August 13, 2007                                  REGULAR BOARD MEETING                                        7:00 p.m.

Meeting was called to order at 7:00 p.m. with Gary Beck, Paul Beere and Mike Weinkauf present.

Betty Novy, Clerk-Treasurer, Christopher Birkett, Public Works Supervisor, and John Tierney, Engineer, were also present.

Pledge of Allegiance. 

Mike moved, 2^nd by Paul to approve minutes of the July 9, 2007 meeting.   Motion carried.

Mike moved, 2^nd by Gary to approve August disbursements as follows.   Motion carried.

Town General Fund Disbursements:

August 13, 2007                                  REGULAR BOARD MEETING                                        7:00 p.m.

Rochester Sewer Utility District #1 Disbursements:

Treasurer’s Report.   Betty read the report as follows: 

Betty reported receipt of $355,724 for the State School Levy Tax Credit.  This amount is being paid to the County Treasurer with this month’s disbursements.  The Town’s August tax settlement will be received August 20^th in the amount of $136,000. CD#2908213474 comes due August 22^nd.  Consensus of the Board was to cash in the certificate and deposit proceeds in the money market account.  This will provide ample funding to pay for the 2007 road project due in September. 

Betty also made the Board aware of an inquiry by Tom Roanhouse regarding sewer charges for the Groundup Opps building.  More units will be occupied soon.  Tom wants the unit count reviewed and adjusted based on actual use.  He also requested a partial refund of the connection charge if the unit count proves lower than the one assigned through original estimates.  It was decided to wait until the units are occupied for a number of months before performing this analysis.

Betty also reported on a complaint received from a resident in regards to the State Highway 36 by-pass project.  Construction has been starting as early as 6:30 a.m. on weekdays and Saturdays.  He feels this is too early.  He contacted the project manager and was notified that since the Town does not have an ordinance restricting construction times, the State follows their own policies.  The resident asked that the Town consider adopting an ordinance to regulate construction times.  It was noted only one resident complained.   Consensus of the Board was not to pursue an ordinance that would hold up or limit construction on the project. 

Sheriff’s Department.  Sheriff Robert Carlson addressed the Board with an overall report.  He reported the jail project moving on budget and schedule with occupancy of the new quarters planned for October or early November.  The capacity of the jail will be increased to 820 beds (now 650).   Both admissions and length of stay is up for inmates, creating the need for additional beds. The average stay per inmate is 21.8 days.  This is up from previous years due to delays in the court system.    The rest of the facility will be renovated in March.  They anticipate being able to rent some beds after renovations are complete.  This will generate anticipated income of $1,000,000 to help offset the county tax levy.  Racine County will be purchasing a software package for the use of all emergency service agencies in the County.  This will help streamline communication between jurisdictions.

Mike Weinkauf questioned the use of “purchase of alcohol by minors” stings in Racine County.  He stated in Illinois there is a court challenge regarding the use of youth in these operations.  Sheriff Carlson indicated it is the store clerk’s responsibility to inspect the identification and age of those intending to purchase alcohol.  He supports the program in Racine County and it will continue as long as there are no court mandates to the contrary. 

Deputy Prochaska indicated no written report.  Sergeant Kacmarcik is on a short leave of absence for family reasons.  Deputy Prochaska reported some vandalism to the playground equipment in Case Eagle Park.  Citations were written.  There have been

August 13, 2007                                  REGULAR BOARD MEETING                                        7:00 p.m.

multiple complaints about late night noise issues at the Honey Lake Inn.  There have been seven calls to the establishment since they opened their doors.  So far, three noise complaints; one civil dispute; one fight; and two walk throughs.  Deputy Prochaska will be running call comparisons to other licensed establishments.  So far, there are no incidents on the State Highway 36 by-pass project.  By Winter, the existing highway will be back to two lanes north and southbound.  No further gang activity has been reported in Honey lake since arrests took place last month.  However, Walworth and Racine County Sheriff’s Departments are still working cooperatively to monitor the situation.  No problems were reported with the recent Alpine Valley event “Ozzfest”. 

Public Works Department.   Christopher Birkett’s written report was reviewed as follows:   

Chris reported the County will be shooting grades to address the Fox Grove drainage issue.  Two new homes were built and affected the flow of water back to river.  In the direction water is supposed to flow through roadside ditches, one property owner installed a parking area and removed a driveway culvert.  Another has done extensive landscaping.  Several culverts are in bad shape.  Surface drainage from the new houses could be forced to a different direction.  However, an easement would be needed.  Chris will report costs and options at the September meeting.

Engineering Report.  John Tierney’s written report was submitted as follows:

John reported the developer’s agreement for Rookery Landing Estates calls for final surface installation on subdivision roads this Fall.  Since only one house has been constructed, he recommended taking the necessary legal steps to extend the deadline to Fall of 2009.  Consensus of the Board was for John to follow up with the Town attorney. 

August 13, 2007                                  REGULAR BOARD MEETING                                        7:00 p.m.

John also reported a request by Payne & Dolan to adjust the unit price charged for shoulder materials on the 2007 road project.  Quantities used were 70% less than what project specifications called for.   If known, this would have affected the material costs. 

Consensus of the Board was not to grant the request.  They stated contractor savings in time and trucking as the basis for their decision.  John will report this back to the contractor.

John also reported a request by Payne & Dolan to adjust the unit price charged for shoulder materials on the 2007 road project.  Quantities used were 70% less than what project specifications called for.   If known, this would have affected the material costs. 

Consensus of the Board was not to grant the request.  They stated contractor savings in time and trucking as the basis for their decision.  John will report this back to the contractor.

Gravel Pit Permit Renewal Application

Racine County Public Works: Academy Road

Betty reported on Plan Commission consideration of the permit.  At the Plan Commission’s request, an updated operations plan was provided.  Paul reported the Plan Commission wanted to ensure Racine County follows the same operational guidelines applied to other gravel pits.  The gravel pit will be restored with three to four feet of topsoil as the County obtains clean dirt through their regular operations.  The gravel pit is primarily used for shouldering material because of its quality.  They no longer conduct asphalt operations in the pit.  They follow the same setbacks and steepness of grades applied to other gravel pits and dutifully work with the Sheriff’s Department whenever trespassers are reported.  Mike moved, 2^nd by Paul to approve renewal of the Racine County Public Works Gravel Pit Permit.  Motion carried.   

Application for conditional use to operate a therapeutic riding center to improve quality of life for children/ adults with disabilities through the use of equine assisted activities.

Owner:  Curtis & Jennifer Pape/  Applicant:  Willow Creek Ranch, Inc.

Location:  2623 Maple Road/  Tax Key No. 014031904002010;  5 acres

Betty reported on Plan Commission consideration of the permit.  They recommended approval contingent that the facility maintain its NARHA certification; that the facility procure and maintain liability insurance; and that the permit be subject to review in two years.  Jennifer Pape addressed the Board.  She explained she has gone through the instructor certification process and is working with Markle Insurance, which is a major writer of insurance for equine assisted programs.  Mike moved, 2^nd by Gary to approve the application for conditional use to operate a therapeutic riding center at 2623 Maple Road with the condition that the permit be subject to review in two years.  Motion carried.

Purchase of New Ambulance;  Dick Bosworth, Fire Chief

Dick reported on Fire Company plans to trade in a 2001 ambulance for replacement.  The amount needed for purchase of a new unit is $70,934.  The Fire Company would like to finance the purchase using the type of arrangements approved in the past, whereby the Town and Village provide financing and the Fire Company makes annual payments with revenue received for ambulance runs.  Consensus of the Board was that this was acceptable.  Financing terms should be prepared for consideration at a future meeting.

Cost estimate:  Fire Station Parking Lot Resurfacing

John Tierney reported an estimate of $30-40,000 for parking lot resurfacing based on this year’s street project bids.  He indicated a better price might be obtained if estimates were solicited directly from Pave-Tech, B.R. Amon or Payne & Dolan to see if companies that specialize in parking lot resurfacing could provide a better solution and/or price.  Dick Bosworth indicated only one layer of asphalt was originally installed for the parking lot.  He is unsure how much base is under the surface.  Chris Birkett was directed to get estimates for the project and report back at the September meeting.

Application for Special Exemption Permit to allow outdoor music: 

Hitch ‘n Post Saloon;  120 N. Browns Lake Drive

Saturday, September 15, 2007, 7:00 p.m. – Midnight (Wedding)

Gary moved, 2^nd by Mike to approve the application for a special exemption to allow outdoor music for the Hitch ‘n Post Saloon for Saturday, September 15, 2007 from 7:00 p.m. to midnight for a wedding.  Motion carried.

August 13, 2007                                  REGULAR BOARD MEETING                                        7:00 p.m.

Application for Kennel License:  Deedria Schaal;  31912 Academy Road

Betty reported on Deputy Prochaska’s inspection of the property.  He found no concerns.  A special exception to an ordinance provision requiring a minimum three-acre parcel should be considered.  The intent of the ordinance is to take neighbor’s proximity into consideration.  The nearest neighbor to the applicant property is 550 feet.  Aerial views show the property surrounded by agricultural fields, directly across from the Racine County Public Works garage. 

Guy and Deedria Schaal addressed the Board.  The license application is for eleven miniature poodles.  The applicants have an offer on the property contingent on approval of the license.  Several modifications will be made, including a fenced enclosure for the dogs.  However, they will primarily be kept inside.  Mike moved, 2^nd by Paul to grant a special exception to the three acre minimum and approve a kennel license for Guy & Deedria Schaal at 31912 Academy Road for eleven dogs.  Motion carried. 

Oak Knoll Railroad Crossing:  Pat Lancour

Pat Lancour addressed the Board.  She reported on conversations she has had with the railroad commissioner of Wisconsin regarding the Oak Knoll crossing.  Asphalt is deteriorating and cars could be damaged due to the condition of the rails.  The Commissioner suggested a letter be sent requesting a cement crossing.  A letter from the Town Board would have more affect than one from a private citizen.  Chris Birkett reported on the condition of the crossing and communication he had with Terry Lee of the Canadian National Railroad.  Terry indicated the crossing was scheduled for asphalt repair in July.  After a second contact in early August, he indicated it would be repaired some time this month.  Consensus of the Board was to write a letter requesting that the crossing be addressed and kept up until a permanent cement crossing can be installed.   

City of Burlington- Village of Rochester Cooperative Plan

Terms of the plan were reviewed.  Mike questioned attachment procedures outlined in the plan.  Previous discussions were such that jurisdictional transfers were only to occur at the property owner’s request.  The plan calls for attachment of all specified parcels when the agreement terminates after ten years.  Gary explained property owners have the option in the ninth year to petition to remain in Rochester if that is what they desire.  Once they do so, both Rochester and Burlington Boards would have to agree.  Mike indicated a preference to leave that decision solely in the hands of property owners.  Betty indicated all property owners will be given an opportunity to express concerns at a public hearing held prior to execution of the agreement.   Of all parcels identified for attachment, the property owners south of Teut Road were the ones most likely to express conflict.  Consensus of the Board was to direct correspondence to those individuals explaining proposed terms of the agreement and soliciting input.

Town of Rochester -Village of Rochester Cooperative Plan

Revisions made since the last meeting were reviewed.  Betty relayed Atty. Hotvedt’s explanation of plan language.  The proposed language was drafted using an example document provided by the Department of Administration.  Language can be revised, but should still meet general outline requirements.  Consensus of the Board was to have the attorney revise and/or explain plan sections as follows:

• In s. C “Establish Mechanism for Joint Planning”, clarify that the Land Use Plan was created by a Joint Land Use Plan Committee.  The section now states the Land Use Plan was created by Town and Village Plan Commissions. 

• In. s. C & D, clarify the Joint Land Use Plan is to be used as an advisory guide.  Concern was expressed over language stating it will be used as the “framework” for all planning decisions. 

• In s. D, concern was expressed over the sentence “Without provision of urban services, new development in the remaining Town territory with development potential could result in a patchwork of noncompact Town and “leap-frog” Village growth.”  The Board would like to know how this sentence will affect or apply to rural development.  

• In s. D., the sentence “The parties agree to the restriction and regulation of development in accordance with the provisions of this Plan” should be changed to read “The parties agree to the restriction and regulation of development in accordance with current Town and Village Plan Commission review and approval processes, including Town and Village Board consideration when offering final approval.” (or something to that effect).

Revisions and/or explanations should be submitted for review at the September meeting.

August 13, 2007                                  REGULAR BOARD MEETING                                        7:00 p.m.

North River Road Drainage

Chris Birkett reported on a complaint regarding standing water in the ditch near 120 N. River Road.  The property owner stated two to three inches of water sits in the ditch after rain events.  The ditch bottom is somewhat flat and the resident complains about their inability to mow the sides of the ditch because they are too steep.  Three options to address the complaint were provided by Greg Boldt, construction engineer for the N. River Road reconstruction project.  Each of the options would require an investment of approximately $20,000.  Chris did not feel the problem warranted the expense.  John Tierney reported recent reconstruction of the road did not raise the back of this ditch and that the slope never changed.  The standing water only occurs after heavy rainfall events and is not causing any damage to the road or nearby structures.  It was noted this circumstance exists in several ditch areas throughout the Town.  Since water is not causing damage at this location, consensus of the Board was not to authorize any work to the ditch.

2008 Evergreen Drive Improvements

Betty reported on several improvements that might be considered with the E. Evergreen Drive resurfacing project that is planned for 2008.  Parking provisions, road width and storm sewers should be considered to address increased use of the road.  The Board directed John Tierney to analyze the project and prepare some project options, with estimated costs, for discussion at the September meeting. 

Assessor’s Salary; Request for $400 Annual Increase

Mike moved, 2^nd by Paul to approve a $400.00 increase to the Assessor’s annual maintenance salary starting August 1st.  Motion carried.

Application for Operator’s License:  Shirley A. Knight;  The Bunker

Betty reported no criminal history found on the applicant.  A copy of a recent operator’s license held in the City of Muskego was submitted with the application.  Mike moved, 2^nd by Gary to approve an operator’s license for Shirley Knight.  Motion carried.

Set date for Trick or Treat

Gary moved, 2^nd by Mike to set the date for trick or treat as Sunday, October 28^th from 4:00 p.m. to 6:00 p.m.  Motion carried.

Fall Newsletter presented for additions or corrections

Mike suggested editing the bridge article to include a tentative date for re-opening the bridge.  Consensus of the Board was to approve the newsletter for distribution.

Period for Public Comment.  Paul reported on a citizen complaint he got regarding the Case Eagle Baseball Diamond lighting project.  The citizen did not feel the cost of the project was warranted.  Mike expressed his thought that the project will be worthwhile to the community.  Gary reported Runzheimer International will be considering a contribution to the ball diamond lighting project next week.  He should be able to report the results of that consideration at the September meeting.

Paul moved, 2^nd by Mike to adjourn at 9:22 p.m.  Motion carried.

Respectfully submitted,

Betty J. Novy, CMC

Clerk-Treasurer