Meetings for March 14, 2007 and March 27, 2007

March 14, 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 February 7 & 12, 2007 meetings as printed.  Motion carried.

Gary moved, 2^nd by Paul to approve March disbursements as follows.   Motion carried.

Town General Fund Disbursements:

March 14, 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 the Waterford High School Girls Softball team would like to being using the ball diamonds at Case Eagle Park.  However, the county restroom facility will not be open until mid-April.  Consensus of the Board was to order a port-a-pottie for the park until the restroom opens, and invoice the high school for the rental charges.

Sheriff’s Department.  A written report was submitted showing the following statistics for February:  one accident; eight speeding citations, eight traffic citations, ten parking citations and twenty-one warnings were issued.  Complaint statistics were as follows:  twenty-two complaints originated through calls directly to the Sheriff’s Department; Deputy Prochaska assisted with ten additional complaints, originated seventeen on his own, and performed follow up on eight.  He reported sixteen work days, 141.25 hours and 1,608 miles driven.  Two foot patrols were conducted. 

Public Works Department.   Christopher Birkett reported on the following monthly activities:   

Paul questioned how the relationship was going between Racine County and our contracted snowplowing service in terms of picking up salt.  Chris indicated things are going well and they have had no conflicts.

March 14, 2007                                   REGULAR BOARD MEETING                                        7:00 p.m.

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

John reported on the pavement cores performed by Geo-Test.  The cores showed different pavement thickness in different areas.  They are still analyzing the report to determine whether to peel existing asphalt, or perform a mill and overlay on the roads.  John will have more to report at the April meeting.

Annual Report:  Western Racine County Health Department

Cheryl Mazmanian, Director of Public Health , addressed the Board.  Cheryl provided an overview of 2006 public health activities including the following highlights:

·         Attendance at immunization clinics continues to decrease.   However, the number of immunizations provided to each child is increasing.

·         More clinics are being offered at the Health Department office.

·         Communicable diseases were up 20% last year.  However, this is believed to be the result of an emphasis on better reporting 

·         Bioterrorism preparedness activities continue.  A mass clinic exercise was performed to help determine best practices in the case of distributing medicines to the population.

·         Food complaints continue to be the second highest environmental investigation request.

·         An epidemiologist has been hired part-time to compile death statistics in the area.  The leading cause is cancer, with heart disease second.  This same trend is found throughout the country.

·         In 2006, $234,000 in grant monies were acquired to offset costs incurred with home visitation, teen pregnancy prevention, lead poisoning, WIC clinic and child care provider programs. 

·         A bi-lingual home visiting nurse was paid for through a United Way grant.

Jill Scheeley, Public Health Nurse, reported on statistics specific to Rochester including the following highlights:

·         The 2006 per capita cost for health services to Town of Rochester residents was $4.34.

·         Immunization Clinic schedules have been consolidated to fewer locations due to decreased attendance.

·         In 2006, 148.75 nurse hours were provided to Town residents for disease investigation, home visits, environmental investigations, education and indirect services.

·         There were six communicable diseases reported for Town of Rochester residents.

·         There were fourteen births to Town residents in 2006.

Cheryl and Jill were thanked for the services provided by the Health Department and their presentation.

March 14, 2007                                   REGULAR BOARD MEETING                                        7:00 p.m.

Application for Conditional Use to store construction/ landscape equipment, including a +12,000 square foot all steel building and outdoor parking area:  32635 Academy Road

Applicant:  Justin Koch

Tax Parcel(s): 014031909007020 (13.52 acres)

Justin Koch addressed the Board explaining his request.  Paul reported on Plan Commission consideration of this application.  One condition imposed by Racine County restricted storage of materials on site and another stated the two adjacent parcels owned by Justin need to be combined.  Justin indicated his need to store gravel and mulch on site in concrete bunkers.  The Plan Commission had no problem with this request and did not feel the parcels need to be combined.  The Plan Commission recommended approval with notice to Racine County indicating no objections to removing the two conditions.  Mike moved, 2^nd by Gary to approve the application for conditional use to store construction and landscape equipment, including a +12,000 square foot steel building and parking area at 32635 Academy Road.  Motion carried.

Site Plan Review to allow sale of fireworks from a canopy tent June 22 – July 6:  2723 Beck Drive (Burger King parking lot)    Applicant:  Heather & Vince Siegel

Tax Parcel(s) 014031901021000 (.88 acre)

Heather and Vince Siegel addressed the Board explaining their request.  Paul reported on Plan Commission consideration of the application.   They recommended approval, but had one question.  They wanted to ensure that all fireworks sold at the proposed location are legal in the State of Wisconsin.  Vince explained the fireworks are legal for sale and Sheriff’s Deputies stop by frequently to ensure so.  Gary moved, 2^nd by Mike to approve the site plan application to allow sale of fireworks from a canopy tent June 22 – July 6 at 2723 Beck Drive.  Motion carried.

Petition regarding use of Town land in Scottsdale Subdivision

Ken Thiede addressed the Board presenting a petition of ten signatures stating opposition to use of the wetland conservation area in their subdivision for ATV (all terrain vehicle) use.  It was reported that several neighborhood children have starting using the land in this way, causing large ruts and disrupting the local wildlife.  The noise level is a nuisance.  Upon research, it was found that this land is deeded to the Town of Rochester, but there are no local ordinances to regulate these activities.  In the past, there has been no need because neighbors respected the area.  Now, rules are needed.  Those participating in ATV use have refused to respect the wishes of their neighbors.  Correspondence from the Town attorney verified an ordinance needs to be drafted.  Gary moved, 2^nd by Paul to have Atty. Hotvedt draft an ordinance prohibiting the use of motorized vehicles.  Any additional regulation the attorney feels appropriate to control activities on public land should be included.  After passage, a sign should be posted stating the new rules.  Citations should then be written for violation of the new ordinance.  Motion carried.

Proposal to revise Building Permit Fee Schedule to reflect Erosion Control Inspection and State Seal costs:  Jim Deluca

Jim Deluca addressed the Board.  He reported on Department of Commerce increases to the  State seal fee.  Newly implemented erosion control requirements will also be requiring more building inspection time.  These requirements include increased record keeping and additional inspections.  He also wishes to revise the permit fee schedule because the one currently in use is somewhat confusing in the plumbing permit area.   It needs to be reorganized so that fixture fees are simplified.  He will also be revising permit application forms and would like them published on the website when the new fee schedule is complete.  Consensus of the Board was for Jim to prepare the revised permit fee schedule for discussion at next month’s meeting.

Resolution #3-2007 “A Resolution authorizing the Town Clerk to submit Applications and Reports for Department of Natural Resources Recycling Grants”

Betty reported the DNR has asked all municipalities to update their resolution to include corrected statutory references.  Gary moved, 2^nd by Mike to approve Resolution #3-2007.  Motion carried.

Boundary Agreement Process

Betty reported authorizing boundary agreement resolutions have been passed and forwarded to the necessary parties.  Letters have also been sent to municipal neighbors notifying them of the change in direction for the Town and Village of Rochester’s pursuit of consolidation.  In recent communication, Atty. Hotvedt indicated it would take about one month for him to revise the boundary agreement template.  During this time, Town and Village Boards should begin discussing terms of the agreement.  Consensus of the Board was to schedule a joint meeting with the Village of Rochester Board on either March 26^th or March 27^th.

March 14, 2007                                   REGULAR BOARD MEETING                                        7:00 p.m.

Request for Letter of Recommendation:  Safe Routes to School Program

Betty reported on correspondence received from Rebecca Ewald, Village of Waterford Administrator, regarding application for a grant to install a widened paved shoulder along CTH W or Jefferson Street.  This is to benefit both Waterford and Rochester residents in providing a safe option for children to bike or walk to school.  Rebecca asked for a letter of support to include with her grant application.  Gary moved, 2^nd by Mike to send a letter of support for the “Safe Routes To School” grant application.  Motion carried.

Spring Newsletter presented for addition or correction

Consensus of the Board was to approve the Newsletter for distribution.

Period for Public Comment:

Adam and Sheryl Schaefer addressed the Board regarding drainage problems.  They purchased the property at 32820 Seidel Drive last year and have had water in their basement since Christmas.  Since the Spring thaw, the pond in their backyard and the side yard is overflowing.  Chris Birkett reported on his visit to the property.  He indicated some culverts need cleaning, including the one under the Schaefer’s driveway entrance.  However, the ditch is flat, with less than two inches drop over a substantial distance.   Consensus of the Board was for Chris to work with Racine County Public Works to clean the culverts and regrade the ditch.  However, it was noted that there has been water problems there for many years and this may not provide a solution.  The Schaefer’s are working with a contractor on other solutions. 

Mike moved, 2^nd by Gary to adjourn at 9:15 p.m.  Motion carried.

Respectfully submitted,

Betty J. Novy, CMC

Clerk-Treasurer

March 14, 2007  ROCHESTER SEWER UTILITY DISTRICT #1 BOARD MEETING     9:15 p.m.

Meeting was called to order at 9:15 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.

Resolution #4-2007 Establishing the Sewer Rate for 2723 Beck Drive, a “Burger King” Restaurant

Mike moved, 2^nd by Gary to adopt Resolution #4-2007 establishing the unit count for the Burger King Restaurant at 2723 Beck Drive at 4.77 units.  Motion carried.

Respectfully submitted:

Betty J. Novy, CMC

Clerk-Treasurer

March 27, 2007                                   SPECIAL 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, was also present.

Ordinance #2-2007 for the creation and adoption of Chapter XLVII- Town Property of the Code of Ordinances for the Town of Rochester Municipal Building

Board members discussed the need for the ordinance and possible sale of the wetland conservation area abutting Scotsdale Estates.  Mike moved, 2^nd by Paul to adopt Ordinance #2-2007.  Motion carried.

Gary moved, 2^nd by Mike to adjourn at 7:13 p.m.  Motion carried.

Respectfully submitted,

Betty J. Novy, CMC

Clerk-Treasurer

March 27, 2007                        JOINT TOWN/VILLAGE BOARD MEETING                          7:00 p.m.

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, was also present.

Optional Local Comprehensive Plan Report:  SEWRPC

Correspondence from SEWRPC (Southeastern Wisconsin Regional Planning Commission) regarding costs for preparing a local comprehensive plan report was reviewed.  Local municipalities may choose to use Racine County’s Comprehensive Plan or have their own plan drafted.   Costs for preparation of a local plan range from $6,000 to $8,000.  Bill Weidert moved, 2^nd by Paul Beere not to take advantage of the local plan option, but to use the Racine County Comprehensive Plan.  Motion carried.

Drive and Parking Lot Resurfacing:  Rochester Fire Station

Novy reported a request from the Fire Chief to repave the Fire Station parking lot.  This was brought up during last year’s budget hearing.  Board members indicated they did not get the impression that the repair was needed immediately and did not budget for it this year.  Consensus of both Boards was to have whoever is awarded the Town’s 2007 road project provide a bid on paving the parking lot so that estimated costs can be considered for inclusion with the 2007 budget.   Bill Weidert moved, 2^nd by Paul Beere to table the issue at this time, but to get a bid with the road work.  Motion carried.  

It was also requested that a timetable for replacement of fire department trucks be provided. 

Discussion of Boundary Agreement Terms

The “Cooperative Boundary Agreement Checklist” provided by the Department of Administration was reviewed.  The Clerk reported that steps outlined in the “Authorizing Resolutions” section had been completed.  Work began on the steps listed under item number two “Cooperative Plan”.   A contact person to speak on behalf of both municipalities was identified as the Clerk-Treasurer.  Information on current land use and physiographic conditions of the territory can be obtained from the Land Use Plan. 

It was verified that a ten year term is the minimum for the agreement.  Discussion between Town and Village Board members identified several issues that will have to be considered and/or resolved as a sequence of jurisdictional transfers of territory, from Town to Village, is determined. 

The timetable for transfers will have to consider the following:

·         The Village’s zoning code will have to be updated to include district designations that reflect those found within any transferred territory.  Consensus of both Boards was that Racine County’s zoning language should be mirrored so that non-conforming parcels are not created by changes to such items as minimum lot sizes, road frontage, setbacks, etc.

·         As territories are brought into the Village that have private wastewater systems, zoning language must be in place to address permit and monitoring requirements.  At present, Racine County handles these issues for the Town.

·         Urban service areas will have to be revisited.  It was not seen that combining the two municipalities will change the approved sanitary sewer service area already defined by the Western Racine County Sewerage District.   However, creation of a municipal water utility to service potential commercial development along the Hwy 36 Corridor will most likely become an item for consideration. 

·         Revenue and expense sharing should also be discussed.  As territories are transferred to the Village, attention should be paid to the financial impacts in terms of both revenues lost and gained from the transferred tax base, and the maintenance and administrative costs inherited with any particular territory.   The general condition of roads in both municipalities should be rated and compared.   It will be important to watch the impacts on both municipal mill rates throughout the process. 

·         Village ordinances will have to be updated to reflect the characteristics of incoming territory.  Town and Village ordinances should be scrutinized and then updated into a Village Code of Ordinances that considers the best of both.

March 27, 2007                        JOINT TOWN/VILLAGE BOARD MEETING                          7:00 p.m.

A question arose regarding who will benefit the most from consolidation.  Mike Weinkauf stated some residents on the west side of the Town feel the only benefit will be increased services and tax value for what is now the Village.  They do not see how they will gain from the merger.   This concern was discussed by Board members.  Most did not feel consolidation in itself will impact service levels.  Service levels will stay the same as they are now, or grow based on the needs of the community.  If a municipal water utility is formed to benefit any particular area, it will be supported by user fees- not tax money.  Only those benefiting from use of a utility will pay its fees.   The anticipation is that the tax rate will remain steady in both municipalities.  However, growth occurring in the Town or Village will help offset shared costs of the Fire Department, Library, Municipal Building and administrative staff.   Since these costs are shared based on each municipality’s valuation, increases to either municipality’s value will offset costs to the other. 

General consensus was that a consolidated community will be in a better position to finance demands for increased services into the future.   Demands for increased police, fire and rescue services will grow as area population continues to grow.   Rochester cannot stand as an isolated community.    Increased area population and traffic generated by new commercial facilities in the area will impact Rochester with increased needs for police service, fire and rescue services, road maintenance, etc.   These costs will be more manageable as a combined community.  Any efforts to increase the commercial tax base in either the Town or Village offset these impacts on residential taxes.  A concern was stated that if Rochester fails to act in this area, most of its valuable commercial areas will be lost to surrounding municipalities.

Consensus of Board members was to contact George Hall for a copy of the boundary agreement that has been used to consolidate communities in the past.  This is to be made available to all Board members to see how the agreement was outlined and how their consolidation progressed.  Several examples of revenue sharing agreements should also be requested.   

Gary Beck stated his opinion on how jurisdictional transfers should occur, with the first area identified as west of STH 36 between Village of Waterford and Village of Rochester corporate boundaries.  The second area he thought best was the “triangle area” between State Highway 36, State Highway 20 and County Highway D.  The third he saw as the rest of Section one.  He then saw the series of jurisdictional transfers continuing south and west until the entire Town was brought into the Village within the ten year period. 

A meeting date of Wednesday, April 25, 2007 at 7:00 p.m. was set for continued discussion.  The attorney is to be notified of a deadline of Monday, April 9^th to submit a revised boundary agreement template for Town and Village of Rochester.  He is also to be asked to attend the meeting on the 25th.  In the meantime, Board members are to forward any specific questions they have to the Clerk.  When appropriate, they are to be forwarded to George Hall with an invitation to attend an upcoming meeting to discuss the issues.

Mike Weinkauf moved, 2^nd by Russell Kumbier to adjourn at 8:55 p.m.  Motion carried.

Respectfully submitted,

Betty J. Novy, CMC

Clerk-Treasurer