TOWN OF CEDARBURG MEETING OF THE BOARD OF SUPERVISORS. September 5, CALL TO ORDER/ROLL CALL/PLEDGE OF ALLEGIANCE

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1 TOWN OF CEDARBURG MEETING OF THE BOARD OF SUPERVISORS Cedarburg Town Board Minutes Present: David Valentine, Chairman Joe Rintelman, Supervisor, Seat 4 David Salvaggio, Supervisor, Seat 2 Wayne Pipkorn, Supervisor, Seat 1 Gary Wickert, Seat 3 (via phone) James Culotta, Administrator Eric Ryer, Director of Rec. & Planning Brad Hoeft, Town Attorney Charles Pretty, Treasurer Debra Otto, Town Clerk Adam Monticelli, Director of Public Works Ryan Fitting, Town Constable 1. CALL TO ORDER/ROLL CALL/PLEDGE OF ALLEGIANCE Chairman Valentine called the meeting to order at 7:00 pm. 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 Resident Ralph Luedtke, 7877 Kaehlers Mill Road, addressed the Board regarding his concern over the lack of progress with the installation of the Board approved improvements to the amplification system. He also expressed his concern regarding payments currently being made to Time Warner Cable and their correlation to the number of Town residents capable of receiving Town broadcasts. He suggested staff contact Time Warner Cable to obtain the number of Town residents currently subscribed to their service and also place a line on the yearly questionnaire included within the Town s newsletter. Resident David Moga, 1559 Skyline Drive, addressed the Board regarding the ongoing issues he has faced while trying to obtain approval for a fence on his property. He expressed his frustration of dealing with Building Inspector Kison, Administrator Culotta, and Town Attorney Hoeft; and the unwillingness of the Town Administration to meet with him or his attorney to resolve the issue. He asked for clarification from the Board on how to get this issue resolved. 3. COMMUNICATIONS AND REQUESTS FOR HOLDING TANK AGREEMENTS AND OPERATOR LICENSES: a. Discussion and possible motion approving operator license applications for Tracy Lynn Pintor (Roadhouse), Darrin Edward Zemlicka (PDQ), Cassandra Marie Lee (Roadhouse) and Kari J. Henrichs (Roadhouse). Clerk Otto asked that Cassandra Marie Lee be removed from consideration because of insufficient background paperwork at this time. Supervisor Rintelman made a motion to approve the recommended license application minus Cassandra Marie Lee. Supervisor Pipkorn seconded and the motion passed unanimously. 1

2 b. Discussion and possible motion on a holding tank agreement for Brian and Sandi Kaczkowski. Clerk Otto asked this item be removed from consideration because of insufficient paperwork at this time. 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 July 18, 2012 Plan Commission Meeting Minutes b. Accepting July 19, 2012 Landmarks Commission Meeting Minutes c. Accepting July 10, 2012 Special Park & Recreation Committee Meeting Minutes d. Approving August 1, 2012 Special Town Board Meeting Minutes e. Approving August 1, 2012 Town Board Meeting Minutes Supervisor Salvaggio made a motion of approval and acceptance of the consent agenda. Supervisor Rintelman 5. TREASURER S REPORT a. Motion Accepting the August 2012 Treasurer s Report. Supervisor Salvaggio made a motion to accept the Treasurer s Report for August 2012 as presented. Supervisor Pipkorn seconded and motion passed unanimously. 6. PRESENTATION OF BILLS/PURCHASE ORDER/PAYROLL/AWARDS a. Presentation of Bills/Purchase Orders/Payroll/Awards for August 1, 2012 to August 31, 2012 (Check # s ) & Manual Checks ( through )* NOTE: Check # s voids. Supervisor Salvaggio questioned checks and if softball umpire wages were taken out of monies received from softball registrations. Director of Recreation Ryer clarified the softball registration fees did cover the softball umpire wages. Supervisor Salvaggio questioned check for Time Warner Cable. Administrator Culotta explained it was a monthly set fee for required band width for internet and broadcast services. Supervisor Salvaggio questioned check for General Code. Administrator Culotta explained this was an annual fee for services related to updating the Town code on the internet. Supervisor Salvaggio questioned check for Godfrey & Kahn and what time period it is for. Administrator Culotta explained this was for June legal services regarding a Town environmental issue. Supervisor Salvaggio questioned checks and to Western Culvert. Administrator Culotta clarified these invoices were for materials only. Supervisor Salvaggio questioned check for Groth s Country Gardens recreation fundraiser. Director of Recreation Ryer explained this is a payment for vouchers that the girls softball teams have sold to raise funds and he will have a report on this item compiled for the Park and Recreation Committee. Chairman Valentine questioned check for Village of Grafton reference Keup Road. Administrator Culotta clarified this set payment is for work completed on the Town s portion of Keup Road by the Village of Grafton, the cost of which has been stretched out over a number of years. Supervisor Rintelman made a motion to accept the bills as presented. Supervisor Pipkorn 2

3 7. REPORTS TO BE RECEIVED/FILED (Non-action items) a. Possible report regarding local nuisance/law enforcement issues (Constable Ryan Fitting) Constable Fitting addressed the board stating there were five service requests and three background checks for the month. The three background checks resulted in three recommendations. The service requests include one open request for Skyline Drive regarding animals; a closed request for Butternut Lane regarding an animal at large and dog licensing; a closed request for Highview Drive regarding noxious weeds; a closed request for Ridgefield Court regarding burning; and a closed request for Butternut Lane regarding refuse collection. b. Report on recreation program revenues and expenditures (Dir. Rec. & Planning Eric Ryer) Director of Recreation Ryer summarized the recreation program revenues at the end of August were $72, and expenditures were $66, leaving a balance of $6, He clarified there are still expenditures that will need to be paid for flag football jerseys, field maintenance expenses, and umpiring expenses. He stated the program will have a balance after these are expensed. 8. PUBLIC HEARINGS a. Public hearing to take comment on proposed Ordinance regarding an ordinance to amend Chapter 320: Zoning to allow for barbed wire fences in industrial zoned areas and adding plastic and composite as allowable fencing materials. Resident David Moga requested clarification if the addition of plastic and composite materials was strictly for industrial applications or if it would include residential as well. Supervisor Rintelman clarified it would include residential applications. Supervisor Rintelman moved to close the public hearing. Supervisor Pipkorn seconded and the motion passed unanimously. b. Public hearing to take comment on proposed Ordinance to amend Chapter 320: Zoning of the Town of Cedarburg Code of Ordinances to update applicable language indicating that Ozaukee County now regulates the nonmetallic mining reclamation program for the Town of Cedarburg. No comments were given. Supervisor Rintelman moved to close the public hearing. Supervisor Pipkorn seconded and the motion passed unanimously. 9. OLD BUSINESS a. Discussion and possible motion on proposed Ordinance regarding a speed limit change on Green Bay Road. Supervisor Rintelman moved for adoption of Ordinance Supervisor Pipkorn seconded and motion passed 4-1. Supervisor Wickert voting nay. 10. NEW BUSINESS a. Discussion and possible motion on an application by Michael and Stacey Oppermann for a conditional use permit to operate a stable and horse riding business and have the associated agricultural buildings within 500 feet of a residential district located at Cedar Creek Road [NW ¼ of Section 17, acres, zoned A-1 Agricultural district] 3

4 Michael and Stacey Oppermann currently operate a horse stable and offer lessons and training for all levels of riders and horses, with programs customized to individual needs. Chairman Valentine presented the Plan Commission recommendation from their August 15 th meeting when a public hearing on the matter was held and the CUP was discussed. The Plan Commission recommended the Town Board approve the draft CUP with one change; the first draft permit required manure be removed at least bi-weekly, but the Commission recommended this condition be relaxed to allow manure to be picked up as needed, so long as there is no long-term storage of manure onsite. Chairman Valentine stated no application for a conditional use shall be granted unless the Board shall find that all of the conditions as cited in Section of the Town Code have been met. Conditions were read as: Welfare. The establishment, maintenance or operation of the conditional use will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare. Compatible with adjacent land. Not impede surrounding property development and improvements. Adequate infrastructure. Adequate ingress and egress. Conform to zoning district regulations. Supervisor Salvaggio moved for adoption of the conditional use permit to operate a stable and riding business and have the associated agricultural buildings within 500 feet of a residential district located at Cedar Creek Road. Supervisor Wickert seconded and the motion passed unanimously. b. Discussion and possible motion on proposed Ordinance regarding an ordinance to amend Chapter 320: Zoning to allow for barbed wire on fences in industrially zoned areas and adding plastic and composite as allowable fencing materials. Director of Recreation and Planning Ryer presented that the Plan Commission has reviewed draft proposed Ordinance and unanimously recommended the Town Board approve, noting the intention of the Plan Commission was to add a few more allowable fence materials, but not make the list of fence material exhaustive. Supervisor Salvaggio expressed the need for the entire fence ordinance to be reviewed. Chairman Valentine suggested staff obtain fence ordinances from surrounding communities for use as a guideline and stated the item would be added to a future Plan Commission meeting. Supervisor Rintelman made a motion to adopt Ordinance Supervisor Salvaggio c. Discussion and possible motion on proposed Ordinance to amend Chapter 320: Zoning of the Town of Cedarburg Code of Ordinances to update applicable 4

5 language indicating that Ozaukee County now regulates the nonmetallic mining reclamation program for the Town of Cedarburg. Supervisor Rintelman made a motion to approve Ordinance Supervisor Pipkorn d. Discussion regarding the Fiscal Year 2013 Town budget. Administrator Culotta presented to the Board that in years past, the first step in the budget preparation process is a discussion on budgetary assumptions. He presented the tax rate/levy, performance based wage increase, health insurance, capital improvements, and machinery and equipment were assumptions that could be determined by the Town Board or these items could wait until the Finance Committee meets and forwards a recommendation to the Town Board. Chairman Valentine recommended these items should wait until the Board receives recommendations from the Finance Committee. He stated the need for additional funds to update equipment and machinery. He asked staff to determine when payments will be completed for the Cedarburg Fire Station. The Board agreed the main goal should be to maintain or lessen the levy rate and to try to find additional funds for equipment and machinery updates. Supervisor Salvaggio made a motion to move to agenda item h before agenda item e. Supervisor Pipkorn h. Discussion and possible motion regarding building inspector services. Administrator Culotta and Director of Recreation & Planning Ryer presented a Building Inspector Fee Analysis Summary using a hypothetical example comparing the current fees charged by RK Construction and Inspection and those of the Village of Grafton. Administrator Culotta stated it has been more than six years since the Town has solicited quotes for inspection services. He clarified any decision to utilize the Village of Grafton would need to be made in the near future because of their budget cycle. Supervisor Salvaggio stated the need for these items to be presented in a manner which would allow enough time for a detailed analysis by the Board. He asked for clarification on reasons for the need to review it at this time. Administrator Culotta clarified it is expected of staff to review items periodically and present options to the Board for their consideration. He stated this item is not being presented because of lack of performance by anyone, nor is it a goal to gain additional funds from residents or make it more difficult to obtain permits. Darrell Hofland, Village Administrator for the Village of Grafton, addressed the Board and summarized how they are currently handling contracted work for permitting and building inspections with the Village of Saukville. The consensus of the Board was to not pursue the Village of Grafton inspection option for Several members of the Board thanked Administrator Hofland for attending the meeting. Chairman Valentine summarized the need to request additional proposals for this work prior to the Board making any decisions. e. Discussion and possible motion to award the bid for the 2012 Asphalt Paving Projects. 5

6 There are three stretches of road in the Town of Cedarburg that were last resurfaced over 15 years ago: 1.) Bridge Street from Westridge Drive to Granville Road and Granville Road to Starlet Drive, 2.) Glencoe Drive from Covered Bridge Road to Sylmar Drive, and 3.) Cedar Creek Parkway from Eastwood Drive to Glenbrook Drive (the alternate roadway bid). Stark Asphalt in Milwaukee and Payne & Dolan Inc. in Jackson were the only two respondents to the request for bids. The Payne & Dolan bid for the complete project including the alternate roadway totaled $145, and was the lowest and most responsive bid. The Stark Asphalt bid for the complete project including the alternate roadway totaled $163, Supervisor Salvaggio questioned if the wording in the contract has been reviewed by legal counsel. Attorney Hoeft stated the agreement is sufficient for its purpose. Chairman Valentine stated it is necessary for Director of Public Works Monticelli be familiar with issues that have occurred in the past year regarding paving contracts and verify those same mistakes are not repeated. Director Monticelli stated Administrator Culotta had already briefed him on what transpired last year. Supervisor Salvaggio questioned who developed the specifications for the work quoted. Director of Public Works Monticelli stated M Squared Engineering developed the specifications. Supervisor Salvaggio questioned who will be supervising this project on behalf of the Town. Director of Public Works Monticelli stated he would be supervising and handling any necessary adjustments to assure they are approved through the appropriate channels. Supervisor Pipkorn moved to accept the contract with Payne & Dolan in an amount not to exceed $145, Supervisor Rintelman f. Discussion and possible motion on proposed Resolution to amend the Town Annual Fee Schedule regarding a concept review fee. Supervisor Salvaggio made a motion to adopt Resolution Annual Fee Schedule. Supervisor Pipkorn g. Discussion and possible motion on proposed Resolution regarding a wage for the Director of Public Works. Supervisor Rintelman made a motion to adopt Resolution Supervisor Pipkorn 11. ADJOURNMENT Supervisor Salvaggio made a motion that was seconded by Supervisor Pipkorn to adjourn. The motion passed unanimously and the meeting was adjourned at 8:05 p.m. Respectfully Submitted, Debra Otto Town Clerk 6