MINUTES/TREASURER= S REPORT

A meeting of the Town Board of the Town of Fredonia was held Thursday evening, September 11, 2003, immediately following the three Public Hearings which began at 7:30 p.m., in the Waubeka Firehouse meeting room, W4114 River St., with Chmn. Mueller calling the meeting to order. 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, Ozaukee Press, and Milwaukee Journal-Sentinel.

Minutes of the August 14th Town Board meeting, along with the August 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 Doyle, second Leider, to accept the Treasurer’s report; carried.

John Feltes noted that some of the roads in Waubeka appear to be breaking up, especially along the shoulders, due to heavy vehicle loads, and the Board should take a look at them.

John Derler was not present at this time, but arrived later in the meeting and provided the addresses for the two new homes, W4274 Valley View and N6165 Hwy I. The total new home permits for the year now stands at five, the same as last year at this time.

Subject of a Public Hearing held prior to this meeting; Plan Commission recommended approval. Stemper re-zone of 1.72 acres in Section 19, from R-2 to B-1; the adjoining .58 acre lot, zoned B-1, has his body shop on it and will be joined with this 1.72 acre lot. Doyle noted a typo in the Ordinance; the Clerk will re-do and the ordinance will be signed and posted after the two lots are joined. MOTION Leider, second Doyle, to adopt Ordinance 3-2003; carried.

This re-zone and conditional use permit were the subjects of two Public Hearings held prior to this meeting; the Plan Commission had recommended approval of both. Huiras was not present at this time. Items #7 through 11 were discussed prior to this item; members agreed to go back to this issue when/if Huiras arrived.

Resolution 2003-2 is in support of an agreement with Ozaukee County for a grant application to the Wisconsin Dept. of Administration to do a multi-jurisdictional comprehensive plan. Andy Struck, Andy Holschbach and Paul Roback were present to represent the County’s position and answer questions. Stern asked if we could back out at a later date. Struck noted there will be an agreement drawn up after/if the grant is awarded. Having discussed this issue at the recent WTA County Unit meeting, Board members did not have any questions at this time. MOTION Janik, second Doyle, to adopt Resolution 2003-2; motion carried 4-1, with Leider opposed.

REQUEST FROM HARTMANN SAND & GRAVEL TO RELEASE MORTGAGE AND BOND MONEY Rich Rathke was present and said in the mid 70's, when they opened the Grabinger pit on Hwy E, a savings account was set up, with the Town and Hartmann Sand & Gravel, at the Random Lake State Bank. The account now has a balance of about $2000. The Town also holds a mortgage on the Hartmann Sand & Gravel Co. Inc., which was issued in 1979, in the amount of $8000., for the pit on Pioneer Dr. Rathke felt now that they have filed a reclamation plan and bond (Irrevocable Standby Letter of Credit in the amount of $24,344.26) with the County, the mortgage and savings account set up with the Town were no longer needed as this was a duplication of coverage. He felt the money held by the Town was set up for reclamation purposes only. Doyle noted that NR 135 only deals with reclamation and the Town would have nothing to fall back on as we would not be covered under the County’s bond. The Town does not have a road bond from Hartmann Sand & Gravel at this time and Rathke said that years ago they were told they were exempt as they were residents of the Town. Mueller noted that many other trucks use the roads and we don’t have a road bond from anyone else either. Jentges does have a Letter of Credit, and Doyle asked if that should be released also? Andy Holschbach, head of the County Dept. handling the NR 135 issues, noted that the reclamation plans and agreements are not completed, but should be within the next month. He thought it may be possible to include the Town on the County’s bond. Rathke agreed to hold further discussion until the County plan is finalized.

The Clerk felt an hourly rate should be added to the fee schedule for research. An attorney recently told her to be sure to charge him for the time it took to locate several documents he had requested, but she felt this could not be done without having a rate set up. Following discussion on the subject, it was agreed to do some investigating as to if we can legally charge and, if so, how much.

The Chairman read the Budget Resolution and noted the reason for the transfer of funds from the Contingencies Fund to the Law Enforcement Fund (a new account).....due to numerous complaints from Town residents regarding excessive squealing of tires, racing of motors, and loud music in the areas of the Little Kohler Haus and The Dawg House, the Sheriff’s Dept. was contacted to patrol in the Town on the weekend. Residents were adamant that something be done immediately to curb the problem. However, the Sheriff’s Dept. could not send an extra patrol unless the Town paid for it. Mueller felt this was an emergency situation and agreed to pay them for 6 hours, on both Friday and Saturday night, resulting in a bill of $444.00. During the two night patrol, several citations and warnings were issued as well as two arrests for drunk driving. Mueller noted this would not be a recurring expense. MOTION Doyle, second Janik, to adopt Budget Resolution 2-2003; carried unanimously.

Regarding the ‘04 budget, Leider felt money should continue to be added to the Reserve for Building Fund for possible use in the future. Mueller agreed, but noted that he wants to try to keep the budget in line with last year and not raise the levy, if possible. The Clerk will draft a proposed budget for discussion and consideration at the next meeting.

Chmn. Mueller and wife, Leider, Mueller, and Sauer plan to attend the WTA Convention October 6^th, 7^th and/or 8^th. Doyle and Stern may attend for one day if possible. Due to time constraints in preparing for the Town Board meeting which would normally be held on the second Thursday of the month (Oct. 9^th), MOTION Stern, second Leider to hold the Town Board meeting on Oct. 16^th instead; carried.

Huiras request is to split off 5 acres, with the home and buildings, from his 167 acre parcel in Section 22, and rezone it from A-1 to A-2. The Conditional Use Permit requested would allow him to convert the existing shed into rental storage units. Doyle noted that the existing buildings were not shown on this final CSM; she felt they should be included to be sure the proper set back requirements were met. Huiras said he would have the surveyor re-do the CSM to show the location of the buildings. MOTION Mueller, second Doyle, to adopt Ordinance 4-2003, approving the CSM and rezone to A-2, providing the CSM is redrawn to show the buildings, and there are adequate setbacks; carried. MOTION Doyle, second Leider, to approve the Conditional Use Permit; carried.

Leider handed out copies of the County Board Committee Reports. The Clerk noted she had not received a response to her letter to Perow regarding sidewalk issues and other potentially hazardous conditions on his lot. The Board advised sending a certified letter and requesting action and/or his attendance at the next meeting. The Ozaukee Economic Dev. Comm. requested a $500 contribution be included in our ‘04 budget. Robin Auer asked Chmn. Mueller if the Board could help in recruiting new EMT’s. Doyle will again note this in her newsletter and it was suggested that a letter to new residents could also be of help, both for this purpose and to provide other information about the Town. The County Board agenda will no longer be mailed to the Clerk, but will be e-mailed instead; members agreed to have the Clerk notify the County of their e-mail addresses and add them to the list to receive the agendas. Board members were invited to join in the annual County road tour which will be held on Sept. 24^th from 8:30 to noon. Several brochures from the UW Extension regarding upcoming classes and seminars were mentioned; copies are available if Board members want to attend any of these classes/seminars.

MOTION Janik, second Stern, to approve the claims presented - $74,775.08, checks #9112 through #9137, and Waubeka Street Light Account check #287 in the amount of $454.37; carried.

The meeting was adjourned at 9:45 p.m. on a MOTION by Stern, second Leider; carried.

________________________

Carol A. Mueller, Town Clerk

Table of Contents

A meeting of the Town Board of the Town of Fredonia was held Thursday evening, August 14, 2003, 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, 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, Ozaukee Press, and Milwaukee Journal-Sentinel.

Minutes of the July 10th Town Board meeting, along with the July Treasurer’s report, had been provided to all members prior to this meeting for their review. Doyle asked that the minutes be clarified to include the fact that: Board members "agreed by unanimous consent" to view the closet at the Americanism Center where records would be stored, the Clerk remained at Town Hall while members went to the Americanism Center, and the motion to "accept Jack Janik’s offer to use the closet at the Americanism Center for storage of Town records" was carried by a unanimous vote of all Board members. MOTION Leider, second Janik, to approve the minutes with the above noted additions; carried. MOTION Doyle, second Janik, to accept the Treasurer’s report; carried.

Supervisor Stern stated she had received a call from Lt. Ed. Hermann of the Ozaukee County Sheriff’s Department regarding the truck parked on Hwy I on the Kevin Stageman property. The truck has been moved and now has a for sale sign on it. Stern felt the Town should do something about this "harassment". Doyle noted that all Town officers had received a call from Lt. Hermann and, at the last Ordinance Committee meeting with Attorney Edgar, he was asked about this issue and his advice was that it is a civil matter.

John Derler was not present, but advised the Clerk that there was one new home permit for R. Pintor at N5330 Loraine Dr., bringing the total new home permits for the year to three.

Resolution 2003-2, supporting an agreement with Ozaukee County for a grant application to the Wis. Dept. Of Admin. for the development of a multi-jurisdictional comprehensive plan, was presented for consideration. Paul Roback, Andrew Struck, Andy Holschbach, Don Dohrwardt and Rose Leider were present as representatives of various County Departments or Committees. Following explanations, many questions and discussions, Board members agreed that more information is needed before this Resolution should be considered. It was suggested that the WTA County Unit meeting be moved ahead if possible (the County would like to know who is going to be "on board" by the end of September) and this issue be the topic for discussion. Doyle, who represents the Town of Fredonia on the County’s Comprehensive Planning Committee, offered to make calls to all of the County’s Town Chairmen and the WTA County Unit officers to see if it would be agreeable to hold the Unit meeting ASAP instead of in September as was scheduled. Resolution 2003-2 was tabled until the September Board meeting.

Alphonse Kraemer owns a lot on Jung Road, between the Daniels and Gavin residences. Mrs. Gavin had made a complaint about weeds on this lot. Mr. Kraemer was present and stated he had spoken to his neighbors and the problem will be taken care of-he will get someone to cut the weeds before the next Town Board meeting.

Dennis Rathke and Robert Lederer were present to represent area residents who are being annoyed by the above mentioned actions. Richard Warner and Eric Kocher, owners of "The Dawg House" were also present. Lederer felt that more policing of the area is needed. Kocher and Warner said the past weekend was their "grand-opening" and there was more business than usual because of that. They are doing what they can to stop any of their customers from annoying the neighbors in the area. They have posted signs on their door, asking customers to "leave quietly". They felt this was not necessarily an "alcohol problem", and that all of the offenders are not their customers. County Supervisor Rose Leider, suggested giving the new owners a chance; she is on the Law Enforcement Committee, and told Rathke and Lederer to call her if the problems persist and she would speak to the Sheriff about the enforcement problem in the Town.

Bartender’s license applications were received from: Misty May Dalske, Suzanne Rodriguez, Jason Allen, Tobin Butt, Jennifer Schmit, Anthony Eischen, Marilynn Birnebaum, Amanda Eischen, Edwin R. Johnson, James Arthur Freck, Thomas J. Andreshak, Richard D.Riepl, Michael J. Hansen, Dean W. Roebken, Alfred L. Schlecht, and Stephen E. Stockwell. The majority were renewals; background checks were done as needed and all who required it had taken the RBSTC. MOTION Janik, second Doyle, to approve all license requests; carried 4-1, with Stern opposed because of one background check that she felt was not conducive to issuing a license.

The Town’s fee schedule was reviewed. Charges (fees) for disposal of couches and mattresses at the Recycling Center were increased to $15, due to the work involved by employees in handling these items. The fee for the "Amnesty program/multi-family inspection" was removed as the amnesty period has expired. The fees for towers and co-locators were clarified to be "per tower or per co-locator". Fees were added, @ cost, for registering documents. MOTION Stern, second Leider, to revise the fee schedule as noted in discussions above; carried.

The Chairman read the Budget Resolution and the Clerk noted the reasons for the revisions. MOTION Leider, second Stern, to adopt Budget Resolution 1-2003 as presented; carried unanimously. Resolution is on file.

Doyle obtained quotes from Virchow-Kraus ($6500) and Schenck Government & Not-for-Profit Solutions ($2900) to do an audit of the Town’s financial records for the year 2003. The previous estimate from Weber-Corson in Sheboygan was $3000-$3500, but was verbal only. MOTION Mueller, second Stern, to contract with Schenck for the Town’s audit; carried. The audit will be done in early 2004.

County Supervisor Rose Leider handed out copies of the Ozaukee County Board’s Committee Reports. The Clerk received an email regarding Ozaukee County Day at Miller Park, September 3^rd. The preliminary estimate of the January 1, 2003 population for the Town of Fredonia was noted as 2112, as received from the Wis. Dept. Of Admin. Of that number, it was estimated that 1718 were of voting age.

MOTION Stern, second Janik, to approve the claims presented - $250,644.83, checks #9084 through #9111 ($227,359.29 was for the school tax credit received from the State and paid to the County) and Waubeka Street Light Account check #286 in the amount of $445.65; carried.

The meeting was adjourned at 10:25 p.m. on a MOTION by Leider, second Doyle; carried.

________________________

Carol A. Mueller, Town Clerk

Table of Contents

A meeting of the Town Board of the Town of Fredonia was held Thursday evening, July 10, 2003, 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, 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 June 12th Town Board meeting, and the June 4^th Board of Review, along with the June Treasurer’s report, had been provided to all members prior to this meeting for their review. Doyle asked for an update on several issues discussed at the June Town board meeting: A street light will be installed on the existing pole in front of W4170 River Road with no cost for installation and a monthly fee of about $12.00, contract to sign is on its way; the Ozaukee County Sheriff’s Dept. has been patrolling the area along River Road more frequently, per request; a certified letter has been sent to Fry/Baker reminding them that they have until July 31, 2003, to move or remove the illegally placed pole building. Following these updates, MOTION Doyle, second Leider, to approve all minutes; carried. MOTION Doyle, second Janik, to accept the Treasurer’s report, with a spelling error noted; carried.

Supervisor Stern inquired as to whether the Town had an ordinance regarding noise after certain hours. It was noted that there is an ordinance which addresses decibel levels, but not time of day. Stern also inquired about the recent Board of Appeals hearing for Leider Farms side yard set back variance; Leider and the Clerk noted there was a notice posted and published, the Hearing was held, and the variance of 7 feet was granted.

BUILDING INSPECTOR’S REPORT - none; John Derler was not present.

Members discussed the need for a holding tank ordinance, or revisions to the existing ordinance. The Clerk explained that she had spoken to Barry Sullivan at the County, and he suggested that the Town may want to restrict holding tanks, as the County, under Comm 83, will not. Members felt the Town should still have an ordinance with some restrictions; the Ordinance Committee, along with Attorney Edgar, will draft a revised ordinance for the Board’s review, to be adopted when all of the other ordinances are codified and ready for approval. Members felt the return of the bonds should coincide with the adoption of a revised ordinance. Sullivan had noted there was no longer a need for bonds on a local level due to the fact that if any problems arose they would be handled by the County. In the interim, the Clerk will check on procedures for recording the release of the bond requirement, and return of the cash bonds to the current owners of properties on record as having paid this bond.

Prior to this meeting, the Chairman, Clerk and Treasurer had met with Jack Janik at the Americanism Center to view the space Janik had offered for storage. The area consists of a closet in the building, which is approximately 5' x 8', and has concrete block walls. The Town could install shelving to fit our needs, and a new lock for the door to the closet, which could only be accessed by Town officials who have a key. Janik said he would provide a key to the building so access could be had whenever needed. Janik stated there would be no charge to use this closet for the Town’s record storage. Board members wanted to see the area for themselves, so they agreed to view the site following the last agenda item, make a decision, and adjourn from there. Sauer had received a bid for electric work, from Bruce Paape, if a storage building would be built at the Recycling Center site. He provided everyone with a copy of this bid, but it was not discussed at this time.

Harvey Bowe is "retiring" and applications for a Combination Class B license and a cigarette license were submitted by Richard Warner and Eric Kocher, who will be doing business as "The Dawg House, LLC", with Warner asking to be the approved agent. They plan to take over on July 15^th. Both applicants have completed the Responsible Beverage Server’s Training course, and both applied for bartender’s licenses as well. Background checks were done and neither had a record. Discussion was held as to what portion of the license fees paid by Harv should be refunded as he will only have used his licenses for 15 days. The new applicants paid prorated fees for the beer and liquor licenses. The Clerk noted that license fees for licenses issued after July 1^st are prorated by Statute, but there is no provision for refunds of fees already paid, and it is a Board decision; cigarette license fees are not prorated. Considering the fees paid, the fact that Harv only held the licenses for 15 days, and the work involved in issuing licenses, members felt a refund of $200 to Harv, out of the $250 he had paid for the licenses, would be fair. MOTION Mueller, second Leider, to approve issuing licenses to Warner and Kocher for "the Dawg House, LLC" as requested, appointment of Warner as agent, and a refund of $200 to Harv Bowe; carried.

Bartender’s license applications were received from: Richard Warner, Eric Kocher, Jane Nickel, Jodi Warner, Troy Langlois, Debra Sol, Harvey Bowe, and Alexandra West. The Clerk noted background checks had been done on all, all had either taken the RBSTC course (or were enrolled), or hold or have held a bartender’s license or retail license within the State in the past two years, meeting State Statute requirements. The Clerk also noted some other State Statutes regarding licensing and the municipalities’ liability for same (there is no liability due to issuing a license). MOTION Doyle, second Janik, to approve all license requests, with licenses to be issued by the Clerk when the required course documentation is received; carried.

In the Spring Election, Allen Eichstaedt was elected, by write in vote, to be a Sanitary District Commissioner for a six year term. Eichstaedt agreed to accept his elected position, but to date has not signed his oath of office. The Clerk will try to contact him again to get the paperwork completed. Harvey Bowe, a Sanitary District Commissioner with about four years remaining in his term of office, has moved out of the District. Chairman Mueller asked if anyone had suggestions for a replacement; Mueller said he had approached Robert Lederer about filling the term and Lederer said he would accept if appointed. No one had any other nominations; MOTION Mueller, second Doyle, to appoint Robert Lederer to fill Harvey Bowe’s unexpired term as Sanitary District Commissioner; carried.

The Clerk provided members with a budget update which included receipts through July 9^th and disbursements through July 10^th.

The 2003 budget included $4000 to have an "outside" audit done. An estimate of $3000-3500 was obtained from Weber-Corson in Sheboygan. It would be at the Town’s option to have the audit done for the year 2003, which would be done after February 2004, or have them audit 2002, which could be done this fall. Paul, from Weber-Corson told the Clerk that he specializes in municipal audits, would do the Form C and a financial report, and appear at a Town meeting to explain the report, if requested. His firm does the auditing for many municipalities in the Sheboygan and Manitowoc County areas, including the Village of Random Lake. Leider felt we should get another estimate. Most members agreed the audit should be done for the year 2003. Doyle will check the cost with some other firms and report back to the Board next month.

The Chairman noted that Park Avenue in Waubeka is being re-done; it was scheduled for patch work, but once work was begun, the project became more extensive. The Clerk noted a report from the Recycling Center regarding the need to order bags or stickers as they are running low, and also, the need to increase some fees due to the work involved. This will be on next month’s agenda for discussion. Revisions/additions to the fee schedule will also be placed on next month’s agenda. Several items of correspondence from various agencies were mentioned by the Clerk and the Chairman. The Village of Fredonia will be holding a Public Hearing on their Comprehensive Plan-2020, on July 17^th, at 6:30 p.m., at the Fire Department Meeting Room. Copies of the Plan are available at the Village Hall.

MOTION Doyle, second Janik, to approve the claims presented - $26,954.40, checks #9064 through #9083 and Waubeka Street Light Account check #285 in the amount of $445.65; carried.

At 9:30 p.m., Board members left to go to the Americanism Center to view the area Jack Janik had offered to the Town for record storage. The Chairman returned to notify the Clerk that after looking at the site a MOTION was made by Stern to accept Jack Janik’s offer to use the "closet" at the Americanism Center for storage of Town records; second by Doyle, motion carried. The meeting was then adjourned on a MOTION by Janik, second Leider, carried.

________________________

Carol A. Mueller, Town Clerk

Table of Contents

The Annual Meeting of the Town of Fredonia was held on Monday evening, April 14, 2003, in the Waubeka Firehouse meeting room, W4114 River Street, with Chairman Richard Mueller calling the meeting to order at 8:00 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. This meeting was held in compliance with the Open Meeting Law in that copies of the meeting notice 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. Notices had also been published in The Ozaukee Press. In addition to the Town Officials, eleven (11) Town residents were present for all or part of this meeting.

The Chairman read the minutes of the April 15, 2002, Annual Meeting. MOTION Rose Leider, second Chuck Fry to approve the minutes as read; carried. The date for the next Annual Meeting was set for Monday, April 19, 2004, at 8:00 p.m., MOTION Lance Leider, second Cathy Stern and carried.

Chairman Mueller read portions of the 2002 Financial Report and answered several questions. Chris Luft asked why Doyle’s salary was so much higher than the other supervisors, since she missed so many meetings. The Clerk said that Doyle only missed one or two regular meetings in ‘02 and had attended very many extra meetings, seminars, Committee meetings, etc. Also, two Supervisors were not at full pay until April

Work on a plaque honoring all the past Town Officers is still being done. It has been difficult to get the names of some Officers from the very early years and more research needs to be done before this project can be completed. A thank you note was received from the Flag Day Foundation for the Town’s support. The Waubeka Fire Department was going to give their annual report and a report on an Emergency Government Program they attended for the Town, but members were out fighting a grass fire.

Mueller said he had asked Jack Janik if it would be possible to get a safe area in the Americanism Center building for the storage of some Town records. Janik agreed there would be room; details need to be worked out.

County Supervisor, Rose Leider, handed out new County maps to those who were present. She noted the large number of areas residents who use the Eastern Shores Library System, taking advantage of both the bookmobile and area libraries. Rose also reported on the Ecological Society of America-Great lakes area climate predictions which were: 5-12 degrees warmer in winter, 5-20 degrees warmer in summer, with spring and fall wetter than usual and winter and summer drier than usual.

Chairman Mueller noted that handouts were available regarding the Open Meeting laws and encouraged all present to take a copy and read it.

The Clerk wanted to clarify that the Clerk’s salary is now $15,000 a year, not $18,000, as Hank Nask had stated in his campaign flyer. Fry asked what the total would be if per diem for meetings were included, but Carol told him she did not know how many meetings there would be so it would be hard to predict.

Chris Luft asked if the Town still kept the old books and records which were there when she was in office; they are still being stored.

Chairman Mueller noted that the LOSA (Length of Service Award) program for volunteer firefighters and EMT’s had been implemented and four senior members have already been paid through the "buy-back" portion of the program.

Tom Curtis had questions about drainage from two culverts on either side of School Road which run to his property. Before the Waubeka Dam was removed, he had a "pond" in his yard which was fed by the river. The "pond" is now a muddy hole and he is seeking permission from the DNR to fill the area. Mueller said the Board members would look at the situation when they do the annual road inspection.

Chris Luft complained that people are still driving into the "fishing hole" on the southwest corner of Hwy I and Hwy Z. They are shooting firearms and dumping garbage despite efforts by the county to keep cars from driving in there. She wondered if something could be done about the situation.

As the Waubeka Fire Department was still out on a fire call, MOTION Leider, second Sauer, to have the members give their report at the May Town Board meeting; carried.

Pat Bialzik asked about what happened at the Recycling Center concerning campaign posters on Fry’s truck which was parked there, and why the signs were covered up with a tarp. Tom Sauer said he could explain. He attempted to do so, Chuck Fry interrupted, and the Chairman ended the discussion. MOTION Rose Leider, second Stern, to adjourn; carried. Meeting adjourned at 8:50 p.m.

____________________________

Carol A. Mueller, Town Clerk

Table of Contents

A meeting of the Town Board of the Town of Fredonia was held Thursday evening, April 10, 2003, 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 Ellie 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 e-mailed to The Sounder, The Ozaukee Press, and The Milwaukee Journal-Sentinel.

Minutes of the March 13th Town Board meeting, along with the March 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 Leider, to accept the Treasurer’s report; carried. A brief discussion was held regarding investing the reserved funds in a CD for 24 months; all agreed this should be done.

Patrick Jentges questioned what Ordinance 2.07 had to say regarding junk cars (did it only apply to those that were in view?) and who enforces the ordinance? Mueller replied that the ordinance would have to be enforced by the Town Board as we don’t have an enforcement officer, and usually it only applies to cars that are in view, because if they can’t be seen, no one complains. Bob Lederer said there was a car parked on a lot in Waubeka which had not been moved since 1995; he felt the ordinance should have a provision for this situation as well. Chris Luft would like to see the Plan Commission address the issue of berms as she feels they shut off the scenic vistas of the town. Hank Nask did not want to file a complaint about junk cars out of fear of reprisals, but would like to see something done. John Derler said if junked or abandoned vehicles were leaking fluids, a call to the DNR would get action.

John Derler reported that there were no new home permits taken out in the past month; one was issued so far this year; the Town of Farmington has already issued 12 this year.

A complaint regarding several cars on Clearview Dr. has been resolved; Mueller spoke to the owners and the cars have been removed. Stern questioned why there was a truck parked on Stagemann’s property on Hwy I, across the road from the Bialzik residence; she felt it was there for spite. Stern also felt that the vehicle blocks or interferes with visibility, and/or causes confusion, for people driving on Hwy I and it should be moved. The Clerk noted that the Ordinance allows for one unlicenced vehicle, and if they only had that one she could not write to tell them they were in violation of the Ordinance. Leider felt any new ordinance should include a provision for cars to be hauled away if they are parked in the right-of-way for more than 24 hours. Regarding the truck parked on Stagemann’s property, the Board felt the Clerk could write a letter asking them to consider moving it, even if they only have one unlicenced vehicle, as it may be a safety issue. Lederer noted there were violations in Waubeka, but the persons who had complained were not present. The Chairman asked residents who have a complaint to list names and/or addresses on a piece of paper and a letter will be sent to the property owner notifying them that they are in violation of Ordinance 2.07.

Following a brief discussion, MOTION Mueller, second Leider, to reappoint Brian Huiras to a three year term and Chris Janik to a one year term on the Plan Commission, and to appoint Steve Rathke to a three year term, and Jack Janik, as an alternate (also a three year term) to the Board of Appeals; carried

Robin Green, the current license holder for Little Kohler Haus, no longer has a lease for the premises; a letter addressed to the Town of Fredonia, signed by Robin Green, verified this and stated that she was out of business and no longer needed her licenses. Allen Stern has been operating the business for Green in recent months. He turned in the licenses which had been issued to Green and applied for licenses to operate the business under his name. The Clerk noted the results of background checks which were run through the Criminal Investigation Bureau and the Wisconsin Circuit Court Access on the internet. (Previously, a resident had questioned the results received from the background checks done via the CIB, which the Town pays $5 for, versus what they themselves find on the WCCA. Mueller called the CIB to ask why there was a difference and was told that the CIB only lists those offenses where a person has been fingerprinted). Both sites are now being checked for information. Despite a pending misdemeanor, the Board felt the issuance of the licenses for the period from now until June 30^th could be a trial period; if there were problems, licenses may not be renewed in June. MOTION Mueller, second Janik, to issue liquor, beer, and cigarette licenses to Allen Stern for Little Kohler Haus; carried 3-0, with Stern abstaining (licensee is her son) and Doyle not present. Allen and Janelle Stern were present and asked when they would receive the licenses; the Clerk said she will have them ready for them tomorrow. In regard to refunding a portion of Green’s fees: it was agreed that Stern would pay the prorated fees and no refund would be made to Green at this time; her whereabouts are apparently unknown. There are no provisions in the State Statutes which call for refunding of license fees, so it is at the discretion of the Board.

Ordinance 2-2003 would reduce the speed limit on Meadowlark Road, from Hwy 57 west to Blueberry Road, from the current 55 mph to 45 mph. MOTION Stern, second Leider, to adopt Ordinance 2-2003; carried 4-0, with Doyle not present. This Ordinance will be in effect after publishing and posting as required.

The Clerk stated that formerly only a $5.00 fee could be charged for cigarette licenses. This provision has been revoked and fees may now go as high as $100. Following discussion it was agreed to raise all fees. MOTION Stern, second Leider, to increase the beer license fee from $75 to $80, the liquor license fee from $125 to $150 and the cigarette license fee from $5 to $20; carried.

April 15^th was set as the date for the annual road inspection. Members will meet at 9:30 and proceed from the Town Hall to inspect all of the roads in the town. Another inspection may be scheduled when all the foliage is out to check for visibility problems. Sidewalks also need to be inspected this year. Crack filling will be done on the same basis as last year as it has been shown to be the best investment for protecting and prolonging the life of roads. MOTION Leider, second Janik, to allow the Chairman to sign a contract with Crack Filling Services in an amount not to exceed $15,000; carried. It was mentioned that Hickory Grove Road will need some gravel work and possibly an underlayment in an area that is sinking.

Mueller noted he had received a letter from the Ozaukee County Sheriff’s Department regarding the upcoming Harley events and the possibilities that if too many are allowed to set up camp sites in the County their Dept. would not be able to handle it. Leider felt the Town should not get involved in allowing a campsite to be set up as there already was one being set up in Belgium. County Supr. Rose Leider said she would bring this to the attention of the County Law Enforcement Committee. Mueller was concerned that some residents may allow camping on their properties without asking for approval. Several upcoming meetings were noted and Board members will try to attend if possible. The Clerk noted she had sent a letter of congratulations, on behalf of the Town Board, to Ozaukee High School student, Emily Webb (and her advisor/teacher Mr. Bob Chesney), who won an award from Time Warner Cable; one of only 2 selected from the State and one of over 300 nationwide. Information received from the Ozaukee County Economic Development Committee was shared. The possible decreases in Shared Revenue for ‘03 and ‘04 were provided by the WTA and were noted. These decreases are based on a per capita formula and this is still being discussed. The WTA feels the decreases should be done percentage-wise, rather than per capita, as Towns would tend to lose so much more than cities or villages under this proposal. Stern and Chmn. Mueller attended the Village of Fredonia’s Vision 20/20 Committee meeting and Stern obtained a draft of their plan which she offered to share with those who were interested.

MOTION Leider, second Stern, to approve the claims presented - $105,650.90, checks #8985 through #9020 and Waubeka Street Light Account check #282 in the amount of $444.71; carried.

MOTION to adjourn Janik, second Leider, carried. Meeting adjourned about 9:30 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 13, 2003, 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, 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 February 13th Town Board meeting, along with the February Treasurer’s report, had been provided to all members prior to this meeting for their review. MOTION Doyle, second Stern, to approve minutes; carried. MOTION Doyle, second Leider, to accept the Treasurer’s report; carried.

Chris Luft wanted to know where the Town stood on issues with the Village of Fredonia and felt the Plan Commission or Town Board agenda should include an item for discussion of a border agreement. Luft also felt berms should be discussed and an Ordinance drawn up limiting the height if berms are allowed. Supr. Janik stated that the Ordinance committee had discussed this issue and did not recommend a "berm ordinance". She also wondered what the potential lake, to be dug on the Doerr property, would be zoned as the area it is planned for is presently zoned A-1. She questioned if it would be taxed as farmland. The Clerk noted she lives on a lake and the land under the lake is not taxed, however, land around the lake is taxed much higher than other land. Supr. Stern noted that she and Leider had been to a recent Village meeting and that the Village was not ready to discuss a border agreement just yet. Pat Bialzik wondered if Smart Growth would allow building in wetlands, such as Stageman’s were allowed to do. Bialzik referred to an article in the Ozaukee Press regarding Village annexations and fire dept. issues. She and Luft, in reference to item 8 on this evenings’ agenda, noted they would like their old property record cards if the Town was going to dispose of them. The Clerk noted copies could be provided upon request.

MOTION Doyle, to move to item 6 on the agenda. County representatives present for this agenda item preferred to wait, so Doyle withdrew her motion.

~UPDATE ON FRY-BAKER ORDINANCE VIOLATION

A pole building erected on the Susan Fry-Baker property at W4266 Hwy A, was erected at least 20 feet too close to the road. After the Plan Commission heard this issue, the Building Inspector, by request of the Town Chairman, issued an order to take down and/or move the building. Fry-Baker and her father Chuck Fry were present. They said they had not decided what to do at this time but were weighing their options. They would like permission to leave the building where it is until they would sell the home. An application for a Board of Appeals hearing had been provided to them by the Clerk, but they had not returned it to date. It was noted that the time for an appeal had expired per Town ordinance. Chairman Mueller noted that he spoke to Attorney Edgar and was advised that a variance cannot be granted in this case and it was not an appealable issue. MOTION Mueller that Fry-Baker must move the building or take it down by the end of July, 2003. Fry responded that the Building Inspector was partly responsible as he did not do a site inspection, and other homes and buildings on Hwy A are even closer to the road than theirs is. Mueller noted these other buildings were in existence for a long time and were grandfathered in. Mueller also noted that Derler could not be expected to check the site every day to see if they were ready to erect the building...the permit was taken out in November, 2000, stated that the building was to be 100 feet N of Hwy A, and was technically expired. Derler has stated that he told Chuck Fry to keep this building "in line" with the other one and it would be OK. Fry denies Derler ever told him that. Fry had a "plan" showing where the home and three out-buildings were to be placed on the property and said Derler had a copy of this "plan". Derler had reported that he never had a copy of this "plan". With no further discussion, Doyle seconded Mueller’s motion; motion carried, 4-1, with Stern voting against.

MOTION Stern, second Leider, to move ahead to item 7 on the agenda; carried.

The Clerk stated that applications for bartender’s licenses had been received from Amy Feyereisen, Heidi Kirmse and Derrick Pierog. She noted the results of the background checks and that each applicant had completed the Responsible Beverage Server’s Training course or had an existing license from another Ozaukee County community. MOTION Janik, second Doyle, to issue bartender’s licenses to these three applicants; carried. A Class A beer and liquor license and a cigarette license had been applied for by Diane Dobson, Diane’s This N That, W4035 Hwy Z. Dobson was present and indicated she wanted to start offering more items for sale in her shop, including candy items and ice-cream, and eventually make it similar to the old Maechtle’s General store. MOTION Doyle, second Leider, to issue these licenses; carried.

At this time the board returned to Item 6 on the agenda.

Andy Struck, Paul Roback and Andy Holschbach handed out brochures and gave a "Power-Point" presentation on Ozaukee County’s Comprehensive/Smart Growth Planning Process. They noted that the County was under the same mandate as other municipalities to have such a plan by the year 2010. Grants are available and they noted that multi-jurisdictional plans had the best chance of receiving these grants. November ‘04 will be the next chance to apply. County Supervisor Don Dohrwardt joined the above representatives in discussion and to answer many questions from Board members and residents. Everyone agreed that this was not an attempt by the County to override the individual communities planning processes, but rather was to be a joint effort in which each communities’ plans would be incorporated into the County’s plans.

The Clerk spoke to Mike Grota and was informed that the records being discussed were not as old as the ones that are currently stored in the Town office. The records Grota wants the Town to store or dispose of date back to the early 80's whereas the ones we have in the office now are from the 60's to the late 70's. The latest records are now computerized and on disk. Information from these records is transferred to the assessment roll, which is updated every year, and kept on file in the Town office. Doyle noted that State Statutes require the Town to have an Ordinance regarding the length of time these records should be held. Since we do not have such an Ordinance at this time, MOTION Mueller, second Stern, to have Grota bring the records to the Town office for storage; carried. The Clerk noted copies can be made for anyone that wants them.

Allen Neumann, Village of Fredonia’s Director of Public Works, was present to explain why the Village felt a 45 mile per hour speed limit was best for Meadowlark Road. A letter to the Board from the Village, indicated that they believed, per State Statute, anything lower than that would require a traffic investigation and engineering study. Neumann indicated that the Town of Saukville agreed to changing the limit to 45 mph. After discussion, MOTION Leider, second Doyle, to lower the speed limit on Meadowlark Road, from Hwy 57 west to Blueberry Road, from the current 55 mph to 45 mph for now; motion carried. An Ordinance will be drafted for the next Board meeting.

Harry Michaels, Jr., Recycling Center Supervisor, requested permission to purchase "saran wrap" for wrapping around the bales of plastic to help hold them together. Members agreed to this purchase. Michaels also would like to have the tires hauled away and, if possible, the bales of plastic and cardboard; the ash container will be brought in next month. Sauer will check on prices and getting these items removed. Due to potential cuts in Shared Revenue fees may have to be increased for garbage bags, etc. Mueller suggested waiting until we find out exactly how much we are going to lose before discussing rate changes, as this will not affect this years’ budget.

REVIEW ‘02 FINANCIAL REPORT AND FINAL ‘02 BUDGET FIGURES

Copies of the ‘02 financial report and final ‘02 budget figures were provided to all Board members by the Clerk for their review. Financial reports will be printed for distribution at the upcoming election and Annual Town meeting. Board members approved the report as presented.

Mueller noted he had received a complaint of unlicenced cars on the roadway on Clearview Drive. He will look into the matter and put it on the next agenda if need be. A bridge report was forwarded from the County indicating that the bridge on Riverside Road needed some repair work. Mueller will speak to the Chairman of the Town of Farmington as to how we should proceed; repair costs on this boundary road are shared. Statistics were received from the Northern Ozaukee Ambulance regarding their activities for the year 2002. Several meeting invitations were noted as were advertising letters received.

MOTION Doyle, second Leider, to approve the claims presented - $37,210.49, checks #8957 through #8984 and Waubeka Street Light Account check #281 in the amount of $443.76; carried.

MOTION to adjourn Doyle, second Mueller, carried. Meeting adjourned about 10:30 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 13, 2003, 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, 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 January 9^th Public Hearing and the January 9^th and January 29^th Town Board meetings, along with the January 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 Doyle, second Stern, to accept the Treasurer’s report; carried.

Hank Nask and Chuck Fry questioned the Board’s procedures and decision regarding the issuance of a bartender’s license to Jeffrey Braeger last month. Chairman Mueller asked Chuck Fry what was happening regarding the setback violations and the order to move the pole building on his daughter’s property; Fry said they are still checking on things.

Wade Auer could not be present, so he asked the Clerk to read a letter from the Waubeka Fire Department to the Town Board and Townspeople, regarding their award of a $46,094 Federal Emergency Management Agency grant, which will be used to purchase a complete Thermal Imaging Camera package and provide for training materials and classes. This grant is in addition to the $44,100 grant they received last year which was used for the installation of dry hydrants, 1000 feet of large diameter hose, and a 3000 gal. portable tank. The Department is planning to submit an application for a grant for the year 2003 as well. The letter also outlined the mission of the Department and their dedication to serving the community.

Pat Birenbaum was present to explain the guidelines for the T-Baum Foundation grants which are now available to residents of the Town. The T-Baum Foundation grants wishes to adults who have a life threatening illness, much as the make a Wish Foundation does for children. He noted that the Foundation had granted their first "wish"; residents, of the communities in Northern Ozaukee and Southern Sheboygan Counties which have reached their contribution goal, are eligible to participate in the program. Fundraisers are held throughout the area at various times and places during the year and he asked that residents contribute to this worthy cause.

Derler reported one new home permit had been taken out for N5345 Loraine Ct. by Hames, who is building it as a "spec" home.

Chairman Mueller read Resolution 2003-1, an addition/amendment to Resolution 2002-3, regarding the Length of Service Award Program. Copies of the Resolution are on file. MOTION Doyle, second Leider, to approve; carried.

Michael Winker, N6868 Jolly Lane, owns a 160 acre parcel in Section 9, south of Jay Road and west of Clover Valley Road, zoned A-1 and C-1. He requested splitting off 73.17 acres to be sold to the DNR for use as a wetland restoration and wildlife habitat site. The Plan Commission unanimously recommended the Board’s approval of the preliminary CSM as presented. Tom Isaac of the DNR was present along with Mike Winker. Stern asked whether there will be a problem with water run-off to neighboring properties due to the statement that the DNR planned to re-do the ditches. Isaac explained that after the ditches are re-contoured to be wider and shallower, there will not be any water backing up on adjoining land, and the water which usually ran over the roadway would now be eliminated as well. Stern asked if Winker planned to split off more of the A-1 land; Winker noted he did not as he planned to stay in the farming business. Payment of taxes by the DNR, as a payment in lieu of taxes, was explained again, and Isaac stated he could have a representative of the DNR who has more expertise on this issue, attend a Board meeting in the future to give a more detailed explanation if the Board requested it. Janik questioned the funding for this purchase and if it was a part of the North Branch Milwaukee River... program. Isaac said the land was within the boundaries of that program, but fundng for this purchase was coming from other programs such as the Wisconsin Coastal Grant, the Land Trust, and other grants. Doyle questioned why the land division couldn’t have a straighter dividing line. Isaac and Winker stated it was done this way to avoid losing farmland. The parcel, when owned by the DNR, will be posted. MOTION Doyle, second Leider, to approve the preliminary CSM as presented, with the final CSM to be signed later providing it did not differ from the preliminary one; motion carried 4-1 with Stern against.

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Walter Froemming applied for a bartender’s license to work at Little Kohler Haus. The clerk noted the results of the background check, and that the license fee had not been paid to date, nor had he supplied a copy of his existing bartender’s licenses and/or proof of the Responsible Beverage Server’s Training course. MOTION Mueller, second Janik, to approve the issuance of a license pending payment and copies of the necessary papers; carried.

Grota Appraisals had sent a letter to the Town asking what they should do with the old property record cards they have in their dead file storage area. They offered several options, but did not indicate the date of these records. Board members requested the Clerk contact Grota for more info and place this item on the next agenda for a decision.

Certified letters had been sent to the two taxpayers who have delinquent 2000 and/or 2001 personal property tax bills. No response had been received to date. Board members noted the collection of delinquent PP taxes was discussed at the recent WTA meeting they attended and the suggestion was to use Small Claims Court. MOTION Leider, second Stern, to proceed to Small Claims Court for collection of these delinquent taxes, following the WTA guidelines; carried.

Notices for various meetings had been received. Board members will attend if possible. It was suggested that the Waubeka Fire Dept. be requested to send two members to the two day meeting on Emergency Government, which will be held in Appleton, and that the Town would pay the fees, hotel, and mileage. Doyle and Stern had attended the last LOGIN meeting and reported on the discussion of conservation subdivisions.

MOTION Leider, second Doyle, to approve the claims presented - $513,276.36, checks #8928 through #8956 (which included $491,387.63 for February tax settlements and $21,888.73 in other monthly vouchers) and Waubeka Street Light Account check #280 in the amount of $443.76; carried.

MOTION to adjourn Janik, second Leider, 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 Monday evening, January 27, 2003, in the Waubeka Firehouse meeting room, W4114 River St., with Chmn. Mueller calling the meeting to order at approximately 7:10 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.

MOTION Stern, second Mueller, to move item number 4 ahead of item 3 on the agenda; carried.

The Clerk noted the results of the background check and that Stern had completed the Responsible Beverage Server’s Training course. MOTION Doyle, second Janik, to approve issuing a bartender’s license to Janelle Stern; carried.

Anne Whiting of PaineWebber was present along with WFD Pres. Ryan Bublitz, Assistant Fire Chief Jamey Behrens, and WFD members Robert Behrens, Tom Bublitz, and Bob Lederer. Anne explained and provided various forms which need to be completed. She presented a moderately conservative portfolio for consideration, called PACE Select Advisors Portfolio. Two to four contact persons are required to sign the "Corporate Resolutions" and form a committee to manage the fund. The Board felt two representatives should be Town Officers and two representatives from the WFD. All four signatures should be required on any documents, and any committee decisions should be made by at least a 3-1 vote of the four members and approval of the Town Board. After discussing portfolio options, MOTION Mueller, second Janik, to accept Whiting’s advice and proceed with the PACE Select Advisor’s Portfolio; motion carried. MOTION Leider, second Stern to approve Ryan Bublitz, Jamey Behrens, Ellie Doyle and Carol Mueller, as the four members of the committee; motion carried.

The Town’s Resolution should be amended, or a new Resolution drawn up, to include: the Town Board’s approval of the four committee members, all four members’ signatures required on all documents, a majority vote of the committee members to make any changes to the portfolio, etc., and with the final approval of the Town Board.

Some changes were suggested at this time, but all present agreed to go with the portfolio as presented and review the quarterly report when it is received; changes could then be made at that point. The members of the WFD who were present were in agreement with all of the above.

The Road Maintenance Contract with Ozaukee County for the years 2003-2004 was reviewed. Services to be provided either automatically, as directed, or not at all, were determined. A copy of the contract was to be returned to the County by the end of January. The contract was approved by the Board members and a copy will be on file in the Town Office.

The County’s Long Range Plan meeting was attended by Stern and Chmn. Mueller and this was discussed briefly. With no other reports, updates, or correspondence presented, MOTION Janik, second Leider to adjourn; motion carried, meeting adjourned at 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, January 9, 2003, in the Waubeka Firehouse meeting room, W4114 River St., with Chmn. Mueller calling the meeting to order at approximately 7:50 p.m. following the two (2) 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 December 10^th, December 12th, December 18^th, and December 28^th Town Board meetings and the four December 12^th Public Hearings, as well as the December Treasurer’s report, had been provided to all members prior to this meeting for their review. MOTION Doyle, second Janik to approve the December 10^th minutes; carried. MOTION Doyle, second Stern, to approve the four Public Hearings and the Town Board minutes of December 12^th; carried. MOTION Leider, second Doyle to approve the December 18^th and December 28^th minutes; carried. MOTION Doyle, second Janik, to accept the Treasurer’s report; carried.

Hank Nask asked about the Town’s lease with the Waubeka Fire Dept. Mueller noted it will be renewed for two years at a cost of $3000 per year. The current lease ends November 10, 2003.

Derler reported the total for the year 2002 remained at 8 new homes. He has one new home permit on his desk for January 2003, to date.

Chairman Mueller read the Ordinance which was the subject of the first Public Hearing held earlier this evening. Conditional Uses in the A-2 zoning district will now include "farm service businesses which do not include merchandise sales and are not detrimental to the enjoyment of adjoining property". The Plan Commission, on Sept. 5^th had recommended the Board’s approval of this change. MOTION Stern, second Leider, to adopt Ordinance 1-2003 as read; carried 5-0.

Chairman Mueller read the Conditional Use Permit which was the subject of the second Public Hearing held earlier this evening. Stern questioned why employees were not allowed. Bobholz noted he would have liked the permit to include employees, but, because the building is not a commercial building, the Plan Commission said it was not allowed. Janik noted the Plan Commission had labored over this permit for several months and at this time it was the best they could offer. Doyle felt Bobholz could negotiate these terms in the future if necessary; Janik agreed. MOTION Doyle, second Stern, to approve the conditional use permit as read; carried 5-0. The Clerk will take the permit to the Register of Deeds office for recording and will then provide Bobholz with a registered copy; Bobholz still needs to pay the attorney’s fee for drafting the permit, and the fees for recording same. The Clerk will advise him of the amount to be paid.

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Jeffrey Brager had applied for a bartender’s license last month which was denied by the Board. Donna Paape, the owner of Runnaways Tavern where Brager was to work, asked the Board to reconsider his application. Both Paape and Brager were in attendance and presented a letter to the Board explaining the reasons why they felt this license should be granted. After reading the letter, MOTION Doyle, second Janik, to approve the reconsidered application and grant a bartender’s license to Jeffrey Brager; carried 4-1, with Stern opposed.

John Blasczyk, N5778 Cedar Valley Road, has two parcels of land that were assessed as residential. He claimed that portions of these parcels have been and were being farmed, and should have been assessed under the "use value" provisions. The Clerk had researched this issue during the last few days by speaking to the assessor, the County Treasurer and Doug Milius, Supervisor of Equalization for this area. The consensus was that if the Board accepted Blasczyk’s claim, they could agree to proceed under St. St. 70.43 or 74.37; Blasczyk should have brought this issue to the Board of Review, but it was now a Town Board decision. Grota Appraisals did a reassessment last week and noted what the assessment would have been if certain acres are or were being tilled in 2002. Blasczyk presented a letter, signed by Mark Schlenvogt who farmed the acres in question, certifying that he had planted these acres in 2001 and 2002. The Clerk provided Blasczyk and the Board with copies of papers received from Grota and the Statutes. After discussion, all members agreed an error was made; MOTION Stern, second Leider, to accept Blasczyk’s claim and proceed under St. St. 70.43 (Correction of errors by assessors); carried 5-0. The Clerk will contact Grota as to how to proceed. Blasczyk must pay the tax bills he received for ‘02 and he agreed with this procedure. Corrections will be made to next year’s assessment to reflect the error.

The Clerk has sent numerous statements and made several phone calls in an attempt to collect delinquent personal property taxes from two taxpayers. While the amount is not a lot, it would set a negative precedent if these taxes were not collected. Following discussion, Board members recommended that the Clerk send a certified letter advising these two taxpayers that if the delinquent taxes are not paid by February 12, 2003, the Board will proceed to take action in Small Claims Court and fees for this action will be added to the taxes due.

Bob Behrens presented the forms for the 30 members who were eligible for a LOSA contribution for ‘02. The contribution and the balance of the paperwork must be completed before January 31^st. The WFD has formed a committee to discuss investment options and they would like some Town Board members to participate in the discussion. Doyle felt the entire Town Board should be involved as it is Town funds that are being invested. Jamey Behrens will set up a date for a meeting with a representative of Paine-Webber, members of the WFD committee and the Town Board, and will advise us of the date so the meeting can be posted.. Jamey Behrens said the total to be sent to Penflex/Paine-Webber was $13,884.83. MOTION Leider, second Doyle, to approve a check for this amount to be paid before the end of January; carried.

The franchise agreement was reviewed for a possible Capital Contribution payment to be made to the Town. The Clerk spoke to Celeste at TWC and found that this payment is separate from the franchise fee and is not something we were eligible for at this time, unless we wanted to invest in equipment to broadcast meetings over cable, etc.

The list of duplexes/multifamily dwellings in the Town which was provided by the assessor following the ‘02 revaluation was reviewed. All of the owners of these dwellings were sent a letter in September ‘02. Responses were noted by the Clerk. The ones who did not respond were noted and according to the Chairman and/or residents present, all were in existence prior to the town’s zoning Ordinances and would qualify to be "grandfathered". A copy of the list will be provided to the Waubeka Fire Dept. for their info; the list will remain on file along with the responses received and the comments from tonight’s meeting.

Richard Mueller, N7081 Hwy 57, presented two CSM’s creating two lots on Mueller-Hiller Road. The area was split off of his larger parcel in Section 2, and rezoned to R-2, last year. One lot is 1.99 acres and the other 1.98 acres. Soil and site evaluations indicated both qualified for a mound system. The Plan Commission recommended approval of the land division and CSM’s. MOTION Janik, second Doyle, to approve the land division and CSM as presented; carried 4-0, with Mueller abstaining.

The Clerk reported that, per Doyle’s request, she had sent another letter to the County Highway Committee asking for their consideration in upgrading Hwy H in the Town; a copy of the last letter sent on April 12, 2001 was attached. A WTA District meeting will be held on Feb. 8^th in West Bend. Four Board members indicated they would attend; Janik will decide as soon as he can check his calendar. An Urban Town’s Ass’n. meeting will be held in Fond du Lac on January 18^th; Mueller indicated he would plan to attend. Information received from the County regarding their Comprehensive Planning Process was reviewed. They would like a representative from each local unit of government to join their Citizen Advisory Committee. They will keep all units of government informed of their progress by sending copies of the minutes of their meetings, through the LOGIN meetings, and on the County’s website. Their first public informational meeting will be held on January 14^th. The Village has not responded to date as to whether they will approve a 35 mph speed limit on Meadowlark Rd.

MOTION Stern, second Doyle, to approve the claims presented - $1,017,452.37, checks #8902 through #8927 (which included $1,010,114.00 in January tax settlements and $7338.37 in usual monthly vouchers) and Waubeka Street Light Account check #279 in the amount of $443.76; carried. Also approved were checks to be sent in for the above noted meetings and the LOSA funds.

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

_________________________ Carol A. Mueller, Town Clerk

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Two (2) Public Hearings were held on Thursday, January 9, 2003, 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 as required per Town Ordinance.

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

NOTICE IS HEREBY GIVEN that the Town Board of the Town of Fredonia will hold a Public Hearing on January 9, 2003 at 7:30 p.m. at the Town Hall, W4114 River Rd., for the purpose of amending Sec. 3.04, A-2 Agricultural/Rural Residential District, of the Town Zoning Ordinance to add the following conditional use: Farm service businesses which do not include merchandise sales and are not detrimental to the enjoyment of adjoining property. All interested persons, their agents and attorneys will be heard.

The Chairman asked for public comments. Hank Nask asked what farm services were being added and what conditional uses were allowed currently under the A-2 Ordinance. Janik read the list and noted that each would need to be considered individually, and a Public Hearing would be held, before any conditional use is permitted.

The Chairman asked twice again for comments and with there being none, MOTION Janik, second Leider to close this Public Hearing; carried.

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

NOTICE IS HEREBY GIVEN that the Town Board of the Town of Fredonia will hold a Public Hearing on January 9, 2003 at 7:45 p.m. at the Town Hall, W4114 River Rd., for the purpose of considering the granting of a conditional use permit to Jeff Bobholz, 1111 E. Kilbourn Ave., West Bend, to permit the repair of farm vehicles, machinery and equipment at N7000 Camp Awana Rd., Fredonia. All interested persons, their agents and attorneys will be heard.

The Chairman asked several times for comments from the public, and there were none. MOTION Stern, second Leider to close this Public Hearing; carried.

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Carol A. Mueller, Town Clerk

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