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November 9, 2005 BOARD OF SUPERVISORS MEETING

TOWN OF GRAFTON
BOARD OF SUPERVISORS MEETING
November 9th, 2005
Official Minutes
I. CALL TO ORDER
A. Chairman Bartel called the meeting to order at 7:00 P.M.
B. Pledge to the Flag
C. Present:
Chairman Lester A. Bartel, Jr.
Supervisor Bill Grunwald
Supervisor Paul Helms
Supervisor Nancy Rogers
Town Clerk Wendy Weeks
Administrative Assistant Lila Schwan
Treasurer Jan Strachota
Town Engineer Kevin Kimmes

D. Absent: Supervisor, Tim Kaul.
II. ASSURANCE OF PROPER NOTICE
Town Clerk Wendy Weeks assured the meeting that the Agenda was properly noticed.
Town Chairman Lester Bartel called the meeting to order at 7:07 pm.
III. REVIEW & APPROVE MINUTES
A. ACTION: Supervisor Rogers amended the minutes from the September 14th, 2005 Board of
Supervisors Meeting section VI-Old Business, item C –Meeting Lodging Reimbursement ,
from “one night overnight” to “one nights lodging for a two day meeting” Supervisor Paul
Helms motioned to accept the September minutes as amended. Supervisor Grunwald
seconded. Motion carried unanimously.

IV. OLD BUSINESS
A. Public Participation Plan Adoption
1. Town Engineer Kevin Kimmes reported this is the standard plan provided by
Ozaukee County and it does call out for the following:.
a. Written comments may be submitted to the Town Board or Plan Commission.
b. The plan must be available at the Town Hall.
c. The information must be posted on the Town’s Web site
d. The information will be included in the Town’s newsletter.
e. The Town will encourage use-participation into the plan.
f. The Town will provide written notice of any hearings regarding mining for non-
metallic operations.
g. The Town will put together a Comprehensive Planning Advisory Committee.
h. The Planning Commission will review and recommend on this issue.
i. The Town will participate in the Ozaukee County Public Opinion Survey.
2. Mr. Kimmes further stated that Section III, Public Participation Sessions, falls right in
line with PDI’s proposal and contract. The Plan Commission will make
recommendation to the Board, and there will be a Public Hearing. The standard
appendices attached to the plan includes statute requirements, and time schedules.
3. Mr. Kimmes stated the Town does not have to adopt this exact plan, but some sort of
a plan to comply with Smart Growth. Certain words, lines, and sections can be
struck before adoption.
4. Chairman Bartel requested the Town Engineer to strike and amend the appropriate
verbiage on behalf of the Town’s interests.
Grafton Town Board Minutes November 9th , 2005 Page 2 of 6

5. ACTION: Supervisor Helms motioned to table this matter until staff reviews and
amends the document to make it more applicable to the Town’s activities and
participation. Supervisor Rogers seconded. Motion passed 4-0.
B. Home Occupations in Accessory Structures in the Agricultural Zoning Districts
1. Town Engineer reported this has been recommended for approval by the Plan
Commission. The current revision includes the number of structures (116) that this
would effect. PDI is also recommending approval.
2. ACTION: Supervisor Helms made a motion to adopt the Home Occupations in
Accessory Structures in the Agricultural Zoning Districts amendment to the
Town of Grafton Zoning Code. Supervisor Rogers seconded. Motion carried
4-0.
V. NEW BUSINESS
A. Arrowhead Estates Final Plat
1. Town Engineer Kevin Kimmes reported that there are no punch list items to
complete, the construction plan and plat are in order, and is recommending approval
subject to payment of all fees, posting the letter of credit, and signing the developers
agreement
2. ACTION: Supervisor Rogers motioned to approve subject to the applicant
having a signed developer’ agreement, posting the appropriate letter of credit,
and payment of all fees. Supervisor Helms seconded.
3. Supervisor Helms requested that a natural buffer area be included as a deed
restrictions to lots #7, 8, 9, 10, & 11 to address the concerns of residents along
Kaulette Drive. These deed restrictions will be recorded on the Homeowner’s
Association Deed, with a copy being submitted to the Town. The Town Engineer will
review the deeds before signing the final plat.
4. ACTION: Supervisor Helms motioned to amend the aforesaid motion to
include the requirement that Town staff review verbiage of appropriate deed
restrictions to protect an acceptable buffer area on lots # 6, 7, 8, 9, 10, & 11.
Supervisor Rogers seconded. Motion carried 4-0.
5. ACTION: Chairman Bartel called the question on the first motion as amended.
Motion carried 4-0.
B. David Barrow-Barrow Medical Foundation Donation-
1. Chairman Bartel reported that Mr. Barrow, from the generosity of his family’s
foundation, made a donation to the Town in the amount of $2000.00 to cover the
purchase of an LCD projector and related necessary equipment.
2. Chairman Bartel commended Mr. Barrow for his thoughtful consideration in his
donation, allowing the Town to present visual aids at Town meetings.
C. Salary Review Committee Procedure Document.
1. Supervisor Grunwald reported that there had been no procedure documented prior to
3 or 4 years ago. This procedure document was written by Supervisor Grunwald,
and reviewed by the Board with revisions made, but was not designated as the final,
revised copy.
2. Chairman Bartel stated that this document can be formally adopted as part of policy
& procedures, but the every two year cycle will be revisited at the Annual Meeting.
3. ACTION: Supervisor Helms motioned to adopt the Salary Review Committee
Procedure Document into the Town’s Policy & Procedures. Supervisor
Grunwald seconded. Motion carried 4-0.
Grafton Town Board Minutes November 9th , 2005 Page 3 of 6

D. Waste & Recycling Hauling Contract-
1. Chairman Bartel clarified that this matter is not a formal bidding process. We did
request an estimate from Waste Management because Onyx had presented the
Town with a contact extension offer. Mr. Bartel further stated that the Town does
have 1 year and 2 months remaining on the current contract.
2. Mr Dennis Fechter of Onyx reported that the original agreement was 5 years,
amended to 3 years because the Town had no experience with Onyx. The extension
would not have a problem with some people using the carts, and some not using the
carts. Onyx would supply the carts with a 10 year extension. Right now the carts are
offered to residents at very close to cost, and residents do not have to buy from
Onyx. The carts are also available at Target and Home Depot. Onyx will simply
provide the option for residents to purchase them.
3. Supervisor Helms clarified that carts are not mandatory.
4. Chairman Bartel felt that a 10 year extension would be a bit long, but 5 years is
reasonable.
5. Mr. Fechter stated that Onyx will wave the fuel surcharge for the 5 year extension.
6. Mr. Larry Schepp of Waste Management stated that Waste Management’s proposal
included the 96 gallon carts, and the 64 gallon recycle cart for each residence. He
further stated that Onyx’s waving the fuel surcharge is a plus.
7. ACTION: Supervisor Nancy Rogers made a motion to extend an additional 5
years to Onyx under the terms purposed by Mr. Dennis Fechter who will draw
up the extension and return for final approval. Supervisor Helms seconded.
Motion carried 4-0.
E. Operators License
1. Town Clerk Wendy Weeks reported that applicant Deborah L. Colavita does hold a
current license in the City of Milwaukee, and has paid all fees.
2. ACTION: Supervisor Helms motioned to approve granting an operator’s
license to Deborah L. Colavita of Juice’s Ghost Town. Supervisor Rogers
seconded. Motion passed 4-0.
F. Town Code Review-
1. Section 7.07, Lot Line Adjustments, & Requirements for Land Divisions with Public
Improvements. Town Engineer Kevin Kimmes reported that staff is awaiting legal
staff’s review on the proposed changes, and requested that no action be taken at this
time.
a. Mr. Kimmes stated that Engineering is doing a thorough review of section
7.07, whether or not existing substandard lots can be built on.
b. Town Engineer reported that the lot line adjustment matter stemmed from the
John Hazelwood application, and now has language that can be added to
section 2.01(c) of the Town Code, which states,” a copy of a deed’s records in
connection with a sale or an exchange of land, shall be provided to the Town
for their records. This is allowed by state code.
c. Mr. Kimmes reported that the requirements for land divisions with public
improvements came from the Solvay application which had two parcels, side
by side. Applicants wanted to divide the parcels into 4 lots each with two
CSMs. Engineering wants to see all stormwater management ponds, added
hardcover, entrances, and traffic impacts included in the development,
thought of as one. Therefore, when public improvements have to be made to
address the overall impact, this would be an instrument to use. The Town Plat
process includes a preliminary and final plat, letter of credit, and developer’s
agreement.
Grafton Town Board Minutes November 9th , 2005 Page 4 of 6

d. Chairman Bartel stated that any combination/division of land that has public
improvements across them would have to be a plat.
e. Mr. Kimmes requested that the Supervisors study the concept while legal staff
reviews it.
f. Supervisor Helms spoke regarding Section 7.07 and the lot issues on the
corner of Lakefield Road including the Janich property. The easement that
the property owners use for access was never reserved for the Town.
g. Chairman Bartel stated that if all three lots get built on, if it gets sold and
divided, as part of the land division we will have the right to require, because
there never was a driveway permit taken out, that access to those lots use the
easement , so someone would have to clear it, and pave it.
h. Chairman Bartel further stated that lots in that area may not have a building
site, but are getting assessed for a building site. It is the owner’s job to
determine that by hiring someone to measure the site. If the site has no
building site, it would reduce their assessment.
i. Supervisor Helms questioned the private drive that goes through the 3 acre
lot, what about setbacks and heights.
j. Chairman Bartel stated that property would have to get a culvert permit to exit
off of Lakefield Road.
k. Chairman Bartel stated that as part of the adoption of a CSM, the Town would
be able to review the site, because the existing driveway is allegedly causing
flooding, and needs review to ensure that an easement is in place.
l. Supervisor Helms stated that these properties were formed in the 1920’s.
The driveway was preexisting the creation of Lake Bluff Lane. The driveway
is also too close to the lot line, the setbacks are not correct.
m. Town Engineer Kevin Kimmes stated that some of this is a civil matter.
n. Chairman Bartel stated that 7.07 is a town policy issue, and legal and
engineering feel it is adequate, and at the Plan Commission level the feeling is
that the town approves all new land divisions, and there are a lot of pre-
existing, non-conforming lots, buildings, and uses in the town, and to render
them un-saleable, or unusable, by the creation of a new code, constitutes a
public taking. Taxes have been paid on these legal lots for many years which
can’t be recouped. This will preserve the right of people and protect the public
interest.
o. Supervisor Helms stated that the lake has taken land away from these
property owners.
p. Town Chairman stated this issue will go back to the Plan Commission one
more time for clarity. He further stated that the driveway issue at the end of
Lakefield is a civil issue, and the Town can’t remedy everything.

G. Brian Behrens-Lease Agreement-
1. Mr. Behrens proposed to freeze the rent for 2006 at the 2005 rate in exchange for a
longer term lease. He asked to Board to consider a 5 year lease. The 2007 rate
would increase by $100.00 to $2375.00 per month, and each year after by $50.00.
In 2008, the rent would be $2425.00, and 2009 would be $2475.00.
2. Mr Behrens reported that the average square foot price for downtown Grafton
business property is $10.00, and today, at $2275.00, the Town’s cost per square foot
is $9.13, and by the end of the five year period, it will be $9.93.
Grafton Town Board Minutes November 9th , 2005 Page 5 of 6

3. Mr. Behrens stated the termination paragraph reads,” both parties have the right to
terminate the lease by written notice giving a one year notice after the
commencement of the third year of the lease.”
4. ACTION: Supervisor Helms motioned to adopt Mr. Behrens lease proposal.
Supervisor Rogers seconded. Motion carried unanimously.
VI. RESIDENT CORRESPONDENCE/PERSONS WISHING TO BE HEARD.
A. .None
VII. TOWN ENGINEER UPDATE
A. Kevin Kimmes stated the Plan Commission had heard applications for:
1. Rezoning at the corner of Lakefield Road and Port Washington Road for a potential
restaurant which was denied due to insufficient size, but the Planning Commission
made a favorable recommendation to the Zoning Board of Appeals for a variance.
2. An advisory discussion for Karrin Manley for a land division to include the
continuation of the stable operations, which spurred discussion of the Town Code in
regards to allowing horses and livestock.
3. An advisory discussion for a land division on the Grossmann property
4. An advisory discussion for a land division by Kubala Washatko, on the former Dennis
Riley CSM property on HWY O. They are considering coming to the town with code
change requests to allow greater density.
B. Mr. Kimmes stated he is putting a calendar together for the Town to be available at the
Town Hall and on the Town’s web site and cable channel. The calendar will include meeting
dates, holidays, etc. Commissioners will bring suggestions and corrections to the December
meeting.

VIII. APPOINTMENTS OF COMMITTEES
A. Salary Review Committee-
1. Chairman Bartel reported this will be postponed until December’s Board meeting in
order to contact more individuals.
IX. REPORTS – FOR INFORMATION, DISCUSSION AND ACTION.
A. Chair
1. Chairman Bartel reported that he is meeting with office staff to review duties, work
loads, and time management, and will come out with proposed changes in the next
few months.
B. Supervisors.
1. Supervisor Rogers reported that the Library budget has been severely cut in the last
two years. Funding for books has been 20% under budget in comparison to
Cedarburg and Port Washington. The Village of Grafton has decided to add
$3000.00 towards the purchase of books, CD’s, and publications that have been cut
back on, providing that the Library itself comes up with $1900.00 worth of it’s own
fundraising, and are asking the Town to contribute an additional $1115.00 toward
materials.
C. Clerk.
1. Town Clerk Wendy Weeks reported that because of the HAVA handicapped
accessibility survey completed in March of 2004, the Town of Grafton is non-
compliant due to signage. Ms. Weeks will apply for a grant to bring the sign up to
standards.
2. Ms Weeks reported that the Town-Village ADHOC meeting is on hold due to the
Village losing Bob Ponton, and Ron Pugh two members of their ADHOC committee.
Grafton Town Board Minutes November 9th , 2005 Page 6 of 6

D. Presentation of Invoices.
X. MISCELLANEOUS ITEMS DEEMED PERTINENT AS ALLOWED BY LAW.
A. Chairman Bartel reported the contract for Smart Growth services with Planning and Design
Institute will go to the Town Attorney and Town Engineer for review and approval.
1. ACTION: Supervisor Rogers made a motion to approve the Smart Growth
service contract with PDI subject to final approval of Town Counsel and Town
Staff. Supervisor Helms seconded. Motion passed unanimously.
B. Chairman Bartel reported that Mr. Joe Masnaghetti passed away this month. He had been
a village resident involved with the Manchester Pond. His property was probably most
affected by the rise and fall of Manchester Pond. He was very patient and professional with
the Town. A very fine gentleman.
XI. ADJOURN
A. Action – Motion made by Supervisor Grunwald to adjourn subject to payment of bills.
Seconded by Supervisor Helms. Motion carried unanimously.

Respectfully Submitted,


Wendy Weeks, Town Clerk

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Archive:

April 11, 2012 Board of Supervisors
April 4, 2012 Plan Commission
March 21, 2012 Open Space Commission
March 14, 2012 Board of Supervisors
March 7, 2012 Plan Commission
February 15, 2012 Open Space Commission
February 8, 2012 Board of Supervisors
February 1, 2012 Plan Commission
January 18, 2012 Open Space Commission
January 11, 2012 Board of Supervisors

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