recyclables. David Flowers seconded the motion. Motion passed unanimously. 10. NEW BUSINESS a. Discussion and possible motion regarding design guidelines for two-family, multifamily, and retirement and senior care development David Salvaggio made a motion to table this item to a future date. David Flowers seconded the motion. The motion passed unanimously. b. Discussion and possible motion to appoint members to various boards, committees, and commissions Chairman Valentine has stated he did not talk to any of the people that are up for reappointment. He felt they are all doing a great job and doesn t see any reason to make any 5

6 changes. Administrator Culotta stated he did talk to Bill Henke who stated he is still interested in continuing with the Plan Commission. Supervisor Flowers stated he knows of someone that may be interested in getting involved in the Town and questioned how they should go about that. Chairman Valentine suggested they Administrator Culotta. David Salvaggio made a motion to approve the appointment of the various boards, committees and commissions. David Flowers seconded the motion. Motion passed unanimously. c. Discussion and possible motion to appoint a Town Attorney to a two year term The Town Attorney is an appointed position and shall be appointed at the first regular meeting of the Town Board in May of odd-numbered years by the Chairperson, subject to confirmation by a majority vote of the Board, the Chairperson being entitled to vote thereon. Staff requests the Town Board consider a motion to reappoint Brad Hoeft as the Town Attorney. David Salvaggio made a motion to reappoint Brad Hoeft as the Town Attorney to a two year term. Larry Lechner seconded the motion. The motion passed unanimously. d. Discussion and possible motion regarding a lease to farm 10 acres of Town owned property at the southeast corner of Western Avenue and Granville Road The town has proposed a lease agreement with Dale Lueders to farm 10 of the 20 acres the Town owns adjacent to the Greystone subdivision. David Salvaggio made a motion to approve the lease to farm 10 acres of Town owned property at the southeast corner of Western Ave. and Granville Rd. David Flowers seconded the motion. The motion passed unanimously. e. Discussion and possible motion regarding proposed Resolution , Opposing Proposed Changes to Wisconsin Prevailing Wage Law The Town Board is opposed to Governor Doyle s proposal to change Wisconsin s prevailing wage law. The Town staff has proposed a resolution for the board to approve. David Salvaggio made a motion to approve Resolution , Opposing Proposed Changes to Wisconsin Prevailing Wage Law. Larry Lechner seconded the motion. Motion passed unanimously. f. Discussion and possible motion regarding proposed Resolution , Formally Endorsing the Town of Cedarburg s Request to Transfer Ownership of Covered Bridge Park from Ozaukee County County Supervisor Stumpf recommended a resolution be draft and approved by the Town Board. to formalize the request. Administrator Culotta also advised there will be a County Board Meeting on May 20 th that will discuss this transfer request. The Town has also received an endorsement from the Cedarburg Landmark Preservation Society among the many other committees in the Town. Larry Lechner made a motion to accept Resolution , Formally Endorsing the Town of Cedarburg s Request to Transfer Ownership of Covered Bridge Park from Ozaukee County. David Flowers seconded the motion. The motion passed unanimously. 6

7 g. Discussion and possible motion regarding the funding of a promotional video for the Town of Cedarburg Larry Lechner recused himself from this agenda item. Town staff has been working with 6 of the area developers on the creation of a promotional video for the Town of Cedarburg. The purpose of the video is to demonstrate how the Town is a great place to live. The original proposal was for the developers to share the cost equally amongst themselves. The developers have requested that the Town share in with the cost of the video. The estimated cost of the video could range from $10,000 - $15,000. The Board advised the staff to let the developers know that the Town is willing to participate in the cost of the video but the extent would be discussed later. Administrator Culotta advised he would have more detailed information at the June meeting and at that time the board would have a better understanding of the cost involved CLOSED SESSION a. The Town Board may go to closed session pursuant to: i. Wisconsin Statutes Sec (1)(c) to Consider employment, promotion, compensation or performance evaluation data of any public employee over which the governmental body has jurisdiction or exercises responsibility, ii. iii. Wisconsin Statutes Sec (1)(e) to Deliberate or negotiate the purchasing of public properties, the investing of public funds, or conducting other specified public business, whenever competitive or bargaining reasons require a closed session, regarding land acquisition, the City of Cedarburg, and Prochnow Landfill; and to Wisconsin Statutes Sec (1)(g) to Confer 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. At 8:31 P.M. David Salvaggio made a motion for the Town Board to go to closed session. Larry Lechner seconded the motion Roll Call: Larry Lechner Aye, David Salvaggio Aye, David Valentine Aye, Gary Wickert Aye and David Flowers Aye. b. Reconvene to open session At 9:28pm, David Salvaggio made a motion to reconvene to open session, which was seconded by Larry Lechner. The motion was unanimously approved. 12. ADJOURNMENT At 9:29, David Salvaggio made a motion to adjourn, which was seconded by David Flowers. The motion was unanimously approved. Respectfully Submitted, Dawn Priddy Town Clerk 7