A meeting of the Town Board of the Town of Fredonia was held Saturday morning, December 28, 2002, in the Waubeka Firehouse meeting room, W4114 River Street, with Chairman Mueller calling the meeting to order at 10:00 a.m. OFFICIALS PRESENT: Chair Richard Mueller, Supervisors Ellie Doyle, Chris Janik, Cathy Stern and Lance Leider, Clerk Carol A. Mueller, and Treasurer, Tom Sauer. This meeting was held in compliance with the Open Meeting Law in that copies of the agenda were posted in at least three public places in the Town and e-mailed to The Sounder, The Ozaukee Press, and The Milwaukee Journal-Sentinel.

The Clerk provided members with an update on the ‘02 budget, through Dec. 28^th , along with Budget Resolution 3-2002, to amend the budget as needed. Following explanations, MOTION Doyle, second Janik, to adopt Budget Resolution 3-2002 as presented; carried.

Doyle asked about the Town’s request to the County in 2001 to upgrade Hwy H; the Clerk was to send another letter to them, but Carol noted she has not done this to date. Doyle also inquired about the Time Warner Cable Franchise agreement and possible payment due to the Town. The Clerk will call about this ASAP. Chairman Mueller reported that the Town has $750 in the T-Baum Fund to date. In order for Town residents to be eligible for a grant from this fund, a total of $1000 has to be contributed in the name of the Town. Mueller and Doyle will follow through on this issue. The Clerk noted she has received responses regarding the "illegal" duplex issue; the Board agreed this should be an item for discussion at the next meeting. Chmn. Mueller explained there was a setback problem with a shed erected by Chuck Fry; the Plan Commission will be discussing the issue at their next meeting. A copy of the agenda will be sent to Fry.

MOTION Doyle, second Leider, to approve the final claims for the year in the amount of $24,762.65, checks #8888 through 8901; carried.

The main purpose of this meeting was to audit the Town’s financial records for the year 2002, to date. Members reviewed all the receipts, disbursements, bank statements, and canceled checks available to date, and found all to be in order.

Meeting adjourned by consensus at approximately 12:20 p.m. (The Clerk and Treasurer left about 11:45 to attend to tax collection matters)

___________________________ Carol A. Mueller, Town Clerk

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A meeting of the Town Board of the Town of Fredonia was held Wednesday evening, December 18, 2002, in the Waubeka Firehouse meeting room, W4114 River St., with Chmn. Mueller calling the meeting to order at approximately 7:05 p.m. OFFICIALS PRESENT: Chair Richard Mueller, Supervisors Ellie Doyle, Chris Janik, and Lance Leider, Clerk Carol A. Mueller, and Treasurer Tom Sauer. Supervisor Stern was unable to attend. This meeting was held in compliance with the Open Meeting Law in that copies of the agenda were posted in at least three public places in the Town.

This meeting was called so the Town Board and the WFD could discuss the buy back investment and payout options of the LOSA program. WFD members present were: James Behrens, Assistant Fire Chief, Robert Behrens, Tom Bublitz, Bob Lederer, Pres. Ryan Bublitz, and Chief Peter Wagner.

It was noted that the Clerk was to forward a copy of the Resolution to participate in the LOSA program to the State for their records. Mueller said Laub & Horton would have taken care of that, but, as the choice was to go with Paine-Webber, she will mail a copy tomorrow. Behrens said he will forward a copy to Penflex. A name for the Pension Program was needed and members agreed on "Town of Fredonia LOSA Program". An "Adoption Agreement" needed to be filled out and forwarded to Penflex as well. This agreement was filled out with the Board’s input and copies presented to the WFD; they will forward to Penflex. The Resolution and Adoption Agreement are on file, as is the listing of Penflex’ Standard Administration Services and their Fee Schedule. Members questioned the need for some of these fees, such as preparation of the 1099 and 1096 Tax forms when a distribution is made. It was felt that, if provided with the information, the Town Clerk could do the tax reporting and save the minimum $50 fee Penflex would charge. Apparently more questions need to be answered.

A schedule was provided by Penflex which indicated how the proposed 385 years of buy back would be handled. This is also on file and was discussed by those present. The buyback would cover those members who have at least 5 years of volunteer service as of December 31, 2002. There are 30 active members on the WFD and the buyback proposed was for up to 20 years per eligible volunteer. The regular annual contribution to the plan would be $257 for 2002, and the State will match this amount. According to the chart from Penflex, the amount to be invested by the Town in January of 2003 will be $12,645, plus fees. The State will match $7710. Four WFD members are eligible to be paid in the first year; the info from Penflex notes this can be done as the Town is paying the prior service amortization with interest, which allows for enough funds available for these early payouts.

The renewal of the Town Hall/Office lease was discussed briefly. The current lease expires on Nov. 10, 2003. The WFD has agreed to extend the lease for two years for the same fee, which was $3000 per year. However, the previous fees were paid as part of the fire truck loans and paid to the WFD for 10 years in advance. The WFD paid their part of the loans and the town paid theirs. In this case, it was noted that if an additional $3000 of income is received by the WFD, they would need to show that in their budget. All the expenses of maintaining the Building and grounds are included in their annual budget/contract. The former lease will need to be revised as it called for 10 year renewal options and 10 year prepayment of the lease.

With no reports, updates, or correspondence to discuss, MOTION Janik, second Leider to adjourn; motion carried, meeting adjourned at 9:45 p.m.

_________________________ Carol A. Mueller, Town Clerk

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Four (4) Public Hearings were held on Thursday, December 12, 2002, beginning at 7:30 p.m., at the Town Hall, W4114 River Rd. (enter west entrance to the Waubeka Fire Dept. Bldg.) to discuss and hear comments, for or against the following proposals. OFFICIALS PRESENT: Chair Richard Mueller, Supervisors Ellie Doyle, Chris Janik, Cathy Stern, Lance Leider, Clerk Carol A. Mueller, and Treasurer Tom Sauer. This meeting was held in compliance with the Open Meeting Law in that copies of the Public Hearing notices were published as required, and posted in at least three public places in the Town, and e-mailed to The Sounder, The Ozaukee Press, and The Milwaukee Journal-Sentinel. Adjoining lot owners were notified per Town Ordinance.

1. The Chairman read the notice of Public Hearing as it had been posted and published:

Wm. and Nancy Hoffman, N5764 Fairway Dr. request for a land division of their 48.06 ac. parcel, Sections 21 and 28, zoned A-1, NE corner of Fairway and Fredonia-Kohler Rd., to create two equal sized parcels and re-zone them to A-2, with a deed restriction to prevent further divisions. Request is to settle estate with Fred Saltzmann Jr., Nancy’s brother.

The Clerk noted the names of the adjoining lot owners who had been notified. Chairman asked for Public Comments. One resident questioned the difference between A-1 and A-2 zoning and this was explained. The Chairman asked twice again for comments and with there being none, MOTION Mueller, second Leider to close this Public Hearing; carried.

2. The Chairman read the notice of Public Hearing as it had been posted and published:

The Town of Fredonia is requesting a rezone of an area along Hwy Y, beginning at the SW corner of the 1.23 acre parcel owned by Del Weiss, tax key number 04-033-06-004.00, thence east 232 feet, north 1086.74 feet, west 232 feet, south 1086.74 feet to point of beginning. This re-zone from A-1 to R-2 will encompass the lot owned by Weiss, the 1.5 ac. lot owned by Harold Tackes, N5250 Hwy Y, tax key number 04-033-06-005.00, and portions of a larger parcel owned by Dennis Rathke, et al. The purpose of the re-zone is to bring the existing lots into conformity and join the existing R-2 zoning which begins at Jung Rd. Subdivision, carrying it north to the existing R-2 zoning on Hwy A.

The Clerk noted she had received calls from Daniels and Gundrum, and had explained the re-zone to Rathke, several of the lot owners or adjoining lot owners who had been sent notices, and they did not object to this re-zone.

The Chairman asked several times for comments, and there were none. MOTION Mueller, second Janik to close this Public Hearing; carried

.

3. The Chairman read the notice of Public Hearing as it had been posted and published:

Paul Mueller, N7195 Hwy I, is requesting a land division and re-zone, from A-1 to B-2, of 4.5 acs of his 41+ ac. parcel on the east side of Hwy 57, south of the Badger Campground, Section 1.

The Clerk noted the adjoining lot owners who had been notified. The Chairman asked several times for comments and there were none. MOTION Janik, second Doyle to close this Public Hearing; carried.

4. The Chairman read the notice of Public Hearing as it had been posted and published:

A conditional use permit request from Paul Mueller to build storage sheds on the 4.52 ac. parcel which will have frontage on Hwy 57, at the location indicated above.

Chairman Mueller read the terms of the CUP. The Board members and Paul Mueller discussed the "blanks" which needed to be filled in on the CUP, but there were no public comments. MOTION Mueller, second Doyle to close this Public Hearing; carried.

__________________________________

Carol A. Mueller, Town Clerk

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A meeting of the Town Board of the Town of Fredonia was held Thursday evening, December 12, 2002, in the Waubeka Firehouse meeting room, W4114 River St., with Chmn. Mueller calling the meeting to order at approximately 8:15 p.m. following the four (4) Public Hearings which began at 7:30 p.m. OFFICIALS PRESENT: Chair Richard Mueller, Supervisors Ellie Doyle, Chris Janik, Cathy Stern and Lance Leider, Clerk Carol A. Mueller, and Treasurer Tom Sauer. This meeting was held in compliance with the Open Meeting Law in that copies of the agenda were posted in at least three public places in the Town and e-mailed to The Sounder, The Ozaukee Press, and The Milwaukee Journal-Sentinel.

Minutes of the November 14^th and November 20^th Town Board meetings, the November 14^th Public Budget Hearing and Special Town Meeting, as well as the November Treasurer’s report, had been provided to all members prior to this meeting for their review. MOTION Mueller, second Janik to approve all minutes; carried, with Doyle abstaining on the November 14^th meetings as she was not present. MOTION Doyle, second Leider, to accept the Treasurer’s report; carried.

Derler called the Clerk to report that no new home permits have been applied for; total for the year of 8 new homes.

The Hoffman/Saltzmann land division and re-zone was the subject of the first Public Hearing held earlier this evening. Nancy Hoffman presented the CSM which divides their 48.06 ac. parcel in Sections 21 and 28 into two equal sized parcels. A deed restriction had been placed directly on the CSM noting that the parcels, now to be zoned A-2, could not be further divided without consent of the Town Board. Members agreed that the Ordinance should be amended to include the deed restriction wording from the CSM in Section 2, and renumber Section 2 to Section 3. MOTION Leider, second Doyle, to adopt Ordinance 3-2002 as amended; carried. MOTION Stern, second Leider, to accept the CSM as presented; carried. Hoffman was advised that a registered copy of the CSM must be returned to the Town, at which time the Ordinance will be posted; the land division and re-zone will not be official until this is done.

This re-zone requested by the Town was the subject of the second Public Hearing held earlier this evening. The purpose of this rezone, from A-1 to R-2, was to bring two existing lots into conformity and to continue the R-2 zoning north 1086.74 feet along Hwy Y and east 232 feet, to meet the current R-2 zoning on Hwy A, in Section 33. Stern asked how this zoning change would fit into the Long Range Plan. Doyle noted it fits perfectly as it follows existing zoning. Mueller noted this was an apparent mistake by SEWRPC when the zoning maps were drawn. MOTION Doyle, second Leider, to adopt Ordinance 4-2002; carried. This Ordinance will be posted with the others.

This re-zone was the subject of the third Public Hearing held earlier this evening. Mueller is proposing dividing and rezoning 4.5 acres of his larger parcel along Hwy 57 in Section 1; zoning change from A-1 to B-2 to allow for the placement of commercial storage sheds. There will be a shared driveway with the Badger Campsite to the north, and an easement across part of Lot 2 to access Lot 1. Stern questioned how this business use along Hwy 57 fits into the Long Range Plan. Janik noted that per SEWRPC, each request for business in this area should be handled on a case by case basis. Dyle agreed, noting she had researched this issue thoroughly when dealing with the Schaut Bros. Landscaping business and zoning change, and was advised by SEWRPC that even though this was not designated in the Long Range Plan as a business corridor, it was better to look at each case individually rather than change the Long Range Plan. Leider felt the area along Hwy 57 is more suitable for business than residential due to the traffic. Entrances and exits along this State highway are controlled by the State. MOTION Doyle, second Janik, to adopt Ordinance 5-2002; carried. MOTION Janik, second Leider, to accept the CSM as presented; carried. Again it was noted that a registered copy of the CSM must be returned to the Town, at which time the Ordinance will be posted; the land division and re-zone will not be official until this is done.

The Plan Commission had made only a few suggestions for terms of the CUP, choosing to leave the rest of it up to Attorney Edgar. Edgar left several blanks to be filled in by the Board regarding number of storage sheds, length of rows and height of buildings. Doyle noted "neat and orderly" was not the same to everyone and was a rather loose term; it will not be a problem unless someone has a complaint. Following discussion with Paul Mueller, Board members agreed to amend the ordinance to eliminate the number of storage sheds to be allowed, feeling that available space and need would control this; state that rows shall not exceed 400 feet in length; height shall be no more than 35 feet. MOTION Doyle, second Janik, to approve the Conditional Use Permit as amended; carried. This CUP will be effective after the above Ordinance is posted and the CUP is registered.

The following were nominated by Chairman Mueller from a list provided by the Clerk: Betty Streff, Laima Hurth, June Rathke, Ivy Maechtle, JoAnn Knapp, Theresa Michaels, Judy Kultgen, Eileen Domask, and alternates, Louise Janik, Barbara Leider and Janis Stemper. MOTION Stern, second Doyle, to approve all of the nominees as listed; carried. These poll workers will serve from January 1, 2003 to December 31, 2004. Board members discussed the hourly wage being paid to the poll workers ($7.50) and whether it should be increased; the last increase was in January 2002. A majority of members felt it was better to give a small increase rather than waiting and later having to give a large increase. Considering the number of hours to be paid for in a year, a small increase would not have much of an impact on the budget. Stern felt not many people were getting raises these days due to the poor economy. MOTION Janik, second Doyle, to increase the poll workers wages by 50 cents per hour (to $8.00); carried 4-1, with Stern opposed.

Following a brief discussion, MOTION Doyle, second Janik; carried.

Following a brief discussion, MOTION Stern, second Leider; carried.

Art reported problems with the newspapers he picks up at the Recycling Center in that they are often mixed with other things such as magazines, books, etc., and sometimes have staples in them. He also has a problem with the way they are bundled noting they blow off of his truck when he is hauling them. Laubenstein shreds the newspapers for use as bedding and would like these problems noted. Doyle has put a notice in the newsletter and Harry has posted notices at the Recycling Center. It is hoped this will resolve the problems.

Applications had been received from Leah Gillitzer and Jeffrey Brager. After discussion of the results of the background checks, MOTION Doyle, second Leider, to approve the license for Gillitzer; carried. MOTION Doyle, second Leider, to deny the license for Brager; carried 4-1, with Janik opposed (he felt no one should be denied the right to work). The Clerk noted that Brager may appeal the decision; the Board said they would hear him.

Saturday, December 28^th at 10:00 a.m. was set as the date for the audit meeting.

Doyle asked for an update on the Resolution sent to the County regarding upgrading Hwy H, an update on the speed limit issue on Meadowlark Rd., and an update on the T-Baum fund contributions in the name of the Town of Fredonia.

The Clerk noted she is still waiting to hear from the village regarding Meadowlark Rd. The Town of Saukville was receptive to a 35 mph limit, but the Village was not, to date. Hwy H is an issue for the County to act on, and Doyle felt they should be sent another copy of the Town’s Resolution, with a reminder to discuss the issue again. Rich said he would check on the T-Baum fund. Another LOSA meeting will be scheduled this month.

MOTION Leider, second Stern, to approve the claims presented - $5330.54, checks #8863 through #8887, and Waubeka Street Light Account check #278 in the amount of $443.76; carried.

MOTION to adjourn Janik, second Stern, carried. Meeting adjourned about 9:45 p.m.

_________________________ Carol A. Mueller, Town Clerk

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A meeting of the Town Board of the Town of Fredonia was held Tuesday evening, December 10, 2002, in the Waubeka Firehouse meeting room, W4114 River St., with Chmn. Mueller calling the meeting to order at approximately 6:00 p.m. OFFICIALS PRESENT: Chair Richard Mueller, Supervisors Ellie Doyle, Chris Janik, Cathy Stern and Lance Leider, Clerk Carol A. Mueller, and Treasurer Tom Sauer. This meeting was held in compliance with the Open Meeting Law in that copies of the agenda were posted in at least three public places in the Town.

James Behrens, Assistant Fire Chief, introduced Anne Whiting, the area rep. for UBS Paine Webber. Other WFD members present included Robert Behrens, Tom Bublitz, Bob Lederer, Pres. Ryan Bublitz, and Chief Peter Wagner.

Whiting explained the various investment options available for the LOSA funds. Penflex handles the administrative portion of the program, whereas she handles the investments. Fees are higher with Paine-Webber/Penflex than with the other two State approved vendors, but there are more investment options to choose from. Board members had questions regarding how the buy back portion of the investing would be handled, but Whiting did not know the answers as this was not her area of expertise. Whiting and Supervisor Stern left approximately 7:15 p.m.

Board members continued to discuss options with the members of the WFD. With the majority of those present in favor of the options offered by Paine Webber versus Laub & Horton, MOTION Doyle, second Leider to have Paine-Webber handle the LOSA program, because of the flexibility they offer; carried 4-0, with Stern not present.

With many questions still unanswered regarding the buyback portion of the program it was suggested that another meeting be scheduled ASAP with someone from Paine-Webber/Penflex who could answer those questions. James Behrens will try to set something up.

MOTION Janik, second Leider, to adjourn; carried. Meeting adjourned about 7:45 p.m.

_________________________ Carol A. Mueller, Town Clerk

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A meeting of the Town Board of the Town of Fredonia was held Wednesday evening, November 20, 2002, in the Waubeka Firehouse meeting room, W4114 River St., with Chmn. Mueller calling the meeting to order at approximately 7:35 p.m. OFFICIALS PRESENT: Chair Richard Mueller, Supervisors Ellie Doyle, Cathy Stern and Lance Leider, Clerk Carol A. Mueller, and Treasurer Tom Sauer. Supr. Janik was not present. This meeting was held in compliance with the Open Meeting Law in that copies of the agenda were posted in at least three public places in the Town.

The Clerk noted that she had calculated the tax rates for ‘02, (taxes to be collected in ‘03) and they are approximately as follows: for property in the Random Lake School District the total tax rate is $13.65 per thousand and for property in the Northern Ozaukee School District the total tax rate is $16.12 per thousand. Lottery credit amounts were not known as of this date. The Town tax rate is $2.03. Without the additional amount of $12,340 which was added for the LOSA program, the Town rate would have been $1.95. Therefore, the cost of adding $12,340 to the Town’s budget for the LOSA Program is approximately $12.00 for a taxpayer with an assessed value of $150,000. This amount would, of course, be higher or lower depending on the assessed value. The added cost to a taxpayer could also be calculated by using .08 per thousand of their assessed value.

The Clerk also noted that she, along with Tom Bublitz and Dennis Rathke, had met with Michelle Strauss of Laub & Horton in August and received information on the LOSA program. She, along with several members of the WFD and Eric Johnson of the Grafton Fire Dept. had also met on Oct. 20th, to gather more info. No decisions have been made as the Board and the WFD wanted more discussion on the options and buyback procedures.

James Behrens, Assistant Fire Chief, introduced Michelle Strauss of Laub & Horton. Other WFD members present included Robert Behrens, Tom Bublitz, Bob Lederer, Ryan Bublitz, and Chief Peter Wagner.

Strauss presented everyone with a handout explaining the LOSA program and answered many questions presented to her by the members of the WFD and the Town Board. She noted that last year 50 of the 85 communities which began a LOSA program chose Laub & Horton as their vendor. The investment vehicles they offer are fixed or variable rate annuities. The interest rate last year on the fixed annuity was 6% and there is a guaranteed rate of no less than 3 ½ %. There are penalties if funds are cashed out within the first 8 years. After answering more questions, Strauss left at about 8:50 p.m.

A phone conference had been set up with a representative of Paine-Webber to explain their investment options, which include mutual funds, CD’s, etc.; options can be aggressive or conservative, by choice. Last week, the Village of Fredonia chose Paine Webber as their vendor. Despite the efforts of James Behrens, Ryan Bublitz, and others, the phone connection for this conference call was very sporadic and ultimately had to be canceled.

WFD members and Board members discussed the buyback program. How and when the funds would be paid out to members who have already attained the age of 60, was the main topic of discussion. Strauss had explained that if the total buyback funds were to be invested over a period of 10 years (as was planned for in the budget), there would only be enough"buyback" money annually to fully vest one or two of these members. WFD members felt that Paine-Webber handled this differently and that all members over 60, who were eligible for 20 years of buyback funds, would receive their money within the first year, even though the total "buyback" funds would be paid over a period of 10 years. Board members questioned how this could be, as funds would need to be taken from someone else’s account to allow for a full payout immediately. With so many unanswered questions, it was agreed to hold another meeting as soon as a rep. from Paine-Webber could make it in person. If possible this Board meeting will be scheduled for Tuesday or Wednesday, December 3^rd or 4^th.

MOTION to adjourn, Stern, second Leider; carried. Meeting adjourned about 9:50 p.m.

_________________________ Carol A. Mueller, Town Clerk

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A meeting of the Town Board of the Town of Fredonia was held Thursday evening, November 14, 2002, in the Waubeka Firehouse meeting room, W4114 River St., with Chmn. Mueller calling the meeting to order at approximately 9:15 p.m. following the Public Hearing on the ’03 Budget and the Special Town Meeting of the Electors. OFFICIALS PRESENT: Chair Richard Mueller, Supervisors Chris Janik, Cathy Stern and Lance Leider, Clerk Carol A. Mueller, and Treasurer Tom Sauer. Supr. Doyle was not present. This meeting was held in compliance with the Open Meeting Law in that copies of the agenda were posted in at least three public places in the Town and e-mailed to The Sounder, The Ozaukee Press, and The Milwaukee Journal-Sentinel.

Minutes of the October 10th Town Board meeting, as well as the October Treasurer’s report, had been provided to all members prior to this meeting for their review. MOTION Janik, second Leider, to approve minutes; carried. MOTION Janik, second Mueller, to accept the Treasurer’s report; carried.

John Derler stated he felt the Clerk should be appointed and the Board should look into this; he also noted he did not like Waste Management using the WFD building/Town Hall picture in their advertising brochures which are being mailed out to residents again. Chris Luft stated that the Village is so anxious to annex land and the current Clerk may end up living in the Village. Hank Nask inquired about the WFD extending the Town’s lease and at what cost. This will be discussed at a meeting in the future.

John Derler was present and reported that as of the end of Oct. there were 8 new home permits taken out, compared to 11 last year, and 7 in the year 2000. This is less than the Long Range Plan projection of 13 new homes per year.

Numbers 7 & 8 for this year were for Patrick Depies on Kay-K Road and Richard Susen on Mueller-Hiller Road.

Howard and Ruth Pantle, N5941 Pioneer Dr., Section 20, requested a land division of their 16+ ac parcel which is zoned A-1. The CSM shows two lots, one with their home and 5 acres, and the other with 11.26 acres. Joel Schneider is purchasing the larger parcel and will add it to his existing adjoining parcel. Driveway agreements and revised easements were presented. The Plan Commission recommended approval pending these documents. MOTION Janik, second Leider, to approve the CSM and driveway agreements as presented, with the provision that Schneider joins the 11.26 acre parcel to his existing parcel and registers the driveway agreements; carried.

D. C. Hames sent a postcard indicating he will plow for the same price as last year. MOTION Mueller, second Stern, to accept the contract; carried.

The Clerk noted that this ordinance was to be a part of the new ordinances, but seeing they are not completed yet, the attorney suggested we adopt this one now; it will save the Town the $165 fee for this year for the bond, which only covers the amount due to the County and State; the Clerk and Treasurer are already bonded and there is insurance coverage as well. MOTION Mueller, second Stern, to adopt Ordinance 2-2002; carried.

Chairman Mueller read the Resolution which is required to participate in the Wisconsin Length of Service Award Program (LOSA). MOTION Leider, second Janik to adopt the Resolution as read; carried 3-1, with Stern against because of the buy back decision, and Doyle not present. Members of the WFD requested a meeting, to discuss investment options with both vendors, before the Board makes a decision. A Board meeting was set for November 20^th at 7:30 p.m., as time is of the essence to get this program set up by the end of the year.

This resolution transfers money from one fund to another, as needed, to keep the budget in balance with the amounts being paid out. Members all received a copy prior to the meeting. MOTION Leider, second Janik, to adopt Budget Resolution 2-2002 as presented; carried.

As approved at the special Town Meeting which preceded this Board meeting, the proposed budget was revised to increase the levy to $302,340. The additional $2,340 is to be added to the LOSA fund to cover the additional amount needed for the buy back. With no other changes to the proposed 2003 budget, MOTION Mueller, second Janik, to adopt the 2003 budget as amended; carried. The budget as adopted shows expected revenues of $542,437 and expected disbursements of $503,928, with a reserve for contingencies of $25,000 The projected balance at the end of 2003 is unreserved funds $28,607, and reserved funds $38,000.

Chairman Mueller has received invitations to meet with the new interim superintendent for the Northern Ozaukee School District. Stern, who works at the school, noted that the interim superintendent is very pro-active and wants to meet with people in the area to discuss concerns or needs in the district. An invitation was received to attend a Habitat for Humanity program in Port Washington on Nov. 30^th. The Clerk noted that the DNR is holding a public information meeting, regarding the removal of the Waubeka Dam, on November 20th from 5:00 p.m. to 7:00 p.m., in Room 211 of the Ozaukee County Justice Center Building; UW Extension is holding a "Be Smart" DNR Recycling Efficiency Grant Workshop in Milwaukee on Dec. 10^th from 10 a.m. to 1 p.m., cost is $15 and includes lunch. Local Land Use Planning and Zoning teleconferences are also being offered by the UW Ext. WisLine program; members can contact the Clerk for more info if interested in attending any of these events. Stern noted she attended the Village’s Vision 20/20 Committee meeting on Nov. 7^th and told them that the surrounding Towns need to get involved; she felt Pres. Rathsack was being honest when he said he has invited all the adjoining Towns to meet, and he does want to work with everyone. Stern said she would represent the Town at these Village meetings; Chmn. Mueller indicated he would attend as well; Janik said he would get involved when they form the "extraterritorial" committee.

MOTION Leider, second Janik, to approve the claims presented - $29,327.45, checks #8838 through #8862, and Waubeka Street Light Account check #277 in the amount of $438.79; carried.

MOTION to adjourn Stern, second Janik, carried. Meeting adjourned about 10:30 p.m.

_________________________ Carol A. Mueller, Town Clerk

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A Special Town Meeting of the Electors was held on Thursday evening, November 14, 2002, in the Waubeka Firehouse meeting room, W4114 River Street, with Chairman Richard Mueller calling the meeting to order immediately following the Public Budget Hearing which began at 7:30 p.m. TOWN OFFICIALS PRESENT: Chairman Mueller, Supervisors Chris Janik, Cathy Stern and Lance Leider, Clerk Carol A. Mueller, and Treasurer Tom Sauer. Supervisor Doyle was unable to attend. In addition to Town Officials, approximately 30 town residents were present for all or part of this meeting. This hearing was held in compliance with the Open Meeting Law in that notice was posted in at least three public places in the Town and e-mailed to The Sounder, The Ozaukee Press, and The Milwaukee Journal-Sentinel. The meeting notice was also published in The Ozaukee Press.

Chairman Mueller read the following Resolution: BE IT RESOLVED that the electors of the Town of Fredonia hereby set the annual salary of the Town Officers, for the term beginning in April ‘03, at Chairman ($5000), Supervisors ($2500) and Treasurer ($4200), all no change; Clerk at $15,000 (increased from $11,500).

Discussion: Hank Nask felt the Supervisors salaries should be in increased by $500. Hank Nask and Chuck Fry felt it was OK to increase the Clerk’s salary, but office hours should be established for a few hours, a few days a week. Chairman Mueller, Tom Curtis and Jack Janik noted they had no problem contacting the Clerk at home for Town business. A meeting can be arranged at the office, if necessary, when it is convenient, which is better than only certain hours. The Clerk noted she is available all hours now and that could change if there were set office hours only. Fry and Nask felt other Towns have office hours, but Chairman Mueller explained that some other Towns also have paid assistants who share those hours, and that from his experience in trying to contact someone, the hours are very limited. Chris Luft felt if the Town was trying to save money they should combine the Clerk and Treasurer’s positions. She felt the Clerk was writing checks and doing payroll which were the Treasurer’s duties (they are not). The Clerk explained that there is a misconception regarding the Clerk and Treasurer’s duties, but these duties are detailed in the State Statutes. Mueller polled the Supervisors, who all agreed they were satisfied with their salary as is. Mueller asked for the Clerk’s opinion on the issue. The Clerk noted that in comparison to her 30-40 hour work weeks, the Supervisors likely do not put in that many hours in a month, so putting things in perspective, she agreed with leaving the Supervisors salary as is. A MOTION was made by Bob Lederer, seconded by Tom Curtis, to adopt the above Resolution as read; motion carried on a voice vote, with Chris Luft voting against.

Chairman Mueller read the following Resolution: BE IT RESOLVED that the electors of the Town of Fredonia hereby authorize the Town Board to donate $600 to the Fredonia Little League, in the year 2003, for the recreational benefit of the children of the Town who participate in this program; pursuant to St. St. 60.10(3)(b) & 60.23(3(a).

Discussion: Chairman Mueller read a thank you letter from Lucy Janke of the Fredonia Little League for the Town’s ‘02 contribution; she respectfully asked the Town to again contribute for ‘03. MOTION John Feltes, second Jack Janik, to adopt the Resolution as read; carried on a voice vote with all in favor.

Chairman Mueller read the following Resolution: BE IT RESOLVED that the electors of the Town of Fredonia hereby authorize the Town Board to donate $7500 to The National Flag Day Foundation, in the year 2003, to help fund their civic activities; pursuant to St. St. 60.10(3)(b) & 60.23(3(a).

Discussion: Jack Janik spoke briefly about the Foundation’s various activities and the many groups they allow to use their facility at no charge; three museums are open to the public; they are now on the internet at Nationalflagday.com; the Chief Waubeka Trail is nearing completion and highlights 30 historical sites in the area; an addition to the building is being paid for mainly with donations; books and other items have been placed in the school libraries. Tom Curtis asked if they could change the day of the annual celebration to Saturday instead of Sunday; he said it would make his Monday a lot better! Theresa Kempfer noted there is a conflict with "doings" in Appleton on the Sunday following the Flag Day celebration. MOTION Tom Curtis, second Hank Nask, to adopt the Resolution as read; carried on a voice vote, with all in favor.

Chairman Mueller read the following Resolution: BE IT RESOLVED that the electors of the Town of Fredonia hereby authorize the Town Board to donate $500 in the year 2003, to The Ozaukee County Economic Development Corp. pursuant to 60.23(3) Wis. Stats.

Discussion: Yvonne Bishop, Administrator of the Corp., was present to explain the functions of the Corp. whose purpose is "promoting business and municipal cooperation and interaction within Ozaukee County....". She provided brochures to Board members, and asked that the Town reinstate their former contribution of $500, which was eliminated from last years’ budget for the first time in many years. MOTION Hank Nask, second Carol Mueller, to adopt the Resolution as read; carried on a voice vote, with all in favor.

A discussion was held regarding the Length of Service Award Program for the volunteer fire fighters and EMT’s. The Waubeka Fire Department had invited a Grafton Fire Department member, Eric Johnson, to help explain the program and the impact the "buy back" portion would have on the budget. He had prepared a chart showing what the cost of the program would be to the Town with the buy back spread over 10, 15 or 20 years, as well as the amounts needed without the buy back portion. He graphed the years of service of the current active members which indicated that 40% had 20+ years of service, 23% had 10-19 years, and 37% had 0-9 years. The Town would be "buying back" 389 years of service at $100 per member per year. He noted that if the buy back was not done it could eventually create animosity among members, as the older members may feel cheated. If the buy back (of years of service at $100 per year) was done, the additional amount needed for this ($38,900) could be contributed over a period of 10-20 years. Johnson had worked with the State on some aspects of this program and felt it was unfortunate that the State did not allow credit for prior years of service to count for vesting purposes without additional contributions having to be made, but they did not do it that way. A member needs to have 20 years of service to be fully vested and then would receive their "pension" at age 60. Members who are 60 already, and have 20+ years of service, would likely get their "pension" next year if the Town goes along with the full buy back for those who are eligible. Carol Mueller suggested that to bring the amount of funding needed closer to the budgeted amount of $10,000, and with the intent being retention, maybe only 17-18 years should be bought back to encourage the older members to stay for another 2 or 3 years to get fully vested. Johnson noted this would not save very much money. Tom Curtis spoke against the buy back portion of the program, as did Hank Nask and Chuck Fry. Fry felt the program was intended for recruitment and therefore those who had volunteered for many years, before this program was instituted, should not be looking for payback. Chris Luft thought the volunteers deserved this "award" as they perform a valuable service to the Town. Fry attempted to make a motion, but the Clerk reminded him this item was not a power of the people at a Town meeting, but rather would be a Board decision; it was on the agenda for this meeting to allow residents to voice their opinions on the subject. This led to a brief discussion on what can and cannot be voted on by the people at a Special Town Meeting of the Electors, and what the difference was between this program versus the donations voted on previously. A poll was taken which resulted in 31 people (a majority) in favor of the program, with the buy back.

Chairman Mueller next read the following Resolution: BE IT RESOLVED that the Town tax levy for the Town of Fredonia for the year 2002, to be collected in the year 2003, shall be set at $300,000 pursuant to St. St. 60.10(1)(a).

Discussion: Mueller explained that $300,000 was the amount required according to the proposed budget. Chuck Fry suggested the levy be increased to include the extra cost ($2340) added to the LOSA fund. The Clerk felt we could take the extra $2340 from the contingency or unreserved funds without a problem. Following a brief discussion, MOTION Chuck Fry, second Hank Nask, to increase the amount to be levied to $302,340; motion carried on a voice vote, with Carol Mueller voting against. The Resolution stated above will now read: BE IT RESOLVED that the Town tax levy for the Town of Fredonia for the year 2002, to be collected in the year 2003, shall be set at $302,340.

With no further business to be discussed, MOTION Tom Sauer, second Bob Lederer, to adjourn the Special Town Meeting of the Electors; carried. Meeting adjourned at 9:10 p.m. The regular Board meeting followed.

___________________________

Carol A. Mueller, Town Clerk

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A Public Hearing on the proposed 2003 budget was held on Thursday evening, November 14, 2002, in the Waubeka Firehouse meeting room, W4114 River Street, with Chairman Richard Mueller calling the hearing to order at 7:30 p.m. TOWN OFFICIALS PRESENT: Chairman Mueller, Supervisors Chris Janik, Lance Leider and Cathy Stern, Clerk Carol A. Mueller, and Treasurer Tom Sauer. Supervisor Doyle was unable to attend. This hearing was held in compliance with the Open Meeting Law in that notice was posted in at least three public places in the Town and e-mailed to The Sounder, The Ozaukee Press, and The Milwaukee Journal-Sentinel. The Public Hearing notice was also published in The Ozaukee Press.

In addition to Town Officials, there were approximately 30 town residents present for all or part of the hearing.

Chairman Mueller gave a brief explanation of the sources of revenues and disbursements in the proposed budget. Several questions were answered regarding certain items in the budget. Hank Nask questioned why there was a $6000 proposed increase in salaries. Mueller explained it was to cover the proposed increase in the Clerk’s salary for the term beginning in April ‘03, and the full increase for Supervisors which was approved in ‘00, but did not take full effect until April of ‘02 for the two supervisors who were elected in ‘00. Thus, ‘03 will now have all supervisors at $2500 and $25 per diem for the full year. Chris Luft asked what was proposed for road construction and Mueller explained it was mostly for the new road in Waubedonia River Acres which the County bills the Town for and we are then reimbursed by Baumanns’. Hickory Grove Road may also be worked on which could fall under construction rather than maintenance.

Mueller asked for public comments or questions, and there were no more at this time.

The Public Hearing was closed and the Special Town Meeting of the Electors was convened.

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A meeting of the Town Board of the Town of Fredonia was held Thursday evening, October 10, 2002, in the Waubeka Firehouse meeting room, W4114 River St., with Chmn. Mueller calling the meeting to order at 7:30 p.m. OFFICIALS PRESENT: Chair Richard Mueller, Supervisors Chris Janik, Ellie Doyle, Cathy Stern and Lance Leider, Clerk Carol A. Mueller, and Treasurer Tom Sauer. This meeting was held in compliance with the Open Meeting Law in that copies of the agenda were posted in at least three public places in the Town and e-mailed to The Sounder, The Ozaukee Press, and The Milwaukee Journal-Sentinel.

Minutes of the September 12th Town Board meeting, as well as the September Treasurer’s report, had been provided to all members prior to this meeting for their review. MOTION Janik, second Doyle, to approve minutes; carried. MOTION Leider, second Doyle, to accept the Treasurer’s report; carried.

Hank Nask and Chuck Fry had questions regarding what was happening with the Length of Service Award Program for the fire department volunteers, where things stood on the office lease with the fire department, and how the fire departments’s budget will be affected by the closing of the "fish fry" fund raiser. The LOSA program is an agenda item to be discussed later. They felt that with possible cuts in State funding no "buy back" should be done regarding the LOSA, and would like a report from the committee as to what was going to be proposed.

John Derler was present; no new home permits have been issued, leaving the total to date for ‘02 at 6 new homes. Two permits have been applied for but may not be ready until next year. Derler had questions regarding Zoning Ordinance 9.00 regarding adding on to a home that is non-conforming... setback requirements, the dollar amount that could be spent on an addition to such a structure, etc. This will be placed on the PC’s agenda for further discussion.

Neither Baumann nor Del Weiss were present for discussion. A letter had been forwarded to the Town from the DNR outlining certain requirements that need to be met. This apparently will delay the project until required permits are obtained. The Plan Commission had given the OK for Baumann’s to proceed with the road, but this also will be delayed as the DNR noted that no portion of this project may begin without a Chapter 30 permit.

Michels Materials asked for permission to move their temporary concrete plant, which had been located on the Paul Mueller property on Hwy 57, to the Steve Paulus property on Hwy 57, if they receive the two State DOT contracts they are bidding on. The PC recommended approval, without a conditional use permit, providing they were successful in obtaining the State contracts, and copies were forwarded to the Town. A representative of Michels Materials reiterated that if there were no DOT contracts, there would be no plant set up. MOTION Doyle, second Janik, to accept the PC’s recommendation; carried.

Pantle’s were not present; apparently the driveway agreements were not completed in time.

Capt. Mike Kroeger presented the department’s 2003 budget and answered questions about it. Several residents requested copies of the department’s budget for their review; these were provided. It was noted that the final payment on the fire truck loan will be paid in March of ‘03. The ‘03 budgeted amount for the Town of Fredonia’s contract, at $95,449.93, represents a 2.99% decrease from the ’02 budget. Stern questioned the $5500 in the budget for banquet and refreshments. It was explained that the banquet is a sort of "reward" for members and their wives (Town Officers and some retired WFD members are also invited), and the funds are also needed to provide food and refreshments for members attending practices, hosting other departments at meetings, training programs, and when returning to the station after fighting a fire or answering other calls. This item has been a part of the budget for many years, and increased by $500 several years ago because Baumann’s, who gave them a break on prices for refreshments and food, went out of business, and these items had to be obtained elsewhere at a higher cost. MOTION Leider, second Doyle, to approve the WFD’s budget as presented and include this amount in the Town’s ‘03 budget; motion carried 4-1, with Stern opposed.

Fire Inspector Bob Lederer was to present information on the LOSA program, but final figures were not ready. Several aspects of the program were explained by the Clerk and former Chief Behrens. A copy of papers explaining the program was given to Chuck Fry as he had many questions. It was noted that the information is also available on the internet. A resolution to participate in the program will be presented for the Board’s approval at next month’s meeting. The Clerk will again meet with several members of the department to try to work out details. The Board has included $10,000 in the ‘03 budget for this purpose and would like to stay within that budget. The fire department will draw up rules regarding eligibility for the program, keeping in mind that the purpose of the "pension" program is to further recruitment and retention. The Board will make the final decisions regarding participation and funding.

Based on a suggestion by Attorney Edgar, and due to the fact that the Town has never had an audit done by an accounting firm, the Clerk obtained an estimated cost for this service (in the past, Board members have chosen to conduct the annual audit on their own). A "ballpark" figure obtained from Webber-Corson in Sheboygan was $4000. Members agreed that this amount should be included in the budget for an audit to be done at some point in ‘03. The Clerk noted that Webber-Corson said if she continued to do the Form C report to the State, and the annual report, it would save $500 or more off of this estimate. Members felt an audit would not need to be done annually unless the Town went to an appointed Clerk and/or Treasurer position, in which case an audit is mandated.

Contracts had not been received for grass cutting or snow plowing to date. Killian Bode, who has the contract for grass cutting did advise the Clerk that his bookkeeper would be letting him know if an increase in his fees would be necessary (which would only be if his insurance increased or gas prices rise again). He said it would not be more than $6-10 per mowing if a raise was needed. The insurance quote from Laub & Horton, our present carrier, indicated an increase of $168 in the workman’s comp premium and $441 in the Property and Liability coverages premium. MOTION Doyle, second Janik, to renew the policies with Laub & Horton for ‘02-03 at the quoted price ($4437 total); carried.

Town Officers reviewed the preliminary budget line by line. With several additions for the audit, the increase in insurance premiums, a suggestion that the Clerk’s salary be increased to $15,000 from the current $11,500 (due to an increase in work because of mandated duties), and a small decrease in funding for road maintenance, a Town levy of $300,000 will be proposed. The proposed budget, as revised tonight, will be prepared for posting and publication. Copies of the proposed ‘03 budget will be available after publication.

Items the Board wants to discuss at the Town Meeting will be included on the agenda. These include an increase in the Clerk’s salary for the years ‘03 and ‘04, Fire Department issues/lease, donations, and the required approval of the levy. As Towns are now allowed to spend up to $5000 per mile without Town Meeting approval, this item will not need to be included on the agenda this year.

Leider and Stern attended the Urban Town’s Association meeting. Stern said Town residents need to contact their legislators to ask for their help in preserving Towns’ rights. Several upcoming meetings and information sessions were noted. Information was available regarding CWD (Chronic Wasting Disease). The DNR is planning am informational meeting (presumably in Waubeka) regarding the final demolition of the Waubeka Dam, but no one had information as to exactly when or where this meeting was going to be held.

MOTION Janik, second Doyle, to approve the claims presented - $91,684.11, checks #8816 through #8837, and Waubeka Street Light Account check #276 in the amount of $437.96; carried.

MOTION to adjourn Leider, second Janik, carried. Meeting adjourned about 10:40 p.m.

_________________________ Carol A. Mueller, Town Clerk

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A meeting of the Town Board of the Town of Fredonia was held Thursday evening, September 12, 2002, in the Waubeka Firehouse meeting room, W4114 River St., with Chmn. Mueller calling the meeting to order at 7:30 p.m. OFFICIALS PRESENT: Chair Richard Mueller, Supervisors Chris Janik, Ellie Doyle and Lance Leider, Clerk Carol A. Mueller, and Treasurer Tom Sauer. Supervisor Stern was unable to attend. This meeting was held in compliance with the Open Meeting Law in that copies of the agenda were posted in at least three public places in the Town and e-mailed to The Sounder, The Ozaukee Press, and The Milwaukee Journal-Sentinel.

Minutes of the August 8th Town Board meeting, as well as the August Treasurer’s report, had been provided to all members prior to this meeting for their review. MOTION Janik, second Leider, to approve minutes; carried 3-0, with Doyle abstaining as she was not present at that meeting. MOTION Doyle, second Janik, to accept the Treasurer’s report; carried.

Numerous public comments were heard regarding the Village of Fredonia’s proposed land use plan. This item is an agenda item which will be discussed later. Questions were also asked about the Fire Dept. issues which are agenda items to be discussed by the Board later in this meeting. Residents’ concerns were for keeping Waubeka separate from the Village and having Board members work with the Village to do what will be best for the Town. A misunderstanding regarding what extraterritorial rights can or cannot do was the basis for most comments.

John Derler was present; no new home permits have been issued, leaving the total to date at 6 new homes. Derler had questions regarding "grandfathered" lots which don’t meet the area requirements and don’t leave enough room for building if the setback requirements are adhered to. This is to be discussed at the next Plan Commission meeting.

Karl Barthel, who lives at 1749 Meadowlark Rd., in the Town of Saukville, stated his reasons for requesting a 35 mph limit on Meadowlark Rd. from Hwy 57 to Blueberry Rd. As this area of roadway is currently unmarked regarding speed limits, he was told the limit was 55 mph. There are 23 homes, a farm and two businesses on this road. A draft ordinance will be drawn up for review; Barthel will contact the Village of Fredonia and the Town of Saukville to see if they are willing to enact the same speed limit. The Town will also work with the other municipalities on the issue.

Attorney Edgar was present to assist the Board in answering residents’ questions regarding extraterritorial zoning, as referred to in Chapter 62.23(7)(a) of the State Statutes. He noted that extraterritorial zoning does not change any of the Town’s zoning, but it does require that municipalities adjoining the Village get together to discuss plans for the area within a 1½ mile radius of the Village. A committee consisting of three persons from each municipality would need to be formed. Members are appointed by the Chairman and approved by the Board; they usually are Board or Plan Commission members, but may include knowledgeable residents. A boundary agreement can benefit all parties. He noted that if the committee can not reach agreement within two years, and an extension of time to negotiate is not agreed to, that is the end of it; new talks could not start for another two years. Extraterritorial zoning involves such things as being sure plans are compatible in terms of uses, roads, etc. Janik noted that the Town has a long range plan and the Village is required to have one as well. The Village has no plans to grab Waubeka; the area is shown on their plan because it is within the 1½ mile radius. There is a distinct difference between annexation and extraterritorial zoning. The village has indicated they will not pursue annexation, but will consider it if approached by landowners who wish to be annexed. Regarding shared services, many items may be considered, but nothing can be forced. A Public Hearing is held before any agreement is adopted. After answering questions the Attorney again noted that extraterritorial zoning does not change our zoning. He suggested getting the Village and Town Plan Commission members together to discuss current zoning and to compare plans. The Village will be holding a Public Hearing on their Vision 20/20 Committee’s Land Use Plan Draft on Thursday, September 19^th. Residents asked Board members to attend and speak up for the Town’s rights and wants.

In an effort to have owners of duplexes or multifamily dwellings comply with Ordinance 5.05 as revised, a letter was drafted by Janik to be sent to all such owners. With a few minor changes to the draft letter, MOTION Doyle, second Leider, to send a copy of the letter and the revised ordinance to all of the owners of multifamily dwellings, as indicated on the list provided by the assessor; carried.

Department President Ryan Bublitz, presented their 2003 budget for the Board’s consideration. The LOSA (Length of Service Award) program was discussed briefly. The Clerk had met with former Chief Tom Bublitz, and a representative from Laub Insurance, who would administer the program. There are still many details to be worked out regarding who is eligible, how much the Town will contribute, whether there should be a "buy back" for some members, and if so for how many years and for which members, etc. Regarding the extension of the Town’s lease which expires in November of 2003, details also need to be worked out. There are questions as to the length of the extension and if there would be a lease payment required. The Waubeka Fire Department and the Board will discuss these issues again next month in conjunction with the Town’s preliminary budget.

At this time, MOTION Doyle, second Leider, to move ahead to item 10 on the agenda; carried.

Bartender’s license applications were received from Jodi Siefken and Cally Schneider. Both had completed the Responsible Beverage Server’s Training course and their background checks indicated "no record". MOTION Doyle, second Janik, to issue the licenses applied for; carried.

A proposed contract had been received from Grota Appraisals to do the necessary assessment work for the Town at a cost of $7500 for ‘03 and $7800 for ‘04. Following a brief discussion, MOTION Doyle, second Janik, to accept the two year contract with Grota Appraisals; carried.

This was item 9 on the agenda. Al and Darlene Kleckner, N6565 Hwy 57, questioned Hickory Grove Landscape’s use of an access drive off of Hwy 57. A Conditional Use Permit issued to Hickory Grove Landscape states that the access to their business is to be from Hickory Grove Rd. Jeff Schaut, one of the owners of the business, noted that they are using the Hwy 57 access, which the State put in, and which was there when the parcel was used for farming, to bring in materials; the business is not open to customers at this time. Mueller noted that Hwy 57 access is controlled by the State and not the Town. Kleckner’s are concerned about the possibility of accidents involving trucks entering and exiting; they have contacted the State and the County and the use of the former farm access road will likely be denied when it is known that the parcel is now zoned for business.

The Clerk wanted to know if members had any suggestions for items to be included in the preliminary budget which will be discussed next month. Laub Insurance had sent a letter asking if the Town wanted to make any changes to last years’ policies. Members felt no changes were necessary, but a quote should be obtained. Regarding the LOSA program, it was agreed to include $10,000 in the preliminary budget. No other issues were discussed at this time.

Mueller noted that there was an additional charge from Crack Filling Services for work which was needed on Herbie Lane. After inspection, Struck and Irwin recommended that some preparatory work be done on unsealed cracks prior to the slurry seal project. This would result in a longer lasting surface. Members agreed to the additional work at a cost of $748.80. The slurry seal is scheduled for the week of September 23^rd. Mueller noted that Scott Construction has begun the work on Oriole Lane.

The Clerk and Treasurer will be attending the WTA convention for three days in October, and the Financial Workshop in Fond du Lac on September 19th. Leider will attend the WTA convention on Monday afternoon and Tuesday morning. Three Plan Commission members, Mueller, Stemper and Lederer, are going to a Land Use seminar tomorrow in Kohler. The next LOGIN meeting is September 19^th in Cedarburg. Two or three members of the Ordinance Committee will meet with Attorney Edgar, to review the draft ordinances received to date, before the end of the month. Zoning ordinance drafts will be the next project.

MOTION Doyle, second Janik, to approve the claims presented - $69,045.87, checks #8786 through #8815, and Waubeka Street Light Account check #275 in the amount of $437.96; carried.

MOTION to adjourn Janik, second Leider, carried. Meeting adjourned about 10:20 p.m.

_________________________ Carol A. Mueller, Town Clerk

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A meeting of the Town Board of the Town of Fredonia was held Thursday evening, August 8, 2002, in the Waubeka Firehouse meeting room, W4114 River St., with Chmn. Mueller calling the meeting to order at 7:30 p.m. OFFICIALS PRESENT: Chair Richard Mueller, Supervisors Chris Janik, Cathy Stern and Lance Leider, Clerk Carol A. Mueller, and Treasurer Tom Sauer. Supervisor Doyle was unable to attend. This meeting was held in compliance with the Open Meeting Law in that copies of the agenda were posted in at least three public places in the Town and faxed to The Sounder, The Ozaukee Press, and The Milwaukee Journal-Sentinel.

Minutes of the July 11^th Town Board meeting, the Board of Review minutes of June 6^th and July 15^th, as well as the July Treasurer’s report, had been provided to all members prior to this meeting for their review. MOTION Janik, second Mueller, to approve minutes; carried. MOTION Janik, second Leider, to accept Treasurer’s report; carried.

Chuck Fry, Chris Luft, Tom Curtis, Hank Nask, Theresa Kempfer and Board members commented on the Village of Fredonia’s Draft Land Use Plan. The Village would like to have a Town Board member join their committee for further discussion on joint services, annexations, extraterritorial rights, etc.; Mueller suggested that Stern should be the member to sit on this committee. Comments were also heard regarding the Waubeka Fire Department request for the Town to contribute to the Length of Service Award program, and the Town’s lease with the Fire Dept. Questions were asked about the Fire Dept. Budget and why the Town does not get a profit and loss statement from them every year in addition to their proposed budget request. These items will be on future agendas for further discussion.

John Derler was not present, but had reported to the Clerk that a permit was issued to Sara and Shawn Frank, N5350 Loraine Ct., bringing the number of new home permits for the year to six. (Clerk’s note: permit number 5 was for Robert and Juliette Upson, N5369 Loraine Ct.).

Bartender’s license applications were received from Sonya Kostuch, Ronalee Brown, and Janice Stadler. Stadler is enrolled in the Responsible Beverage Server’s Training Course to be held on Sept. 5^th. All background checks were OK. MOTION Janik, second Stern, to issue regular licenses to Kostuch and Brown; issue a provisional license to Stadler, to be replaced with a regular license when she provides proof of completion of the Course; carried.

Mueller suggested that all multi-family homes should be checked for code compliance, for safety reasons. Many of the existing multi-family dwellings in the town would be grand-fathered in and not required to be inspected under the new ordinance which was passed August 10, 2000. Voluntary compliance, under the proposed "amnesty" provision has not been successful. Janik will draft a letter, informing owners of multi-family dwellings of their obligations, and present it to the Board at the next meeting. It was noted that the Fire Dept. must know when there is more than one dwelling unit in a building.

Treasurer Sauer purchased a small refrigerator for use in the Town office at a cost of $69. It would remain his property unless the Town wanted to purchase it. After a brief discussion, MOTION Mueller, second Janik, to reimburse Sauer for the refrigerator and have it become Town property; carried.

Several educational opportunities are available through the Towns Association and/or the University Extension. Members were encouraged to attend as many as possible. Plan Commission members will be notified of an upcoming Land Use seminar so they could attend as well. A letter was received from the County Highway Commission regarding the Town’s Resolution 2002-2 (Shady Lane issue). The County felt it was premature to make a decision at this time. Other miscellaneous correspondence was noted - Convention, West Nile Virus, Hazardous Waste Program.

MOTION Janik, second Leider, to approve the claims presented - $259,848.70, checks #8763 through #8785, and Waubeka Street Light Account check #274 in the amount of $437.96; carried. A paycheck dated July 11^th, #8758, was lost and was voided; the amount was added to this month’s paycheck #8783 (Eric Michaels).

MOTION to adjourn Leider, second Mueller, carried. Meeting adjourned about 9:20 p.m.

_________________________ Carol A. Mueller, Town Clerk

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A meeting of the Town Board of the Town of Fredonia was held Thursday evening, June 13, 2002, in the Waubeka Firehouse meeting room, W4114 River St., with Chmn. Mueller calling the meeting to order at 7:30 p.m. OFFICIALS PRESENT: Chair Richard Mueller, Supervisors Chris Janik, Cathy Stern and Lance Leider, Clerk Carol A. Mueller, and Treasurer Tom Sauer. Supervisor Doyle was unable to attend. This meeting was held in compliance with the Open Meeting Law in that copies of the agenda were posted in at least three public places in the Town and faxed to The Sounder, The Ozaukee Press, and The Milwaukee Journal-Sentinel.

Minutes of the May 9th Town Board meeting, as well as the May Treasurer’s report, had been provided to all members prior to this meeting for their review. The Clerk noted that $2000 was spent for the estimates regarding a new or remodeled Town Hall; therefore, the balance of funds reserved for building should now be $8000. MOTION Janik, second Leider to approve the minutes; carried. MOTION Janik, second Leider, to accept the Treasurer’s report as amended; carried.

Chris Luft and Supervisor Stern commented on the "garage" addition to the Kleckner manufactured home on Hwy A. The Building Inspector stated that it was perfectly legal...not too high, and second story was only for storage, not living quarters. He noted also that the Town does not have architectural control. Theresa Kempfer had questions regarding the revaluation and the new assessments which have just been sent out to Town residents. The Clerk and the Chairman explained that the entire town had been revalued and brought up to 100% of value; last year we were at 67%. With the total assessment for the Town increasing from about $97 million to $147 million, tax rates will go down. Residents should not assume that their taxes will go up just because the assessment increased. The clerk noted the assessor told her that typically when there is a revaluation, if all tax levies remained the same as the year before, the taxes on 50% of the properties would stay the same, 25% may go up either slightly or drastically, and the other 25% may go down either slightly or drastically. Open Book and Board of Review dates were mentioned and procedures explained briefly.

John Derler reported that at this time last year he had issued six new home permits; this year he has issued three to date. The neighboring Town of Farmington was down nine from last year, to date.

Bids for slurry seal on portions of three Town roads, and a portion of the Recycling Center parking lot, were received from Struck & Irwin Paving, Inc., Fahrner Asphalt Sealers, Inc., and Scott Construction, Inc. Representatives from Fahrner and Scott were present for the opening of the bids. Following a brief discussion, MOTION Leider, second Janik, to accept the lowest bid, which was from Struck & Irwin, in the amount of $11,845.68; carried. Fahrner and Scott were thanked for taking the time to attend and submit a bid.

The Clerk read a list of the applications received as follows: Combination Class B, beer and liquor licenses for Robin Green, Little Kohler Haus, Ozaukee Fish & Game, Charles Ebert, Agent, Donna Paape, Runnaways, Waubeka Fireman’s Hall, Wade Auer, Agent, Harvey Bowe, Harv’s River Inn, Glory Days of Waubeka, Randall Rausch, Agent, and The Five Pillars Supper Club, Mary Eischen, Agent; Class B, beer only, for Random Lake Rod & Gun Club, Linda Lubner, Agent; Class A, beer only, for Schwai’s Meat & Sausage, Thomas Schwai, Agent; cigarette licenses for Little Kohler Haus, Runnaways, Harv’s River Inn, Glory Days, and Fredonia Hardware; approval of the new agent for Waubeka Fireman’s Hall, Wade Auer, and for Schwai’s, Thomas Schwai; renewal bartender’s licenses for Lisa Pusa-Walli, Michael McKinnon, Kurt Kniesel, Michael Eernisse, Richard Riepl, Sr., Rebecca Bowe, Agnes Bowe, Shirley Martin, Randall Rausch, Jodi Rausch, Ronda Burmesch, Pamela Schmitz, Jennifer Eischen, James Eischen, Robert Mueller, Donna Lis, and George Raabe; new bartender’s licenses for Thomas Goethel, David Goethel, Diane Heimerl, Matthew Schwai, Michael Schwai, William Eischen, and Todd Lindemann. Paperwork was pending on some of the above. MOTION Mueller, second Janik, to issue licenses to all the applicants, approve the agents, and to hold those which have paperwork pending until the Clerk has received all the necessary papers; carried.

Per the agreement with the Town, in lieu of razing the home at N5426 Cigrand Dr., a new buyer was to present restoration plans for Board approval by June 25^th. Skoczek was not present but had delivered plans for the restoration of the back part of the home for the Board’s review. However, on June 4^th, a Notice of Ordinance Violation had been issued to her by the County Environmental Health Department, citing her for reconstruction/remodeling without the required County Zoning Permits. The Clerk received a copy of this notice and contacted the department for more information. A letter of explanation was forwarded today; all Board members were provided a copy. The Ozaukee County Board of Adjustment will hold a hearing on the issues on July 2^nd. It appears variances for setbacks would need to be granted, there are limits on the amount that can be spent for remodeling/reconstruction, and a sanitary permit is required. It was noted in the letter that the department advised Skoczek that variances are difficult to justify and any work being done without valid permits is being done at her own risk. Town Building Inspector, John Derler, commented that she had been advised to contact the County before she bought the property or started any work on it. The Board will hold the matter in abeyance until the County holds the hearing.

Mueller noted that research needs to be done regarding First Street in Waubeka to determine if it runs to the river. Residents of the Crystal Springs subdivision have requested "No Outlet" or "Dead End" signs be posted on each of the three roads as many people seem to think the roads run through to somewhere; signs may cut down on some of the traffic on these roads. The Board approved the installation of signs as requested. The new portion of Hickory Grove Road has some wet spots that need attention. Bids will be requested for work on Oriole Lane, this year’s TRIP Fund project. Resolution 2002-2 regarding Shady Lane, which was approved last month but needed a typo corrected, was signed and will be forwarded to the County Highway Committee and the County Board for their consideration.

Due to the volume of phone calls regarding the new assessments, the Clerk did not have time to complete the budget update. It will be presented next month.

DATES FOR OPEN BOOK, BOARD OF REVIEW, AND ORD. COMMITTEE MEETINGS The dates for Open Book were changed to June 27^th and 28^th from noon to 8:30 p.m. Board of Review will be held on July 15^th from 6 to 8 p.m. The Clerk noted that the Board of Review can run longer if necessary. The next Ordinance Committee meeting has been set for Monday, June 24^th at 7:00 p.m.

The petition for direct annexation of the 170 acre Heinen property, north and west of Ozaukee High School, has been received by the State for review. Other miscellaneous correspondence, notice of a Village Board of Appeals hearing on June 19^th , and some advertising, was reviewed briefly.

CLAIMS - MOTION Janik, second Leider, to approve the claims presented - $17,814.53, checks #8717 through #8744, and Waubeka Street Light Account check #272 in the amount of $437.96; carried.

MOTION to adjourn Stern, second Janik; carried. Meeting adjourned 9:30 p.m.

_________________________ Carol A. Mueller, Town Clerk

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Clerk’s note re: item one on the agenda: Two newly elected Town Board Supervisors were to be sworn in prior to this meeting. However, following the April 2^nd election, a recount, requested by Bob Lederer who lost to Cathy Stern by one vote, resulted in a tie. The tie breaker was held today, at noon. Prior to the coin toss, Cathy Stern’s representatives, Chuck Fry and Chris Luft, served a "Notice of Appeal" to Bob Lederer and the Clerk (for the Board of Canvassers) claiming Stern "believes that there were irregularities, defects, mistakes or fraud committed during the recount process, and that the decision of the Board (of Canvassers) is therefore invalid". Per the State Elections Board, the coin toss needed to be held regardless of the Appeal, so a winner could be declared. The coin toss was held and Stern was declared the winner. However, the time for appeal remains open for five business days from today, meaning neither of the apparent winners (the top vote getter was Lance Leider) can be sworn in until the appeal time has passed and the appeal, which has already been filed, is acted on by the Court, or formally dismissed by the Court.

A meeting of the Town Board of the Town of Fredonia was held Thursday evening, April 11, 2002, in the Waubeka Firehouse meeting room, W4114 River St., with Chmn. Mueller calling the meeting to order at 7:30 p.m. OFFICIALS PRESENT: Chair Richard Mueller, Supervisors Ellie Doyle and Chris Janik, Clerk Carol A. Mueller, and Treasurer Tom Sauer. This meeting was held in compliance with the Open Meeting Law in that copies of the agenda were posted in at least three public places in the Town and faxed to The Sounder, The Ozaukee Press, and The Milwaukee Journal-Sentinel.

Minutes of the March 14^th Town Board meeting, as well as the March Treasurer’s report, had been provided to all members prior to this meeting for their review. MOTION Janik, second Doyle to approve the minutes; carried. MOTION Mueller, second Doyle, to accept the Treasurer’s report; carried.

Chuck Fry had questions about the election; the Clerk explained (see Clerk’s note above). Hank Nask suggested that all outgoing Officers or Plan Commission members receive some type of "honorarium" regardless of whether they resigned, lost an election, or were not reappointed. He felt this could be done in conjunction with the upcoming Flag Day celebration. Tom Curtis had questions about the revaluation notices and when the Board of Review would be held. Cathy Stern asked the Board to look closely at dangerous driveways, and speed limit issues, while on the annual road tour.

Ben Cupka who lives in the Town of Saukville, at 4851 St. Finbars Rd., would like to see something done about his neighbor Roy Rau’s farm birds, which roost, mess, and nest on his property. He feels Rau, W4318 River Park Rd., should be obliged to keep these "farm birds" on his own property. He noted there are peacocks, guinea hens, turkeys and chickens on his porch and patio deck and it is a real nuisance. Chmn. Mueller will notify Rau of the complaint and Town ordinances will be researched to see if there is anything regarding violations of this nature.

John Derler was unable to attend; he reported to the Clerk that there were no new home permits issued this month.

Danti was not present at this time. MOTION Doyle, second Janik, to move ahead to number 8 on the agenda; carried.

Chairman Mueller appointed Judy Kultgen to a three year term on the Board of Appeals to replace John Turck (deceased Jan. ‘02), whose term would have expired this month. Steve Rathke was appointed as an alternate to the Board of Appeals to fill the remainder of the term held by Ruth Koop (also deceased) which expires in ‘03. Plan Commission members were appointed as follows: Tom Williams reappointed to a three year term, Jim Stemper appointed to a three year term to replace Ellie Doyle, Bob Lederer appointed to a three year term to replace Mary Stehling, and Chris Janik appointed to a one year term, as the Board member on the PC, to replace John Feltes. All three year terms will end in April of ‘05 and the one year appointment expires in April ‘03.

The Chairman noted he had been approached about closing a portion of Jay Road, from Cedar Valley Road to Random Lake Road, for a few hours (probably 6 a.m. to noon), on Saturday, June 22^nd for the annual "Breakfast on the Farm" which is being held on the Tom Birenbaum farm this year. Reason for closing is for parking, traffic and safety issues. Board members agreed it would be OK to close the road as requested, provided the proper authorities were notified and official barricades were in place.

It was noted that the County would like a Resolution from the Town regarding having the County take responsibility for Shady Lane, and making it a County, rather than a Town, road. The Clerk will try to draft a Resolution before the next meeting. The annual road inspection tour will be held on Tuesday, April 16^th from 8:30 a.m. until finished. If not completed on Tuesday, the next date was set for Saturday, April 20^th, same time. Updated, boundary line road agreements, have been returned by the Towns of Farmington, Belgium, and Sherman. Once the Town of Saukville returns theirs’, Doyle will forward them to the State as requested.

Danti Skoczek, 412 Salisbury Rd., Newburg, arrived at this time. She presented tentative plans for the restoration of the Hetzel home, which she is purchasing, at N5426 Cigrand Dr. She noted closing on the purchase was going to be April 22^nd. By agreement, she will need to present a restoration plan that is acceptable to the Board, on or before June 15, 2002.

The Clerk wanted members’ opinions regarding the fees for a Conditional Use Permit and a re-zone. All members agreed two fees would be charged, one for each application; our attorney should draft the permit and the applicant pays the cost for the legal fees in addition to the application fees.

Various correspondence was reviewed and several upcoming meetings were noted. The Franchise Agreement with Time Warner Cable should be reviewed in light of the elimination of franchise fees on Roadrunner services, and also, to review whether the Town is due an extra payment now that the fiber optic upgrade has been completed in this area.

CLAIMS - MOTION Doyle, second Janik, to approve the claims presented - $106,397.19, checks #8663 through #8694, and Waubeka Street Light Account check #270 in the amount of $437.96; carried.

MOTION to adjourn Janik, second Doyle; carried. Meeting adjourned about 10:00 p.m.

_________________________ Carol A. Mueller, Town Clerk

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A meeting of the Town Board of the Town of Fredonia was held Thursday evening, March 14, 2002, in the Waubeka Firehouse meeting room, W4114 River St., with Chmn. Mueller calling the meeting to order at 7:30 p.m. OFFICIALS PRESENT: Chair Richard Mueller, Supervisors Susan Stockwell, Ellie Doyle, Chris Janik and Bob Lederer, Clerk Carol A. Mueller, and Treasurer Tom Sauer. This meeting was held in compliance with the Open Meeting Law in that copies of the agenda were posted in at least three public places in the Town and faxed to The Sounder, The Ozaukee Press, and The Milwaukee Journal-Sentinel.

Minutes of the February 14^th Public Hearing and Town Board meeting, as well as the February Treasurer’s report, had been provided to all members prior to this meeting for their review. MOTION Doyle, second Janik to approve the minutes; carried. MOTION Lederer, second Doyle, to accept the Treasurer’s report; carried.

Mary Stehling stated that in the interest of continuity, and considering her five years of experience as a Plan Commission member, she would like to be reappointed to another three year term. Chris Luft noted that Ed Voeller, a former PC member, had passed away; everyone observed a moment of silence in his honor. Luft asked that residents’ scenic vistas be preserved by not allowing berms or visual barriers. Jeff Byers agreed. Luft noted we have a Long Range Plan for the future and the Town should not be pressured by the Village; fire departments should not be combined. Cathy Stern asked that the ordinance committee consider creating an ordinance regarding berms and make it a top priority. Chuck Fry wondered why the build vs lease referendum was dropped. Mueller explained. John Derler noted that if we stop berms we would also need to stop fences; berms are natural, whereas fences are not; Mequon and Cedarburg have such ordinances, but usually everyone says they do not want to be like them.

John Derler reported one new home permit had been applied for in March, at N6284 Hwy E, and one in February, at W4796 River Rd. He also commented on building statistics in this immediate four county area.

Randy Schmit, realtor, and Tom Puddicombe, engineer, were present to represent Chris Doerr, who is purchasing the 98+ acre Praefke parcel on Hwy A, directly north of Hwy Y, in Section 29. The Plan Commission, on a vote of 5-2, recommended the Board’s approval. A 26 acre lake is to be created on this parcel, which would extend to both lots. Parcel 1 is zoned A-1 and C-1 and will be 35 acres to allow for building a caretakers home. Parcel 2 is zoned A-2 and C-1 and will be restricted so additional lots may not be created. One home will be built on parcel 2, at the north end of the proposed lake. Janik asked about the height of the proposed berms. Puddicombe noted they would vary from a few feet to as much as 10 feet depending on the topography, they would be undulating, and there would be gaps for both visual and drainage reasons; landscaping will be done on the berms, and they likely will not be mowed, but left natural. Doyle was concerned for the health and safety of the residents because of the high capacity well which will be used to fill the lake. Puddicombe said they will be bound by DNR and State regulations and will need to prove there will be no effect on the existing wells in the area. Doyle noted she had spoken to people at the DNR and they felt her concerns were justified. Doyle noted parcel 1 does not contain 35 acres of A-1, and the lake will take up much of the A-2 area of parcel 2, so the overlay concept would need to be applied to grant this land division. After further discussion, MOTION Stockwell, second Lederer, to approve the CSM, but to hold off signing it until the property is actually owned by Doerr; carried 4-1, with Doyle against due to her previously mentioned concerns. Doyle noted that while she feels this is a nice project, she wondered why those who are usually concerned about taking A-1 land out of farming did not speak against this proposal.

Son, Eric Meyer, presented the CSM, and a soil and site evaluation report for the proposed Lot 2, west of the intersection of Liberty Lane and Cigrand Dr., Section 28, zoned R-2. Lot 1 with the existing buildings would be 1.67 acres and Lot 2, 1.46 acres. Access to Lot 2 will be from Liberty Lane. MOTION Lederer, second Stockwell, to approve the CSM as presented; carried.

Village President, Bob Rathsack, and Village Trustee, Bill Hamm, were present to discuss the progress on their Long Range Plan and answer questions from Board members and Town residents. They noted their plan is looking forward 20 years and they have been working on it for about one year now. Included in their plan is the area within 1½ miles of their present boundaries. They currently have a moratorium on development, rezones and annexations. They plan to preserve ag land and environmentally sensitive areas, and hope to have their plan completed by May or June. Everyone was invited to attend their meetings which are held the third Monday of every month at 7:00 p.m. They have not settled on a rate of growth plan at this point, and they are not looking to annex but will consider requests. Chris Luft asked if it was possible to share facilities with the town in the area we have zoned for industrial, west of Milwaukee St. The Wolff farm on the NE corner of Hwy 57 and Hwy A has been the subject of annexation; rumor has it that there are to be 700 homes on the parcel. Rathsack said the potential developer had mentioned the possibility of 500 living units. Crossing Hwy 57 poses a problem as far as the Village is concerned. Rose Leider felt a pedestrian bridge would be needed, as well as a rest area for truckers, in this area. All officials concurred that working together is important to the future of both the Town and the Village.

School Board members Tom Hoffmann, Kate Redmond, and Kendall Thistle, were present to inform residents about the upcoming Northern Ozaukee School District referendum. The district is asking to exceed the revenue limits by $300,000 in each of the next three years. The need for the extra revenue is mostly due to increased costs...health insurance, utilities, wages and salaries. Residents questioned what would happen after three years. In the last referendum for building, it was predicted that enrollment would be increasing, however, it has dropped. It was noted by the School Board members that NOZ has been scoring very high on testing, and there is a need to keep the classes small and be able to keep up to date with books and curriculum. School Board members listened to questions and responses from those present, and the Town Board thanked them for providing the information.

BARTENDER’S LICENSE APPLICATION

A renewal application had been received from James Freck (Ozaukee Fish & Game). MOTION Lederer, second Janik, to approve issuing the bartender’s license as requested; carried.

Chairman Mueller and Supervisor Doyle had redrafted several of the borderline road agreements and to date only the Town of Farmington had returned theirs. Mueller presumed others were waiting for Board approval at their next meeting. Doyle noted that there is now a new version (again) of the PASER program. She suggested that someone other than herself should get familiar with this program (oftentimes it is the Clerk who does this job). The next report will be due in two years, however, training on the new version will be taking place soon.

An offer to purchase the Hetzel home was provided to Mike Herbrand, the town attorney. The offer is an "as is" offer and there are no contingencies; the raze order termination agreement was attached and the purchase price was blackened out as agreed to. The proposed closing date is March 29^th, provided the owners have emptied the property to the buyers satisfaction; buyer is Danti Skoczek. Per the terms of the raze order termination agreement, the home must be sold by May 31^st, and the new owner must provide a restoration plan, which is acceptable to the Town, by June 15; if the property is not sold by May 31^st, the raze order would be reissued.

While no agenda is required for the annual meeting, the Clerk wondered if Board members had any specific items they wanted to discuss. At this time there were no items mentioned other than the financial report and a report from the Waubeka Fire Dept. If the Chairman wants to add anything he will advise the Clerk within the next week.

Notice was received from the County Environmental Health Dept. regarding a hearing on proposed amendments, including increases to fees, in the County’s Zoning, Sanitary and Nonmetallic Mining Reclamation Ordinances. Other correspondence, including several upcoming meeting notices, was mentioned for members information. Stockwell noted she would no longer solicit donations for the T-Baum Foundation; this was her last Board meeting, her term is up and she chose not to run again.

CLAIMS - MOTION Janik, second Stockwell, to approve the claims presented - $47,937.41, checks #8640 through #8662, and Waubeka Street Light Account check #269 in the amount of $437.96; carried.

Based on a request from the Brown County Chapter of the WTA, Resolution 2002-1 was drafted to say that the Town of Fredonia endorses their position letter and recommendations to the Governor and State Legislators regarding the Budget Repair Bill, which threatens to take away shared revenue. MOTION Doyle, second Stockwell to adopt the resolution as written; carried 4-1, with Lederer against.

MOTION to adjourn Stockwell, second Janik; carried. Meeting adjourned at 10:45 p.m.

_________________________ Carol A. Mueller, Town Clerk

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A meeting of the Town Board of the Town of Fredonia was held Thursday evening, February 14, 2002, in the Waubeka Firehouse meeting room, W4114 River St., with Chmn. Mueller calling the meeting to order immediately following the Public Hearing which began at 7:30 p.m. OFFICIALS PRESENT: Chair Richard Mueller, Supervisors Ellie Doyle, Chris Janik and Bob Lederer, Clerk Carol A. Mueller, and Treasurer Tom Sauer. Supervisor Susan Stockwell was not present. This meeting was held in compliance with the Open Meeting Law in that copies of the agenda were posted in at least three public places in the Town and faxed to The Sounder, The Ozaukee Press, and The Milwaukee Journal-Sentinel.

Minutes of the January 10th Town Board meeting, as well as, the January Treasurer’s report, had been provided to all members prior to this meeting for their review. It was noted that a bid was received from Daniel, not Robert, Arndt. Minutes will be corrected to reflect that change. MOTION Doyle, second Janik to approve the minutes as corrected; carried. MOTION Lederer, second Doyle, to accept the Treasurer’s report; carried. It was noted that about 40% of the tax payments collected in December and January were paid at Port Washington State Bank in Fredonia; a letter was sent to thank them for providing this service as a convenience to Town taxpayers.

County Supervisor, Rose Leider delivered a new County Supervisor district map which was provided by the County. Hank Nask felt that, in light of the possible cut in Shared Revenue, the board should rethink the building or leasing arrangement. Mueller noted this was an agenda item for discussion later in the evening. Mueller also noted that from now on Public Comments would not be permitted after the time allowed for them, as this was against the Open Meeting Laws. Pat Bialzik commented: this should include comments from those who are favorable to the Chair.

No report given; John Derler not present.

Ordinance 1-2002 was the subject of the Public Hearing held prior to this meeting. This ordinance is an amendment to Section 12.07 - Protest, to bring the ordinance into agreement with State Statute. The Plan Commission, on February 7^th, recommended the Board’s approval. MOTION Mueller, second Lederer, to adopt Ordinance 1-2002 as presented; carried.

Del Weiss, representing the Hartmann family, presented the CSM dividing Mildred Hartmann’s 75.45 acre parcel in Section 5, at the NE corner of Jay Road and Oriole Lane, into three parcels. Plan Commission recommended Board approval. Zoning is A-1; Lot 1 will be 35 acres, Lot 2, 35.18 acres and Lot 3, with the existing home and outbuildings, will be 5.27 acres. MOTION Doyle, second Janik, to approve the CSM as presented; carried.

Mrs. Hetzel and the Hetzel’s attorney, Jerry Kiefer, were present. Kiefer noted the brush and motorcycle have been removed. A check in the amount of $349.86 was given to the Treasurer for reimbursement of the Town’s expenses for publishing and serving the raze order. The Clerk noted the total expended for legal fees to date on this raze order issue is $1766.28. Kiefer noted that if the Town were to reinstate the raze order, expenses could be placed on the tax roll as a special assessment. A "Razing Order Termination Agreement" for the dwelling located at N5426 Cigrand Dr. had been revised and approved by Attorney Herbrand, and agreed to by Attorney Kiefer and the Hetzels’. A copy of this agreement is on file. Kiefer proposed that the listing contract be provided to Herbrand so it would not become a public record; they did not want the listing price published in the newspaper or other media. Herbrand agreed to this stipulation. Following discussion, MOTION Janik, second Lederer, to accept the revised agreement as presented; carried.

BARTENDER’S LICENSE APPLICATION

An application had been received from Tobin Butt. The Clerk noted he had taken the required course and had a current bartender’s license from Grafton, so no background check was done. MOTION Doyle, second Janik, to approve issuing a bartender’s license to Tobin Butt; carried.

MOTION Doyle, second Janik, to discuss item 10 on the agenda prior to item 9; carried

With the prospect of losing Shared Revenue payments and the possibility of levy limits, the Waubeka Fire Dept. had been approached about extending our current lease. A letter received from the Dept. indicated they would extend our lease until November ‘05, with details to be discussed at a later date. Waubeka Fire Dept. President, Ryan Bublitz was present and noted that their members had discussed the situation at a recent meeting, and due to Gov. Mc Callum’s recent proposals, this extension of our lease would be beneficial to everyone. Board members thanked the Fire Dept. for working with the Town on this issue.

Hank Nask suggested tabling this discussion and having it at the Town Meeting instead. Mueller noted the referendum issue was not a power of the people at a Town Meeting; it was a Town Board decision. A brief discussion was held comparing sizes of the rooms available for lease at the Flag Day Bldg, vs the size of the rooms we are currently leasing. The office and meeting spaces were both considerably smaller at Flag Day. Hameister Architects estimated costs to remodel and make the required improvements to the proposed leased space at the Flag Day Bldg. came in considerably higher than the figures which were planned to be used on the referendum. Hameister estimated the project cost at $97,000+. It was originally thought the cost would be about $37,000. Janik felt some of the items the architect included would not have been necessary. No further discussion at this time.

MOTION Doyle, second Lederer, to reconsider the following motion made at the last (January 10, 2002) Board meeting: "MOTION Stockwell, second Janik, to hold a referendum on the lease versus build issue; carried"; carried. MOTION Doyle, second Lederer, to rescind the above motion, based on the two year extension to our current lease, and uncertain revenue issues, it would be foolish to hold a referendum to build or lease at this time; carried.

Borderline road agreements are already in place and need updating, and/or new agreements need to be signed. Roads to be considered for agreements are: Meadowlark, River Park, K Kay, Camp Awana, Riverside and Cedar Valley. Agreements will be drawn up for presentation to the Village of Fredonia and the Towns of Belgium, Saukville, and Farmington.

Notice was received from the WTA requesting that all towns be represented at the Capitol Day in Madison on February 27, to discuss the budget reforms proposed by the Governor. Other miscellaneous correspondence and invitations to meetings were also noted.

KOOP/TURCK MEMORIALS/CLAIMS - MOTION Doyle, second Lederer, to send a check for $50 to the American Lung Association in memory of John Turck and to approve the purchase of the floral arrangement sent to the funeral home in memory of Art and Ruth Koop; carried. MOTION Lederer, second Doyle, to approve the claims presented - $720,462.48 (of which $497,231.46 was for the February tax settlement checks to the State, County and Schools, and $206,667.00 was for reimbursement to the Village for the TRIP-D funds received by the Town) checks #8604 through #8639, and Waubeka Street Light Account check #268 in the amount of $437.96; carried.

MOTION to adjourn Lederer, second Janik; carried. Meeting adjourned at 9:10 p.m.

_________________________ Carol A. Mueller, Town Clerk

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A meeting of the Town Board of the Town of Fredonia was held Thursday evening, January 10, 2002, in the Waubeka Firehouse meeting room, W4114 River St., with Chmn. Mueller calling the meeting to order at 7:30 p.m. OFFICIALS PRESENT: Chair Richard Mueller, Supervisors Susan Stockwell, Ellie Doyle, Chris Janik and Bob Lederer, Clerk Carol A. Mueller, and Treasurer Tom Sauer. This meeting was held in compliance with the Open Meeting Law in that copies of the agenda were posted in at least three public places in the Town and faxed to The Sounder, The Ozaukee Press, and The Milwaukee Journal-Sentinel.

Minutes of the December 13^th and 27^th Town Board meetings, as well as, the December Treasurer’s report, had been provided to all members prior to this meeting for their review. It was noted that there were 7 new homes, not six, in 2000; Dec. 13^th minutes to be corrected to reflect that change. MOTION Doyle, second Stockwell to approve the minutes as corrected; carried. MOTION Lederer, second Doyle, to accept the Treasurer’s report; carried.

Chris Luft was against razing the Hetzel home and against correcting the current "protest" ordinance. Hank Nask questioned the procedure to be followed to correct the "protest" ordinance. Doyle and Mueller explained that the ordinance committee, and two attorneys, had recommended this ordinance be amended to comply with State Statutes; Mueller noted the letter from Attorney Harvey on this matter. Ron Strauss spoke about development, suggesting that one home on 35 acres was not a good use of farmland, and while he is not against development, the poorest farmland is what should be developed; he liked the plan for the "estate" parcel on Hwy A as there would be a caretaker on the property. John Feltes spoke about the removal of the Waubeka Dam and the fire department’s efforts to install dry hydrants. Pat Bialzik asked if a letter had been received from the Waubeka Fire Dept. following the last Board meeting; Mueller read the letter which is on file..content of the letter was noted at the Dec. 27^th meeting.

John Derler provided the latest information from the Metropolitan Builder’s Ass’n. regarding the number of new homes built in the four county area; numbers are down over a three year period, but up slightly for this year. The Town will end this year with 11 new homes, compared to seven last year.

The Hetzel’s attorney, Jerry Kiefer, and Town attorney, Michael Herbrand, were present. Kiefer noted a lot of clean up has already taken place...trees and shrubs have been trimmed, truck and camper have been removed, all doors and windows have been secured, and the brush pile and motorcycle can/will be removed quickly. Hetzel’s have not been occupying the home and have decided it would be best to sell, but they can’t do it with a raze order in place. They would like the town to drop the raze order, and Kiefer, with Hetzel’s in agreement, said the Town can invoice his office for the costs we have incurred to serve and publish same. If the raze order would have to be reinstated, the costs would then be recouped as a tax lien on the property. Two potential buyers were present, but no offer has been made or accepted. These potential buyers would renovate the home; one would tear down the back portion, the other would rehab the entire building; they would occupy the home. Herbrand expressed concern regarding dropping the raze order entirely; he felt it could be held in abeyance, but the back portion of the home was still a major concern. This portion has a lot of glass, is old and dilapidated, and is cause for safety concerns. All Board members agreed they would rather see the home restored than torn down, but there have been so many delays and little progress has been made. Asking price for the home could prohibit a quick sale. While Kiefer wanted the raze order dropped and time to sell until July, Herbrand and the Board felt the end of May would be time enough to sell the home and/or present plans for restoration. Derler noted that a major stumbling block could be obtaining a sanitary permit from the county. After further discussion, Board members agreed to have Herbrand draw up an agreement regarding terms to be met to drop the raze order. This agreement will be presented to the Board at the Feb. meeting for their approval. The Clerk will provide Herbrand with the dollar amounts to be reimbursed for publishing and serving the raze order.

MOTION Mueller, second Lederer, to discuss item 7 on the agenda prior to item 6; carried.

Plan Commission member, Tom Williams, had presented a written proposal to the Plan Commission and the Clerk forwarded it to the Board. Included in this proposal was the fact that rezoning of three large parcels is being considered...Doerr’s estate plan for 96 acres, a mix of ag and conservancy zoning, Shaner’s 107 acres all A-1, and Huiras’ 105 acres, also all A-1. Williams recommended a "time out"... 3-6 month moratorium for the Plan Commission to revisit the Long Range Plan, discuss issues regarding development and develop more detailed plans specific to large parcels to be considered for development. He further suggested compiling an inventory of parcels zoned for building, parcels currently for sale, and reconciling current inventory to demand; a review of plans for other major parcels; identifying key issues such as location, environment etc.; development of a "game plan". He noted that the Long Range Plan is a guide and does not provide much more than a strategy, and felt an operational plan is needed. Janik felt it is difficult to apply the Long Range Plan to all situations; Stockwell felt the plan did not have to be changed, just defined; Janik suggested a moratorium was not needed but a study would be OK. Doyle noted that whenever inventory is mentioned, no one considers the fact that this "inventory" is not necessarily for sale. The Plan Commission members were not comfortable dealing with three large parcels at one time, and had agreed to this "time out". Doyle noted that she has taken courses on planning issues and has obtained facts from other sources such as SEWRPC. She has passed some of this info along to the PC members, but not all of them read it. It was agreed that the Ordinance Committee: Tom Armstrong, Tom Williams, Ellie Doyle, Chris Janik, and Carol Mueller, should do this study, but no moratorium was required. MOTION Lederer, second Doyle, to have the Ordinance Committee do a 3 month study on larger parcels; carried.

Kim Shaner owns a 107 acre parcel north of the Tagay Tay subdivision in Section 28, zoned A-1. He had requested a re-zone from A-1 to A-2, for a proposed plan for 16-5 acre lots, with a common horse run around the lots, and a tree farm and recreation area fronting on Cigrand Dr. (Hwy H). At his third visit to the Plan Commission, the recommendation to the Board regarding the re-zone request was to table the issue until a study can be done. With very little discussion, MOTION Lederer, second Janik, to honor the Plan Commission’s request to table the Shaner re-zone request for 3 months; carried. Realtor, Mark Schowalter, representing Shaner, asked what they could do, as they may want to go with 3-35's at this point. Mueller told him that would be OK.

Based on correspondence Doyle had sent to, and received from, Atty. Alan Harvey, and questions she had posed to him, in October of 2000, as well as, prior discussion by the Ordinance Committee members, the Clerk drafted this amended ordinance. Attorney Edgar reviewed it and gave it his approval. The Plan Commission will be asked for their recommendation at their Feb. meeting and a Public Hearing on this ordinance amendment will be held prior to the Feb. Board meeting.

Robert Huiras, a member of the referendum committee, said three of the four members went to Attorney Ritger as they were not told to stop work on the drafting of a referendum question; he said now the Board can do what they want with it. It was again noted that Attorney Edgar did not feel there was much point to the referendum because the authorization would still need to come from the voters, should the vote result in a majority wanting the town to build. At best the referendum could only be advisory. Nask stated that if the vote were to build, he would not go against the voters choice. After a brief discussion all members agreed they would like the wider opinion to be gained by a referendum; MOTION Stockwell, second Janik, to hold a referendum on the lease versus build issue; carried. Discussion followed regarding accurate cost figures. DuWayne Hameister, Hameister Architects, Inc. had been contacted by the Clerk and she presented a written report of his comments. He would come out and do a more detailed cost study after observing the building portions to be leased and the proposed plan for a building. His fee for this on-site evaluation and study would be in the range of $1000-$2000. Doyle noted she had contacted both Port Washington and Cedarburg, who had building issues recently, and was advised that a study should definitely be done. MOTION Lederer, second Doyle, to have Hameister Architects, Inc. do a study to obtain more accurate figures for building vs leasing, at the fee mentioned above; carried. Stockwell had to leave the meeting at this time.

Two bids had been received for the used culverts as was noted in the last Town newsletter. The bid from Hartmann Sand & Gravel Co. Inc.($250 for both culverts) was higher than that of Robert Arndt ($3.00 per foot, which would equate to $120 for both culverts). MOTION Mueller, second Lederer, to award the bid to Hartmann; carried.

Following a brief discussion, MOTION Mueller, second Lederer, to increase the hourly wage for poll workers from $6.00 per hour to $7.50 per hour, and allow $25 for any meetings/classes required, plus mileage; the Town would pay any fee for the classes; carried.

Members were provided a copy, in advance of this meeting, of the final budget figures and did not see any problem.

The Plan Commission and Town Board members will be receiving an invitation from the County Taxation and General Claims Committee to attend their next meeting when the Magritz parcel will be discussed. Mueller felt that members may want to view the Magritz property prior to that meeting; members will be notified to meet at the property on Thursday, January 17^th, at 1:00 p.m. The Sheriff’s Dept. needs to be notified as to how many people will be there. Mueller also noted that the County Hwy Dept. has asked permission to do some brush cutting now, as work has been slow due to the nice winter weather we have had so far. Board members agreed to have this service done now, but not to exceed $5000. The Clerk requested permission to purchase the update to Quick Books at a cost of $99.95; permission granted. The new PA system was purchased and used tonight with favorable response. The cost was slightly lower than anticipated, leaving some money in the Capital Outlay budget, so a portion can be used for the Quick Books update. Mueller has received questions from a landowner who wants to build on their lot at the north end of Fairway Dr. They would like the road upgraded, whereas previously they were content to have the road abandoned, and it then would have become a private road. Nothing can be done this winter; discussion will continue. All members were invited to the Urban Town’s meeting this Sat. in Waukesha. The Urban Towns Association would like us to join, but members agreed their issues deal more with larger towns adjoining larger cities, etc. Board members can attend without the Town being a member, and this is encouraged as well.

CLAIMS - MOTION Janik, second Doyle, to approve the claims presented - $1,016,178.66, (of which $987,462.75 was for the January tax settlement checks to the State, County and Schools) checks #8575 through #8603, and Waubeka Street Light Account check #267 in the amount of $437.96; carried.

MOTION to adjourn Lederer, second Janik; carried. Meeting adjourned at 10:55 p.m.

_________________________ Carol A. Mueller, Town Clerk

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