June 11, 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.

Pledge of Allegiance. 

Mike moved, 2^nd by Gary to approve minutes of the May 14 & 23, 2007 meetings as printed.  Motion carried.

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

Town General Fund Disbursements:

June 11, 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 legislation has been introduced with the State budget bill that will allow consolidation of Town and Village of Rochester to occur upon passage of a referendum in each municipality.  Representative Robin Vos introduced the legislation.  A $10,000 fee that was supposed to be associated with this legislation has been waived.  This legislation will have to go through both houses- Assembly and Senate- and then survive the Governor’s veto power.   Beck indicated if legislation passes both houses, letters should be written to the Governor in support.   Improvement plans for County Highway D were also referred to Board members for review.

Sheriff’s Department.  A written report was submitted showing the following statistics for May:  three accidents; twenty-one speeding citations, four traffic citations, sixteen parking citations and twenty warnings were issued.  Complaint statistics were as follows:  twenty-four complaints originated through calls directly to the Sheriff’s Department; Deputy Prochaska assisted with twenty-two additional complaints, originated forty-five on his own, and performed follow up on nine.  He reported nineteen work days, 165.5 hours and 1,721 miles driven.  Eighteen foot patrols were conducted. 

Deputy Prochaska reported on lane closures associated with the Highway 36 bypass project.  There have been no traffic incidents to date.  Water spilling out of a house in Honey Lake was reported by a neighbor.  The home had been flooded by a broken pipe and the property owner had not been there for at least a month.  The house now has mold issues.  Deputy Prochaska is working with the Health Department and Building Inspector regarding possible condemnation. 

Sergeant Kacmarcik reported on other road closures and the coordination of emergency services that is in place to provide coverage to areas now blocked off from their usual response entity.

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

June 11, 2007                                      REGULAR BOARD MEETING                                        7:00 p.m.

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

Additionally, John reported on a meeting at the Wegge property with a representative from U.S. Fish and Wildlife.  This was the agency that initially designed the pond.   The pond was observed 1 – 1.5 feet higher than its design capacity.  There could have been some damage to a 12” tile line into which the pond feeds.   A gate installed on a six inch feeder tile controls the level of the ponds.  A homeowner to the west of this property on Academy Road is working with WE Energies to fix a drain tile that was broken during utility installation.  Water that used to enter this drain tile system via the broken tile now flows over ground at a much quicker rate.  This may be putting additional pressure on the whole system.  Mike thought he had observed some wetland fill taking place on the property with the broken tile.  Tierney will check with the DNR and County whether this has taken place.   Board members requested an estimated cost for baseball diamond lighting.   John will prepare an estimate for informational purposes, but indicated actual costs will not be known until the project is put out to bid.

Sale/ Ownership Options:  Scotsdale Wetland Conservation Area

Betty reported on receipt of the recorded subdivision plat for Scotsdale Subdivision from Racine County.  The plats on file with the Town were all labeled “Preliminary”.  On the final plat, the conservation area is labeled “Dedicated to the Public as a Wetland Conservation Area”.  Due to the dedication, the Town attorney indicated the land is subject to the “public trust doctrine”.  Transfer to the County is the only viable option for the Town to dispose of the land.  It must remain in public ownership.  If the Board wishes to transfer ownership to Racine County, Atty. Hotvedt estimated a cost of $200.00 to prepare the deed transfer.  He also noted any complications may cause costs to go higher. 

Gary moved, 2^nd by Mike to forward correspondence to Racine County Public Works indicating the Town’s willingness to sell this parcel to the County for attachment to Saller Woods for the purchase price of $1.00 contingent on Racine County picking up all legal costs associated with the real estate transfer.  Motion carried.

Liquor License Renewals:

The Bunker,  29224 Evergreen Dr:  Class “B” Beer & Liquor, Cigarette,

Cabaret (amended to include music in the rear yard seasonally from May 1 – November 1 starting no sooner than 1:00 p.m. and ending no later than 9:00 p.m.)

Mike moved, 2^nd by Paul to approve Cabaret, Class “B” Liquor and Cigarette license renewals for “The Bunker”.  Motion carried.

June 11, 2007                                      REGULAR BOARD MEETING                                        7:00 p.m.

The Bunker, Operator’s License Renewals:  Sandra Brook, Tracy Johnson, Nicole Church, Sherry Southard, Kathleen Elliott, Caroline Royske, Jonni A Holm

Paul moved, 2^nd by Mike to approve all operator’s license renewals with the exception of Nicole Church.  Motion carried.

Mike moved, 2^nd by Gary to deny Nicole Church due to three recent offenses on her criminal background check- possession of THC (2^nd+ offense); Operating after Revocation; and Operating While under the Influence (2^nd).   Motion carried.

Special Exemption Permits to allow outdoor music ending earlier than 9:00 p.m. (if applicable):
June 16, 2007 from 1:00 p.m. to 8:00 p.m.- Wedding Reception

June 23, 2007 from 1:00 p.m. to 8:00 p.m.- Wedding Reception

July 3, 2007 from 1:00 p.m. to 5:00 p.m.- Joe Santana & Motley Jackson Band

July 4, 2007 from 1:00 p.m. to 8:00 p.m.- July 4^th Celebration

Action on these permits was not necessary because of seasonal cabaret license approval.

Special Exemption Permit to allow outdoor music ending later than 9:00 p.m.:  

July 14, 2007 from 5:00 p.m. to 9:30 p.m. “Poker Run for Diabetes Association”

Paul moved, 2^nd by Mike to approve a special exemption permit for “The Bunker” for July 14^th, 5:00 p.m. to 9:30 p.m.  Motion carried.

Hitch ‘n Post, 120 N. Browns Lake Dr:  Class “B” Beer & Liquor, Cigarette, Cabaret. 
Operator’s License Renewals:  Lee Edlebeck, Chad Augle, Tamra Menken, Anna Thomas, Jolene Thomas, William Auger, Martin Baumgardner, Melody Jones

Gary moved, 2^nd by Mike to approve Class “B” Beer & Liquor, Cigarette, Cabaret and all operator’s license renewals for the Hitch ‘n Post.  Motion Carried.

Honey Lake Inn, LLC,  35415 Academy Rd:  Class “B” Beer & Liquor, Cigarette, Cabaret.

Deputy Prochaska reported on recent complaints of noise at the establishment.  One neighbor complained of noise.  An additional formal complaint was filed with the Sheriff’s Department regarding noise and parking.  The complaints have been addressed with the owner.  The owner was receptive and is installing air conditioning so the windows can be closed.  This will cut down on noise.  They will also be addressing parking issues with their customers.  Gary moved, 2^nd by Mike to approve Class “B” Beer & Liquor, Cigarette and Cabaret license renewals for the Honey Lake Inn.  Motion carried.

Honey Lake Inn, LLC, Operator’s License Renewals:  Leslie Healey, Kathleen Tobin

Mike moved, 2^nd by Paul to approve the operator’s license renewals for Leslie Healey and Kathleen Tobin.  Motion carried.

Honey Lake Inn, LLC, New Operator’s Licenses:  Randy Vinge, Jody Reed, Michael Maciosek, Dana Wolf, Jennifer Schilling, Angela Timmers

Mike moved, 2^nd by Gary to approve an operator’s license for Randy Vinge contingent on submission of a responsible beverage server’s course completion certificate.  Motion carried.

Mike moved, 2^nd by Paul to approve an operator’s license for Jody Reed.  Motion carried.

Gary moved, 2^nd by Mike to approve an operator’s license for Michael Maciosek.  Motion carried.

Gary moved, 2^nd by Mike to approve an operator’s license for Dana Wolf.  Motion carried.

Mike moved, 2^nd by Gary to deny an operator’s license for Jennifer Schilling due her criminal background check showing felony possession of THC with intent and possession of drug paraphernalia.  Motion carried.

June 11, 2007                                      REGULAR BOARD MEETING                                        7:00 p.m.

Mike moved, 2^nd by Paul to approve an operator’s license for Angela Timmers contingent on submission of a responsible beverage server’s course completion certificate or proof of holding an operator’s license within the past two years.  Motion carried.

Paul moved, 2^nd by Mike to send a letter to all Class B Liquor License holders informing them that the Town Board will not approve operator’s license applicants who have been convicted of felony charges.  Motion carried.

Request for reconsideration of Operator’s License:  Deanna Mueller, The Bunker

A letter from Deanna Mueller was reviewed, along with correspondence from the Town Attorney regarding the Board’s options in reconsidering denial of Deanna’s application for an operator’s license.  Mike moved, 2^nd by Paul to uphold the previous decision denying the license.  Motion carried.  Consensus of the Board was that they will be willing to reconsider the application after six months if Deanna has no further criminal violations and is able to present a letter of support from a licensed Town establishment.

Ordinance #3-2007 amending section 27.806 Hydrology and Soils of the Land Division Ordinance to address subsurface drainage issues and identification of drain tiles.

John reported the ordinance’s intent to address storm-water detention issues and locate drain tiles prior to development.   Sewered development will be required to provide ground water information.   This information is already collected in non-sewered development from septic soil tests.   Drain tiles are addressed in that the developer must provide a survey showing drain tiles or a letter from a qualified subsurface drainage consultant who researched and found no tiles on the property.

Mike moved, 2^nd by Paul to adopt Ordinance #3-2007.  Motion carried.

Discussion of Land Division Ordinance Pertaining to Consolidation

Mike stated concern over the effect of Robin Vos’s legislation regarding consolidation of the Town and Village of Rochester.  Mike indicated some land owners in the Town of Rochester do not feel they were treated fairly in recent revisions to “A Land Use Plan for the Town and Village of Rochester:  2020”. He indicated one-third of the committee was made of representatives from the Village.  He expressed his opinion that Village representatives should not have been on the committee because the Village has higher density development.  He indicated large land owners will probably petition George Hall against consolidation because they feel a consolidated village will treat them as nothing but captured tax base.  He noted the Southeastern Wisconsin Regional Plan Commission identified 50% of the land in Rochester as not developable.  A major revision to the Land Use Plan requires a 50% set aside of land for open space in order to qualify development for three acre average density (applicable only to areas classified as rural-residential).   The previous average density requirement of five acres was upheld if no open space is set aside (applicable to areas classified as rural-residential).  He feels Land Use Plan revisions do not adequately address State concerns about losing agricultural land to urban sprawl.   He feels the people who do not feel they were treated fairly in Land Use Plan revisions will try to block consolidation.

Gary indicated agreement that 50% of the land is undevelopable.  He feels development potential should be maximized in areas that are developable.  Required open space areas may become nothing but weed patches.  He requested that Mike contact the land owners who expressed these concerns to him.  He would like them to call Paul and/or himself to discuss this.  He felt a joint meeting of both Town and Village Boards could then be scheduled.  If those individuals attend the meeting, it would carry weight with community representatives and open the way to discuss the issue.  

Rhoda Runzheimer addressed the Board.  She expressed concern that this density issue keeps being raised again and again.  She thought the issue was settled when revisions to the Land Use Plan were adopted.

Bob Willard stated that he felt several of Mike’s general statements about the Land Use Plan did not fairly represent the conclusions and recommendations in the Land Use Plan.

Pat Hurley addressed the Board.  She stated the Land Use Plan Committee was stacked and the Village had no place there.  She felt the committee was biased and that individuals who live on 60 foot lots enjoy open space, but have not had to pay for it.

Rhoda Runzheimer indicated there has always been a question regarding who will pay for open space.  Ideally, everyone would support and pay for it. 

June 11, 2007                                      REGULAR BOARD MEETING                                        7:00 p.m.

Gary indicated this issue will be scheduled for discussion at the next Joint meeting of Town and Village Boards.  Mike was directed to convince those who have these concerns to attend that meeting. 

Application for 2008 County Bridge Aid program

Betty reported on receipt of this application form from the County.  The only qualifying Town culvert that might need replacement is under Evergreen Drive.  Evergreen Drive is specified for resurfacing in 2008.  John Tierney reported on inspection of the culvert.  Overall, the culvert is not in bad shape.  However, re-alignment would help solve drainage problems in the area.  Replacement of the culvert would best be achieved in conjunction with resurfacing.  Gary moved, 2^nd by Paul to submit an application for the County Bridge program.  Motion carried.

Resolution #5-2007  For Local Endorsement of the Year 2035 Regional Land Use Plan for Southeastern Wisconsin

Gary reported on review of the document.  He found no concerns and indicated acceptance of the Plan Commission’s recommendation to adopt the Resolution.   Mike indicated he still has the same issues he voiced last month.  Gary moved, 2^nd by Paul to approve Resolution #5-2007.   Votes were:  Gary:  Aye;  Paul:  Aye;  Mike:  Naye.  Motion passed.

Resolution #6-2007 For Local Endorsement of SEWRPC Planning Report No. 49, “A Regional Transportation System Plan for Southeastern Wisconsin: 2035”

Paul reported on Plan Commission review of the document.  They recommend adoption.  Gary moved, 2^nd by Paul to adopt Resolution #6-2007.  Motion carried.

Resolution #7-2007 Wisconsin Department of Natural Resources NR 208 –Maintenance  Compliance- Rochester Sewer Collection System 

Mike moved, 2^nd by Gary to adopt Resolution #7-2007.  Motion carried.

Request for Proposals- Municipal Building Exterior

Betty reported that the need to improve the exterior of the Municipal Building has come up several times over the past couple of years.  An advertisement to solicit proposals was presented for approval.  Sheila Webber addressed the Board.  She indicated that the High School now has architectural programs, as well as area colleges.  She suggested soliciting interest as a project from the schools.  Consensus of the Board was that this approach, as well as advertising, were acceptable.

Appointment of NIMS Coordinator/ Point of Contact

Gary moved, 2^nd by Mike to appoint Elmer Baumeister as the NIMS Coordinator/ Point of Contact, with Dick Bosworth and Betty Novy to serve as alternates.  Motion carried.

Period for Public Comment:    Sheila Webber addressed the Board.  She reported on her attendance at many Land Use Plan meetings.  In the original Land Use Plan, five-acre average density was required for new land divisions in rural areas.  The revised plan allows three-acre average density.  She feels it is important to be a steward of the land and preserve natural resources.  A house was just moved onto a one-acre lot next to her land.  She questioned how this could have happened when five and/or three acre average density requirements are in place.  She thought a new house had to be on at least three acres. 

Betty Novy explained Sheila’s neighbors originally had three parcels and could have built a house on each parcel if they chose to.  Instead, they combined three parcels into two, and moved a house onto a one-acre parcel.  This was done via a lot-line adjustment process.  This does not require Plan Commission or Town Board approval.  Since the parcel owners were the same, new legal descriptions were drawn up and existing tax key numbers were attached to the newly described parcels.  This is a legal process that is exempt from Town Land Use Plan and Land Division Ordinance requirements.  The exemption exists because a new parcel is not created.  Only legal descriptions of existing parcels change.

Bob Willard explained confusion regarding three and/or five acre average density.  This designation does not define the lot size, only the number of lots that will be allowed when land is divided.  Minimum lot sizes are governed by zoning. 

Gary moved, 2^nd by Mike to adjourn at 9:19 p.m.  Motion carried.