Meetings for February 7, 2007 and February 12, 2007

February 7, 2007                   SPECIAL TOWN BOARD MEETING                                        7:00 p.m.

Meeting was called to order with Gary Beck, Paul Beere and Mike Weinkauf present. Sandra Swan, Deputy Clerk and Atty. John Hotvedt also present.

Discussion on Boundary Agreement-Consolidation Options

Gary Beck started the meeting by asking John Hotvedt what his thoughts were about this new approach to consolidation.  Hotvedt stated that it is a novel idea and the Department of Administration allows it and supports it. He feels that this is also the direction that George Hall would like to see Rochester take instead of trying to develop agreements with five or six different municipalities.

Beck stated that that one of the concerns he has is the length of time it would take.  He wouldn’t want to see this process die because of a change in boards over the next ten years.  Hotvedt stated that once the agreement is signed with the Village the borders are defined.  There will be a period of public comment before the agreement is sent to the State where the neighboring communities can object and state their reasons as to why they object and why they can better serve certain areas, that is what George Hall will listen to and mediate. However, once the agreement is approved by DOA the borders will be secure.  

Paul Beere stated that he likes the new approach to consolidation. He stated that it shifts the burden of legal costs back to the municipalities that object to any of the border agreements. He stated that even though the time frame is ten years it could be the shortest route.

Mike Weinkauf stated that the boundary agreement option between the Town and Village will allow a ten year period to phase into consolidation.  This will allow those who oppose the concept to stay in the Town longer and see the advantages and/or disadvantages.  The other advantage is that Rochester does not have to incur the legal expenses that would be required if boundary agreements with all neighboring municipalities had to be achieved.  

Further discussion was held about specific situations that could arise. However, the consensus of the board was that this would be the best course of action.

Beck moved, 2^nd by Beere to pursue consolidation with the Village of Rochester utilizing 66.0307, the cooperative boundary agreement statute.  Motion carried.

Hotvedt stated that the next step would be to pass a resolution stating the Town’s willingness to participate in the cooperative boundary agreement process with the Village of Rochester

Weinkauf moved, 2^nd by Beere to adjourn at 7:44 p.m.  Motion carried.

Respectfully submitted,

Sandi Swan

Deputy Clerk Treasurer

February 7, 2007                   SPECIAL JOINT TOWN AND VILLAGE                                 7:54 p.m.

BOARD MEETING

Meeting was called to order at 7:00 p.m. with Gary Beck, Mike Weinkauf and Paul Beere present from the Town Board; and Chris Denman, Jim Henning, Russ Kumbier, Dean Stapleton, Bill Weidert, Dave Pattengale and Mark Tamblyn present from the Village Board.

Betty Novy, Clerk-Treasurer, Sandra Swan, Deputy Clerk-Treasurer, and Atty. John Hotvedt were also present.

Discussion on Boundary Agreement Options for Consolidation

Beck reported on the Town Board’s independent action to pursue consolidation utilizing Wis. Stats. 66.0307. He stated their primary reason for choosing this option is George Hall’s statement that the Department of Administration could attempt to mediate any disputes with neighboring municipalities if this process was taken. 

February 7, 2007                   SPECIAL JOINT TOWN AND VILLAGE                                 7:54 p.m.

BOARD MEETING

Denman reported that the Village Board also took independent action to pursue consolidation utilizing Wis. Stats. 66.0307.  He stated their primary reason also being that the State will offer some help with this effort.

Weinkauf stated another benefit.  The boundary agreement option between the Town and Village will allow a ten year period to phase into consolidation.  This will allow those who oppose the concept to stay in the Town longer and see the advantages and/or disadvantages.  The other plus is that Rochester does not have to incur the legal expenses that would be required if boundary agreements with all neighboring municipalities had to be achieved.  

Beere stated he did not feel the Town and Village were losing anything by settling for a ten year time frame.  There are no guarantees that agreements with neighboring municipalities would not take that long.  Changes in the makeup of municipal boards may cause delays or even stop the process.  In the mean time, Rochester is able to secure its borders under this proposal and address development according to its own priorities. 

Weidert expressed his interest in the history behind how other municipalities have used this process.  John Hotvedt stated his understanding that the boundary agreement process has only been used once to achieve consolidation and that particular agreement was just finalized in 2006.  It was assumed this is why the Department of Administration did not recognize it as a viable option for Rochester until now.

Denman indicated the ten year time frame will allow adequate time for the Rochester community to work out the issues of consolidation.

Hotvedt was directed to draft resolutions for the February meetings of Town and Village Boards to indicate their willingness to participate in the cooperative boundary agreement process with each other.

It was stated that Town and Village Boards have worked well together and that the contract between the two entities to achieve consolidation should be easier than the consolidation petition previously created for the same purpose.

Weinkauf stated his understanding that Racine County received additional funding with their Smart Growth grant that was allocated to help Rochester with this process.  He will check with Julie Anderson for the details.

Dave Richmond and Rebecca Ewald of the Village of Waterford were present in the audience.  Dave stated their recognition of reasons Rochester is choosing this option.  Dave and Rebecca’s indication was that they look forward to future communications between Waterford and Rochester as the process unfolds.  Dave and Rebecca were thanked for attending the meeting.

Beck moved, 2^nd by Henning to adjourn at 8:13 p.m.  Motion carried.

Respectfully submitted,

Betty J. Novy, CMC

Clerk-Treasurer

February 12, 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, and John Tierney, Engineer, were also present.  Christopher Birkett, Public Works Supervisor, was absent.

Pledge of Allegiance. 

Gary moved, 2^nd by Mike to approve minutes of the January 8 and 25, 2007 meetings as printed.  Motion carried.

Mike moved, 2^nd by Paul to approve February disbursements as follows.   Motion carried.

Town General Disbursements.

February 12, 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 $3.2 million in 2006 tax collections through January 31^st , with $2.9 million paid out to the different taxing districts.

Sheriff’s Department.  A written report was submitted showing the following statistics for January:  five accidents; twelve speeding citations, eight traffic citations, eleven parking citations and fifteen warnings were issued.  Complaint statistics were as

February 12, 2007                              REGULAR BOARD MEETING                                        7:00 p.m.

follows:  twenty-five complaints originated through calls directly to the Sheriff’s Department; Deputy Prochaska assisted with six additional complaints, originated twenty-five on his own, and performed follow up on six.  He reported twenty work days, 177.7 hours and 1,805 miles driven.  Two foot patrols were conducted. 

Deputy Prochaska presented a spreadsheet showing traffic accidents that occurred in the Town over the past two years, with specific attention to those occurring on CTH D.  This information is to be forwarded to Racine County Public Works.  Sgt. Kacmarcik reported on total hours worked under the 2006 contract.  Further analysis showed an additional 13 hours were worked over required contract hours for 2006.  There will be no hours carried over to 2007.  A comparison was also presented showing different areas of call activity, comparing each category from 2002 – 2006.   Mike Weinkauf questioned patrol of the Honey Lake area.  In his role as a representative in Honey Lake District meetings, there have been several complaints about not seeing a Sheriff’s Department presence.  Deputy Prochaska explained the character of the neighborhood is changing.  Many of the kids are older and not hanging out in the subdivision as much.  He was also out most of the Summer due to his accident, so he was not out interacting with the residents as much.  He will attend the Honey Lake meeting if asked to do so in order to address their concerns.  Snowmobile complaints have been minimal so far this season.  For 2007, Deputy Prochaska will request a speed trailer on CTH D.  Alpine Valley summer concert traffic also looks to be minimal for 2007.

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

Engineering Report.  John Tierney read his project report as follows:

February 12, 2007                              REGULAR BOARD MEETING                                        7:00 p.m.

Request for Reduction in Letter of Credit;  Rookery Landing Estates

Greg Reesman addressed the Board regarding a request for reduction in their letter of credit.  Concerns were expressed regarding standing water on the east side of the development.   Greg reported one tile collapsed during construction and caused ponding.  They have since relayed the tile.  So far only one planned pond exists on the southeast of the property.   A four inch pipe runs out and then back into the main drain tile to feed the pond.   Don North, property owner to the east, questioned who will ultimately control the drain tile that runs through the development.  He is concerned about increased standing water on his land.  There was standing water in the past, but it never lasted very long.  Since the subdivision was put in, the water stayed long enough to kill his corn crop.  He wants to make sure that poor drainage doesn’t cause that to happen again.  Greg indicated the tile lies in an easement that is recorded on the deed of every lot.  After the lots are sold, an association will be in place that will be responsible to maintain the tile. 

Ron Anton, landowner to the west, indicated a culvert placed under the new road is not working properly.  Although the tile that once served that area was broke, water eventually moved to the east.  Now, with the road there, it does not move.  Greg indicated some erosion control bales may be holding it back.  Once grass is growing, he can remove bales.  It was stated that the water is now backing up as far as the Babik property and that the bales may not be the only cause for flooding.  Greg indicated the DNR set the elevation for the culvert because they wanted to preserve wetlands.  He cannot change the elevation because the DNR set it, but will pull the bales out as soon as it thaws to see if that solves the problem.  Nancy Anderson, another abutting property owner, stated she thinks these drainage problems are a health hazard because of increased mosquitoes.  Since the road was put in, she has had water problems and her sump pump is running every time it rains.

John Tierney stated his recommendation to reduce the letter of credit for Rookery Landing Estates by $1,009,158.49, retaining a balance of $151,040.  He indicated the remaining balance will still cover any work necessary to correct the drainage problem.

Mike moved, 2^nd by Gary to approve a letter of credit reduction for Rookery Landing Estates I & II in the amount of $1,009,158.49.  Motion carried.  John Tierney was directed to meet with Peter Wood of the DNR and Tom Foat from Kapur and Associates to determine corrective action for the culvert depth in order to address drainage in that area.

Application for Kennel License (Renewals):  Dale Creek Gun Dogs, N6810 Cty Hwy DD;  Jim & Nancy Anderson, 28815 Washington Ave;  Bill & Sharon Monnin, 906 N. Browns Lake Drive;

Dale Creek:  Deputy Prochaska reported no complaints on the kennel this year and that the kennels appeared well maintained.  Mike moved, 2^nd by Paul to approve Kennel License renewal for Dale Creek Gun Dogs.  Motion carried.

Anderson:  Deputy Prochaska reported no problems or complaints on the Anderson property.  He did not get a chance to inspect but noted no issues in the past.  Gary moved, 2^nd by Mike to approve Kennel License renewal for Jim and Nancy Anderson contingent on Deputy Prochaska inspecting the premises and finding them in good order.  Motion carried.

Monnin:  Deputy Prochaska reported no problems or complaints.  Paul moved, 2^nd by Mike to approve Kennel License renewal for Bill & Sharon Monnin.  Motion carried.

Meter Installation Costs:  Lynch Truck Center

Novy reported on communication with Kurt Petrie, the General Manager for Lynch Truck Center.  He had no objection to installing a water meter to monitor sewer use for the Lynch building, but he did not feel they should have to pay for it.  A cost estimate of $1,634 was received to install a water meter similar in specifications to the one being installed at the Groundup Opps site.  Mike stated he had checked with a local plumber and that was a reasonable charge for the work.  Gary moved, 2^nd by Mike to furnish and install a water meter on the Lynch Truck Center at the cost of $1,634.  Motion carried.

February 12, 2007                              REGULAR BOARD MEETING                                        7:00 p.m.

Ordinance #1-2007 “Increasing Quarterly Sewer Charge from $73.00 per unit to $80.00 per unit quarter”

Gary reported this ordinance was drafted per direction of the Sewer Utility Board to cover estimated 2007 operational costs.  Paul moved, 2^nd by Gary to approve Ordinance #1-2007.  Motion carried.

Resolution #1-2007 “Resolution as to Cooperative Boundary Agreement” (with Village of Rochester)

Gary reported on a meeting held with George Hall and the Village of Rochester Board.  George Hall recommended a new procedure to achieve consolidation.  That procedure is for the Town and Village of Rochester to enter into a boundary agreement with each other and perform a series of jurisdictional transfers over a ten year time period.  Both Boards have determined this would be the most advantageous route.  Paul moved, 2^nd by Mike to adopt Resolution #1-2007 to enter into a cooperative boundary agreement with the Village of Rochester.  Motion carried.

Resolution #2-2007 “A Resolution to submit a referendum question to the electorate at the Spring 2007 General Election regarding Mute Swans”

Erla Mae Clearmont was present in the audience.  She explained several issues surrounding the DNR’s planned killing of mute swans in the area.  The Village and Town of Waterford; and the Town of Norway have passed similar resolutions.  Gary moved, 2^nd by Paul to adopt Resolution #2-2007.  Motion carried.

Request for carrier delivery service out of the Rochester Post Office

Betty reported a number of inquiries as to carrier service out of the Rochester Post Office lately.  The last time the Town and Village of Rochester requested carrier service was in 1999.  It was turned down at the time, but postal officials notified the Town and Village that they were able to petition again after a number of years had gone by.  Paul moved, 2^nd by Mike to send a request on behalf of the Town.  Motion carried.

Period for Public Comment:

Paul Beere reported on a culvert under Rowntree Road that is blocked.  Chris Birkett and Paul are planning to dig it out, but it may need replacement.  Paul is to report back when it is known whether it needs replacement.

Paul moved, 2^nd by Mike to adjourn at 8:50 p.m.  Motion carried.

Respectfully submitted,

Betty J. Novy, CMC

Clerk-Treasurer