TOWN OF CEDARBURG MEETING OF THE BOARD OF SUPERVISORS. January 7, 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 Bob Eichner, Dir. Public Works David Salvaggio, Supervisor, Dist. 2 Larry Lechner, Supervisor, Dist. 4 Gary Wickert., Supervisor, Dist 3 Via phone: David Flowers, Dist 1 James Culotta, Administrator Terry Zimmerman, Town Constable Charles Pretty, Treasurer Brad Hoeft, Town Attorney Dawn Priddy, Town Clerk Eric Ryer, Management Asst. 1. CALL TO ORDER/ROLL CALL/PLEDGE OF ALLEGIANCE Chairman Valentine called the meeting to order at 7:02 p.m. with 10 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: Discussion and possible motion regarding one operator license application for Scott Hill Constable Zimmerman stated he has completed a back ground check on the applicant and he recommends the Town Board approve the license. Supervisor Gary Wickert made a motion to approve the operator license for Scott Hill. Larry Lechner seconded. Motion was unanimously approved. 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 August 19, 2008 Park Committee Meeting Minutes b. Accepting November 19, 2008 Plan Commission Meeting Minutes c. Approving December 3, 2008 Special Town Board: Budget Hearing Meeting Minutes d. Approving December 3, 2008 Special Town Board Meeting Minutes e. Approving December 3, 2008 Town Board Meeting Minutes David Salvaggio made a motion to approve the consent agenda items. David Flowers seconded, and the motion passed unanimously.

2 5. TREASURER S REPORT a. Motion Accepting the December 2008 Treasurer s Report Treasurer Pretty summarized the report. Following the summary, Gary Wickert made a motion to accept the Treasurer s Report for December David Salvaggio seconded. Motion was unanimously approved. 6. PRESENTATIONOF BILLS/PURCHASE ORDER/PAYROLL/AWARDS a. Presentation of Bills/Purchase Orders/Payroll/Awards for December 1, 2008 to December 31, 2008 (Check # s ) & Manual Checks ( thru ). David Salvaggio made a motion to approve all bills as presented. Larry Lechner seconded. Motion was approved 5 0. Roll Call: Larry Lechner Aye, David Salvaggio Aye, David Valentine Aye, and David Flowers Aye. Gary Wickert - Aye b. Discussion and possible motion on a purchase order to Cascade Engineering for additional refuse carts Town staff solicited quotes from three different vendors. Cascade Engineering quote was the lowest. The approved 2009 budget includes funds to purchase additional carts. The town is currently out of the 35 gallon containers. Larry Lechner made a motion to approve the purchase order to Cascade Engineering for additional refuse carts. David Salvaggio seconded the motion. Motion passed unanimously. 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 regarding local nuisance/law enforcement issues (Town Constable Terry Zimmerman) Constable Zimmerman addressed the Board stating it was a rather quiet month. He did visit the Eitel residence to get background information on the wood burning furnace issue.. 8. PUBLIC HEARINGS a. Public Hearing to take comment on proposed Ordinance , An ordinance to amend Permitted Signs, of the Town of Cedarburg Code of Ordinances pertaining to the use of special event banners Chairman Valentine asked for any comments or questions. There were none. Larry Lechner made a motion to close the public meeting. The motion was seconded by David Salvaggio, and passed unanimously. b. Discussion and possible motion on proposed Ordinance , An ordinance to amend Permitted Signs, of the Town of Cedarburg Code of Ordinances pertaining to the use of special event banners Local businesses have discussed with the Plan Commission and staff the need to extend the number of days a banner can be displayed, the size of a banner and the number of events allowed per year. The Plan Commission recommended approval of a new ordinance that

3 would allow the size of a banner to be a maximum of 5% of store frontage, up to 60 square feet and permits to last for 30 consecutive days, allowing up to 12 events per year. If approved this ordinance would result in one of the most business friendly banner policies in this area. Larry Lechner made a motion that was seconded by David Flowers to approve Ordinance , An ordinance to amend Permitted Signs, of the Town of Cedarburg Code of Ordinances pertaining to the use of special event banners. The motion passed unanimously. c. Public Hearing to take comment on proposed Ordinance , An Ordinance to Amend Chapter 320: Zoning, of the Town of Cedarburg Code of Ordinances, Ozaukee County, Wisconsin, Regarding the revision of several zoning districts, specifying permitted and conditional uses, amending Definitions and word usage, and relating to permitting child care as a home occupation through a conditional use permit and regulating professional offices in the R-3 district, and adopting a set of partial updates to the Zoning chapter, bringing the Zoning Chapter into consistency with the Town of Cedarburg Comprehensive Plan: 2035 Chairman Valentine asked for any comments or questions. There were none. Larry Lechner made a motion to close the public meeting. The motion was seconded by David Salvaggio, and passed unanimously d. Discussion and possible motion on proposed Ordinance , An Ordinance to Amend Chapter 320: Zoning, of the Town of Cedarburg Code of Ordinances, Ozaukee County, Wisconsin, Regarding the revision of several zoning districts, specifying permitted and conditional uses, amending Definitions and word usage, and relating to permitting child care as a home occupation through a conditional use permit and regulating professional offices in the R-3 district, and adopting a set of partial updates to the Zoning chapter, bringing the Zoning Chapter into consistency with the Town of Cedarburg Comprehensive Plan: 2035 The purpose of the Ordinance is to bring the Zoning Chapter of the Code into consistency with the Town of Cedarburg Comprehensive Plan: Revisions to the Code include a mixture of minor edits, cleaning up language and relocating subsections, cleaning up some past errors and making the Code easier to read. In order to ensure the Town can regulate businesses, the staff edited sections of the Zoning Chapter that deal with conditional uses so they specify some permitted uses in each zoning district. Staff made edits to B-1, B-2 and B- 3 zoning districts, altering the development and yard requirements, to pursue development that is less land consumptive and is consistent with Land Use policy in the Comprehensive Plan. Additional amendments the staff looked at were to section , amending the definition of Home Occupation, to allow for child care as a home occupation through a conditional use permit. The Ordinance would amend the definition of Professional Office to allow for a professional office in an R-3 Single-Family Residential district when not abutting a property zoned for business and without a residential usage. It would also create a definition for Family Child Care Center and Group Child Care Center and amend in regard to regulating family and group child care centers as a home occupation with a conditional use permit. Gary Wickert made a motion to approve Ordinance , An Ordinance to Amend Chapter 320: Zoning, of the Town of Cedarburg Code of Ordinances, Ozaukee County, Wisconsin, Regarding the revision of several zoning districts, specifying permitted and

4 conditional uses, amending Definitions and word usage, and relating to permitting child care as a home occupation through a conditional use permit and regulating professional offices in the R-3 district, and adopting a set of partial updates to the Zoning chapter, bringing the Zoning Chapter into consistency with the Town of Cedarburg Comprehensive Plan: David Salvaggio seconded the motion. Motion passed unanimously. e. Public Hearing to take comment on proposed Ordinance , An Ordinance to Create Chapter 112 of the Town of Cedarburg Code of Ordinances, Ozaukee County, Wisconsin, Regarding the Regulation of Outdoor Wood-Fired Furnaces (formerly known as proposed Ordinance ) Mr. Eitel wanted to reiterate on his he had sent that the prior date and would like them to include a setback to Phase 1&2 furnaces. He suggested 150ft from the lot line not the residence. He also wanted to thank the staff and Town Board for the time they have spent working on this issue. David Salvaggio made a motion to close the public meeting. The motion was seconded Larry Lechner, and passed unanimously. f. Discussion and possible motion on proposed Ordinance , An Ordinance to Create Chapter 112 of the Town of Cedarburg Code of Ordinances, Ozaukee County, Wisconsin, Regarding the Regulation of Outdoor Wood-Fired Furnaces (formerly known as proposed Ordinance ) In December, staff drafted Ordinance to regulate Outdoor Wood-Fired Furnaces. Town Board directed the staff to further research the issue in order to adopt an ordinance that will sufficiently regulate the furnaces in the long-term. EPA has developed a voluntary program that encourages manufacturers of outdoor furnaces to make cleaner models available to consumers. Phase I and Phase II furnaces pass the EPA program. Town Board discussed the location of where a wood-furnace could be placed on the property. The Board agreed to allow wood furnaces 100 ft from lot line or 150 ft from residence whichever is greater. They also agreed that any existing unregulated units could remain as long as they meet the setbacks and are not a nuisance. Any new or replacements furnaces would have to be Phase II. The Board tabled this item to allow Attorney Hoeft to got back and view the language of the ordinance. David Flowers made a motion to table item until the next board meeting. Larry Lechner seconded the motion. Motion passed unanimously. Chairmain Valentine asked to move item 10a before 9a. David Salvaggio made a motion to move 10a before 9a. David Flowers seconded. Motion passed unanimously. Chairman Valentine again asked that another item on agenda be moved up. Item 10b. David Flowers made a motion to move 10b before 9a. Larry Lechner seconded the motion. Motion passed unanimously. 9. OLD BUSINESS a. Discussion on mailbox locations The Grafton Post Office has created a plan to locate two mailboxes at the property line of adjorning parcels in the Ridgeview Meadows subdivision. This new requirement would also

5 apply to other new subdivisions within the Grafton Post Office delivery area. Each mailbox would have their own post. This does comply with the current ordinance. Staff was directed to draft an Ordinance allowing one mailbox per lot to be installed within a certain number of feet from the driveway. 10. NEW BUSINESS a. Update on the landfill monitoring of Pleasant Valley Nature Park There proposed 2009 contract remains the same as the 2008 contract. Chris Hatfield of Northern Environmental discussed the monitoring of the landfill located in Pleasant Valley Nature Park. He stated there are a few items that would need to be addressed such as, trees that will need to be removed, a well that requires repairs to its capg and mowing of the landfill cap. Engineer Bob Eichner stated all items will be addressed by the Town. b. Discussion and possible motion on a conditional use permit application by William Henke to renovate Turne Hall, located at 236 Hamilton Road, into a marketing firm [Petitioner: William Henke, zoned R-3 single-family residential, 0.26 acres, SE ¼ of Sec.35] Mr. Henke requires a conditional use permit to be able to utilize the building as a business. The property is zoned R-3 single-family residential. Attorney Don Levy was present with Mr. Henke. Mr. Henke would like to refurbish Turne Hall into a professional office for his marketing business. Supervisor Salvaggio would like added to the conditional use permit that all required parking would be off site. The Town Landmarks Commission has reviewed the application and recommends Town Board approval of the conditional use permit. David Flowers made a motion to approve a conditional use permit application by William Henke to renovate Turne Hall, located at 236 Hamilton Road, into a marketing firm. David Salvaggio seconded the motion. Motion passed unanimously. c. Discussion and possible motion on a License Agreement for the use of the Hamilton Park parking lot by Henke & Associates [Petitioner: William Henke, zoned R-3 single-family residential, 0.26 acres, SE ¼ of Sec.35] Town parking ordinance requires professional offices to have one parking stall for each 300 square feet of floor space, and one space for each two employees. This would require Mr. Henke to have spaces for the business. Parking is not possible onsite. Mr. Henke is looking to utilize 9 parking spaces in the Hamilton Park. This would be a reduction of the required spaces needed. Town Code does allow for reductions with Town Board approval. In order to use the Hamilton Park lot, a crosswalk and shoulder improvements are needed within the right-of-way of Hamilton Road. Included in the License Agreement parking would be available for those associated with Henke & Associates between 8am to 6pm on weekdays. Atty Levy requested to amend Section 4, the Term of License from December 31, 2049 to December 31, Town Board agreed to the change. Henke & Associates would be responsible for reimbursing the Town for the striping of parking spaces, striping of a crosswalk, paving of the shoulder to the crosswalk, installing of curb stops, installing of signs associated with the crosswalk and reserved parking spaces and for installing the approved landscaping around the parking lot. Mr. Henke will landscape the park with 7ft arborvitae trees. The Board discussed the crosswalk location. The Board directed staff to come up with the best location of the crosswalk and sidewalk. David Flowers made a motion to approve the License Agreement with a change to #2 to insert the word required after the word All and to #4 changing the termination date to December 31, David Salvaggio seconded the motion. Motion passed unanimously.

6 d. Discussion and possible motion on proposed Ordinance , An Ordinance to amend Chapter 232: Parks and Recreation, of the Town of Cedarburg Code of Ordinances, Ozaukee County, Wisconsin, Regarding the creation of rules for camping by Youth Scouting groups in Pleasant Valley Nature Park In October, the Town Board adopted Ordinance , allowing for overnight camping in Pleasant Valley Nature Park for youth scouting groups. In order to provide a safe environment for campers, avoid illegal activity and protect the park and peace of the neighbors, the Board approved a set of camping rules developed by the staff. This ordinance was prepared to codify these rules. Gary Wickert made a motion that was seconded by Larry Lechner to approve Ordinance to amend Chapter 232: Parks and Recreation, of the Town of Cedarburg Code of Ordinances, Ozaukee County, Wisconsin, regarding the creation of rules for camping by youth scouting groups in Pleasant Valley Nature Park Motion passed unanimously. e. Discussion and possible motion on computer and electronics recycling in the Town of Cedarburg Town Staff looked into the possibility of adding recycling of computers and other electronics to the recycling center. These items are considered hazardous and may not be disposed of with other household refuse. Staff contacted three vendors that collect and refurbish or recycle computers and electronics. After reviewing the options, staff is suggesting the Board consider a contract with Midwest Computer Recyclers. They offer the service of recycling computers and televisions, the two main items the Town is looking to recycle. This service would be offered to Town residents only as is all other Recycling Center services. The only item the Town would charge for would be televisions, at a cost of $ This is the same amount Midwest would charge the Town. Administrator Culotta made note that the City of Cedarburg did express interest in participating with the Town on this. Approval of this contract should be contingent upon the Town Attorney review. Gary Wickert made a motion to approve Midwest Computer Recyclers as the vendor of recycling computers and other electronics subject to counsel approval of the service agreement. Larry Lechner seconded the motion. Motion passed unanimously. f. Discussion and possible motion on proposed Resolution , Resolution Changing the Location of a Polling Place relocating the polling place for Wards 5,6,7,8 & 9 to the Town of Cedarburg Fire Station located at 1350 Covered Bridge Road David Salvaggio made a motion to approve Resolution Larry Lechner seconded the motion. Motion passed unanimously. g. Discussion and possible motion on proposed Resolution , Approving Wages Effective January 1, 2009 David Flowers made a motion to approve Resolution , Approving Wages Effective January 1, Gary Wickert seconded the motion. Motion passed 3-2. Larry Lechner and David Salvaggio voted nay. 11. CLOSED SESSION a. The Town Board may go to closed session pursuant to:

7 i. 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 ii. 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 9:20 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, and David Flowers Aye. Gary Wickert - Aye b. Reconvene to open session David Salvaggio made a motion to reconvene to open session at 9:53 p.m. Larry Lechner seconded the motion. The motion was unanimously approved. 12. ADJOURNMENT A motion was made by David Salvaggio and seconded by David Flowers to adjourn at 9:54 p.m. The motion was unanimously approved. Respectfully Submitted, Dawn Priddy Town Clerk

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