Board members present: Bill Hamm, Don Dohrwardt, Chris Kunstmann, Bruce Laabs, Larry Palm, Joe Short, and Larry Waskiewicz. Staff members present: Director of Public Works Allen Neumann, Village Marshal Mike Davel, Deputy Marshal Eric Leet, and Clerk-Treasurer Jo Ann Wagner. Also present: Mike Grota. Arriving later: Gary Buntrock.

The public hearing on the proposed rezoning of 121 Wisconsin Street from Rd-2 (Two-Family) to Rs-3 (Single Family Residential) was called to order at 7:04 p.m. No comments were received.

The public hearing was closed and the regular village board meeting was called to order at 7:05 p.m. by President Hamm.

A MOTION was made by Waskiewicz, seconded by Palm to approve the September 15, 2005, village board minutes. Short was concerned about the Open Session minutes on the first page regarding the purchases to be made by the fire department. He felt this should have been added to the agenda. Hamm stated that village ordinance states that the village gives the fire department a certain amount of money to operate. They are not going over that amount so it was information provided to the board. Short still felt it should have been on the agenda. Motion carried to approve the minutes.

The General Fund, Water and Sewer bills were approved for payment as presented on a MOTION by Waskiewicz, seconded by Short, and carried with Dohrwardt abstaining.

An operator’s license for Joshua Hoffman was approved on a MOTION by Short, seconded by Waskiewicz, and carried unanimously.

A special gathering beer license was approved for Rosemary Home and School Association for October 15, 2005, on a MOTION by Short, seconded by Dohrwardt, and carried with Hamm abstaining.

A MOTION was made by Waskiewicz, seconded by Dohrwardt, to approve the rezoning of 121 Wisconsin Street from Rd-2 to Rs-3. Section 13-1-36 of village ordinance states that the village will not create any additional Rs-3 districts. Discussion followed:

Motion carried to approve the rezoning with Short opposed.

Ordinance No. 2005-12 rezoning 121 Wisconsin Street from Rd-2 (two-family residential) to Rs-3 (single family residential) was adopted on a MOTION by Dohrwardt, seconded by Waskiewicz, and carried with Short opposed.

The agreement with McMahon Associates to create a new Facility Plan for the Fredonia Wastewater Treatment Plant at a cost not to exceed $25,000 was approved on a MOTION by Short, seconded by Palm, and carried unanimously.

A reduction of $129,003.95 in the amount of the letter of credit for the Stoney Creek Meadow Subdivision was approved on a MOTION by Short, seconded by Dohrwardt, and carried.

Marshal Davel presented information on joining the Mid-Moraine Municipal Court. Benefits to the village include:

The village needs to take several steps to join the Mid-Moraine Municipal court system.

A portion of the bond cost is held by the court to cover operating costs. Population and number of citations will determine final cost to village each year. Operating costs should be covered by revenue generated. The Marshal’s office does the bulk of the work. The village attorney may need to represent the village if a case goes to trial. The village attorney also does pre-trial conferences – same as with the current court system. Citations issued by Ozaukee County Sheriff’s Department still go through the county court system, as well as any criminal citations. A MOTION was made by Waskiewicz, seconded by Kunstmann, to explore entering the Mid-Moraine Municipal Court system by sending them a letter requesting more information on costs and a time frame for joining. Motion carried. This letter will be sent by the village marshal.

A MOTION was made by Short, seconded by Palm, to approve attendance by the Village Marshal at the January 17 – 19, 2006 Police Management Training Conference, with the registration fee of $200 paid by the village. Davel will pay for lodging and mileage as he is taking his family with him. However, he will be "on the clock" while he is attending the conference. Motion carried.

A MOTION was made by Dohrwardt, seconded by Short, to remove the assessor contract for 2006 from the table. Motion carried. Mike Grota stated that with the growth in many communities, and the village recently annexing two large parcels, a change was made to the contract to charge $60 per improved parcel for any parcel over 25. This keeps the base price reasonable, yet compensates the assessor when additional services are provided. Over the last four years the village has averaged 21 houses per year. After discussion on costs, Grota acquiesced to a charge of $50 per improved parcel for parcels 25 to 50, and $60 per parcel for anything over 50. He noted that commercial properties involve significantly more work. Some communities have started charging an assessors fee with new building permits. Grota stated that the base price for assessment services also includes personal property, land divisions, decks, sheds, additions to buildings, mailing notices, inspections, Open Book, Board of Review, along with other assessor duties. Hamm expressed concern over the snafu last year with reporting of the tax incremental district values. Grota stated that he is trying to figure out what happened. He agreed that what he reported in 2004 was less than actual, although this will be corrected in 2005. Grota stated that he is willing to shoulder the responsibility and has offered to send a letter with the tax bills explaining the situation. A MOTION was made by Dohrwardt, seconded by Laabs, to postpone action on the assessors contract until a future meeting when additional information is available. Motion carried. A MOTION was made by Hamm, seconded by Waskiewicz, to have the Clerk-Treasurer contact some other assessors to obtain additional proposals. Motion carried.

A MOTION was made by Short, seconded by Kunstmann, to remove the report on the August 31, 2005 Public Works Committee from the table. Motion carried. Short reported that the committee reviewed capital expenses proposed for 2006 and forwarded their recommendations to the Finance Committee. Changes were also recommended to the long-range plans for equipment and streets.

Hamm reported that the Finance Committee reviewed the budget requests presented to them. Some changes were made. After making these changes, additional adjustments of $841,123 are still needed to remain within the levy limits set by the state. A levy limit of $688,350 is allowed because of an increase in our debt limit for 2006. However, this will result in a mil rate of $6.899 per thousand of assessed value; a $1.386467 increase from last year. If the total allowed levy limit is not used this year, it is lost to the village for future years. Many road projects and equipment purchases have been postponed in the past and need to be completed. The levy limit has been kept low in the past. Compounding the problem is the error in reporting the tax incremental district numbers to the state. The additional amount, which should have been collected with taxes last year, needs to be collected this year. This will increase the tax rate by abuot $ .46 per thousand of assessed value. After more discussion, the majority of board members felt they had no option but to increase the tax rate to accomplish the needed projects within the village.

Kunstmann noted that the fire department budget for 2005 needs to be discussed at a future meeting. This will be added to the next agenda.

CERTIFIED SURVEY MAP / 403 HICKORY DRIVE: The certified survey map for 403 Hickory Drive separating .2801 acres from 403 Hickory Drive for road purposes and combining Outlot 1 of Emerald Hills Estate with the remainder of the property at 403 Hickory Drive was reviewed. The property at 403 Hickory Drive will be 5.0130 acres. The CSM has been recommended for approval by the Plan Commission. A MOTION was made by Dohrwardt, seconded by Waskiewicz, to approve the CSM as presented. Motion carried unanimously.

COMPREHENSIVE PLAN: The Plan Commission also reviewed the comprehensive plan and will discuss possible changes at the next Plan Commission meeting. One area to be addressed is the proposed land use of the village property north of Wenzel Avenue. It is currently proposed for park use in the future; however, the village may want to change it to residential use.

JOB DUTIES AND RESPONSIBILITIES: Hamm stated that the Plan Commission’s responsibility is to follow state law and village ordinance. Duties and responsibilities have been listed and will be reviewed at their next meeting.

Neumann reported that various items (including a lawn mower and various bikes) have been taken to the municipal auction. The binder course is complete in the Stoney Creek Subdivision although some storm sewer work is needed on the north end. The area should soon be seeded and mulched. Two hydrants need an extension.

Renewal of health insurance was postponed until the next meeting on a MOTION by Short, seconded by Dohrwardt, and carried.

The Mid-Moraine Municipal Association legislative meeting will be held October 12, 2005. Their next dinner meeting is October 19, 2005.

Correspondence received and reviewed include:

Correspondence received regarding operation of ambulance at school functions was referred to the Public Safety Committee on a MOTION by Hamm, seconded by Waskiewicz, and carried.

Per Wisconsin Statutes 19.85 (1)(f) and (g) the village board convened into closed session to discuss medical information and possible litigation on a MOTION by Waskiewicz, seconded by Short, and carried unanimously with a roll call vote.

A MOTION was made by Short, seconded by Waskiewicz, to adjourn closed session and reconvene into open session. Motion carried unanimously with a roll call vote.

A MOTION was made by Waskiewicz, seconded by Kunstmann, to proceed with the letters as discussed in closed session. Motion carried unanimously.

The meeting adjourned at 9:45 p.m. on a MOTION by Waskiewicz, seconded by Kunstmann, and carried unanimously.