Meetings for May 14, 2007 and May 23, 2007

May 14, 2007                                                 BOARD OF REVIEW                                               7:00 p.m.

Meeting was called to order at 6:45 p.m. with Gary Beck, Paul Beere and Mike Weinkauf present for the purpose of calling Board of Review into session during the 30 day period beginning on the 2^nd Monday of May, pursuant to Wis. Statutes Sec. 70.47(1).

Betty Novy, Clerk-Treasurer, was also present.

Paul moved, 2^nd by Mike to adjourn the Board of Review to reconvene July 16, 2007 from 5:30 p.m. to 7:30 p.m. for the purpose of reviewing and examining the Assessment Roll of real and personal property in the Town, and all sworn statements and valuations of real and personal property therein, and correcting all errors in the Roll, whether in description of property or otherwise, and to perform such other duties as imposed by law.  Motion carried.

Gary moved, 2^nd by Mike to adjourn at 6:47 p.m.  Motion carried.

Respectfully submitted,

Betty J. Novy, CMC

Clerk-Treasurer

May 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. 

Gary moved, 2^nd by Paul to approve minutes of the April 9 & 25, 2007 meetings as printed.  Motion carried.

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

Town General Fund Disbursements:

May 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 on road project bid outcomes and available road funds.  Consensus of the Board was to invest $140,000 in a certificate of deposit at the best rate and term available.  Additionally, it was reported that Rochester was chosen by the Racine County Town’s Association unit for sponsorship of one individual to attend the Washington D.C. conference in September.   They will pay up to $850.00 towards attendance.  No Board members were available to attend.  Betty is to notify the Town’s Association so that the opportunity may be passed on.

Sheriff’s Department.  A written report was submitted showing the following statistics for April:  two accidents; eight speeding citations, nine traffic citations, nine parking citations and twenty-one warnings were issued.  Complaint statistics were as follows:  thirty-six complaints originated through calls directly to the Sheriff’s Department; Deputy Prochaska assisted with twenty-five additional complaints, originated twenty-six on his own, and performed follow up on one.  He reported nineteen work days, 169.75 hours and 1,681 miles driven.  Three foot patrols were conducted. 

Deputy Prochaska reported on several animal complaints stating that Town ordinances only address dogs at large and do not reference other animals.  There have been several problems with cats and farm animals.   Deputy Prochaska requested that the ordinance be amended to include other animals so that a tool is available with which to address these complaints.  Consensus of the Board was not to change the ordinance, but for Deputy Prochaska to try to address the problems directly with the owners.  

Deputy Prochaska reported on dump trucks and dust on Highway J due to the Highway 36 bypass project.    It was noted that sweepers are out consistently.   Highway 36 lane closures are expected soon and more attention will be given to that area when that occurs.

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

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

Chris reported on a quote received from Crack Filling Services in the amount of $4,500.00.  Chris explained the work they did last year was excellent and this quote is fair.  He requested limiting competitive bidding to every other year for this service.  Mike moved, 2^nd by Gary to approve Crack Filling Services performing this year’s crack-filling work at a cost not to exceed $4,500.00.  Motion carried. 

Additionally, Chris reported on a drainage valve installed by the DNR on the Wegge property that regulates the level of one of his ponds.   The valve is closed and water was observed back-flowing into a drain tile system that services the Weber Estates Subdivision in the Village.  Mr. Wegge felt opening the valve would exacerbate the problem by releasing that much more water downstream as it flows to the river.  Chris indicated a shallow swale might allow the water to flow away faster. 

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

John reported a letter will be sent to Coyote Territory regarding their erosion control measures.  Additionally, specifications for the Case Eagle Baseball Diamond lighting project were presented to Board members for review.  John has been working to resolve a fence issue between Rookery Landing Estates (Greg Reesman) and Mary Krall, an abutting property owner.  Text changes to address drain tile locations and ground water levels in the land division ordinance were also presented for consideration next month.

Sale of Scotsdale Wetland Conversation Area:  Sandra Thiede

Sandra Thiede thanked the Board for recent installation of a sign regulating activities in the Scotsdale Wetland Conservation area.  She explained several residents became aware of direction given to the Town Board at the Annual Meeting to dispose of this land.  Since then, her husband contacted Racine County Public Works as to their willingness to accept the land as an addition to Saller Woods (a County Park that abuts the parcel).  Ken Thiede presented correspondence from Racine County stating that willingness.  He also indicated there was some talk among property owners in the subdivision about the possibility of purchasing this land and then deeding it to the County so that it could remain public space.  There was question as to what kind of value the Town Board feels the land has.   

There was discussion on how the land came into the possession of the Town and the fact that a homeowner’s association never formed in the subdivision.  Board members indicated concerns over liability issues that could arise if the Town retains ownership of the land.  Board members indicated the direction given at the Town meeting was to dispose of the land in the “best manner possible in the best interest of the Town”.   It was felt the best way to determine the land’s value is to put the land up for sale to the highest bidder.  

Residents Kathy & Gerald Larmore addressed the Board stating their opinion that the land should be preserved as open space for everyone in the subdivision and deeded to Racine County.

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

Resident Craig Campbell addressed the Board stating his opinion that every one benefits if the land remains public.  It would prevent any one individual from owning the land and participating in activities that may prove dangerous to the abutting residential properties, such as hunting.

Resident Rhoda Runzheimer addressed the Board stating her opinion that the conservation area should remain a protected area and that the value of the land to the community is to keep it as is. 

Consensus of the Board was to refer the issue to the Town Attorney for direction on what the Board’s options are for disposal of the land.  The item is to be put on the agenda for the June meeting.

Request for reclassification of recommended land use for parcel owned by Racine County

815 N. English Settlement Road:  Frank Risler, Racine County Planning and Development

Tax Parcel: 014031913002000 (18.2 acres)

Betty reported on Plan Commission consideration of this item.  The Plan Commission recommended reclassification of this land as rural residential or, based upon review of a reasonable business plan, light commercial use.  Mike moved, 2^nd by Gary to accept the Plan Commission’s recommendation to re-classify the land at 815 N. English Settlement Road to rural residential or light commercial upon presentation of an acceptable development plan.  Motion carried.  Betty is to send Racine County notice of the Board’s decision.

Gravel Pit Permit Renewal Applications:

Illinois Mining Corp./Parkview Sand & Gravel: 31844 Washington Ave;

Payne & Dolan Inc. (two sites): N. Browns Lake Rd & Washington Ave., Honey Creek

Betty reported on Plan Commission consideration of gravel pit permit renewals.  Recommendations for approval of each permit included a condition that they be subject to inclusion of Racine County conditional use permit requirements and that Saturday hours not exceed last year’s permitted amount.  The Town attorney has updated each permit to address those conditions. 

Mike moved, 2^nd by Gary to approve renewal of Illinois Mining Corporation’s gravel pit permit with the recommended revisions.  Motion carried.

Mike moved, 2^nd by Paul to approve renewal of both Payne & Dolan’s gravel pit permits with recommended revisions.  Motion carried.

Review of bids and recommendation for award:  2007 Road Improvements

Bids for the 2007 Road Improvement Program were received as follows:  Payne & Dolan, $112,931; and B.R. Amon & Sons, $115,924.  John recommended award to Payne and Dolan as the lowest qualified bidder.  Gary moved, 2^nd by Mike to approve Payne and Dolan’s bid for the 2007 Road Improvement Program.  Motion carried.

Resolution #4-2007 to update the Building Permit Fee Schedule to reflect Erosion Control Inspection and State Seal costs

Betty reported this resolution was drafted to adopt the fee changes approved at the April meeting.  Gary moved, 2^nd by Paul to adopt Resolution #4-2007.  Motion carried.

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

Betty reported on Plan Commission consideration of the plan.  They recommended adoption as a planning guide.  Mike reported on review of the document.  He indicated some concern regarding SEWRPC’s continued recommendation of five-acre average density in unsewered areas despite of Department of Agriculture concerns about loss of farmland to urban sprawl.  He did note this being the first time the plan addressed water quality and noted the Rochester area receives water from a Jefferson County aquifer.   The City of Waukesha is on the same aquifer and is having water problems.  They are currently soliciting ways to receive water from Lake Michigan.   Mike disputed SEWRPC’s recommendation to place the majority of the area’s population on sewer lines instead of replenishing groundwater through private systems.  New onsite systems help keep clean water in the area.  Mike feels this report does not adequately address problems that will arise before 2035.  Consensus of the Board was to table this item for further consideration at the June meeting.

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

Application for Special Exemption Permit to allow outdoor music: 

The Bunker, 29224 Evergreen Drive

Saturday, May 19, 2007 from 3:00 p.m. to 7:00 p.m.- VVA Poker Run

Mike moved, 2^nd by Gary to approve the special exemption permit for the Bunker for Saturday, May 19^th.  Motion carried.

Application for Special Exemption Permit to allow outdoor music: 
Hitch ‘n Post Saloon, 120 N Browns Lake Drive

Saturday, June 9, 2007 from 7:00 p.m. to 11:00 p.m.- Wedding

Saturday, August 25, 2007 from 7:00 p.m. to 1:00 a.m.- Kid Care ID Pig Roast/ Poker Run

Gary moved, 2^nd by Mike to approve special exemption permits for the Hitch ‘n Post Saloon for Saturday, June 9^th and Saturday, August 25^th.   Motion carried.

Application for Operator’s License:  Sheena Rich

Betty reported this license previously revoked by the Board in August of 2006 after Sheena violated the terms of her probation.   Sheena is not officially employed by any Rochester establishment at this time.  She is requesting consideration of several Rochester employers.   Through discussion, it was discovered that Sheena’s felony charges for possession of THC will most likely be reduced to a misdemeanor upon successful completion of her probation.  Paul moved, 2^nd by Mike to deny the operator’s license application submitted by Sheena Rich.  Motion carried. 

Board members indicated Sheena’s application may be reconsidered after six months upon submittal of:

• a letter of support from the owner of a licensed Rochester establishment after completing six months of satisfactory employment: and
• submittal of a letter of support from her probation officer.

Application for Operator’s License:  Deanna M Mueller, The Bunker

Betty reported on Deanna’s submittal of an operator’s license held in the Village of Waterford that expired in June of last year.  A criminal background check showed various offenses from 1996 – 2007.  Mike moved, 2^nd by Paul to deny the operator’s license for Deanna M. Mueller.  Motion carried.

Report on Racine County Multi-Jurisdiction Planning Committee:  Mike Weinkauf

Mike reported on progress of the Multi-Jurisdictional Planning Committee.  To date, housing, transportation, agricultural and natural resources, conservation of groundwater and prime agricultural lands have been discussed.   The Racine County Comprehensive Plan will ultimately address nine elements mandated by Smart Growth legislation.   The Committee still has low attendance from participating municipalities.  40-60% attendance is consistent.   A newsletter titled “Racine County Tomorrow” will be published and distributed county-wide to keep residents informed of the committee’s progress.   In addition, a comprehensive survey is being distributed to a select percentage of the population that provides residents an opportunity to rate qualify of life issues in Racine County.    A question in the survey addresses funding of land preservation programs and how residents are willing to fund such. A $2,000,000 grant was awarded to Racine County because of county-wide participation in the application and plan.  Meetings are held the third Thursday of every month.  In order to invite public participation, meetings will be held both on the east and west ends of the county.

Review legal correspondence on Boundary Agreement options; set date for next meeting

Correspondence was presented to the Board from Atty. Hotvedt which addressed several Boundary Agreement issues that were brought up at the last Joint Town/Village Board meeting.  Consensus of the Board was to review the correspondence and schedule a joint Board meeting with the Village Board for Wednesday, March 23^rd at 7:00 p.m.

Rochester Newsletter format

Betty presented a new format for the newsletter including both Town and Village news.  The proposal was to distribute the one newsletter to both communities, replacing current separate issues.  Consensus of the Board was that a joint format is acceptable.  It was noted some meeting times were incorrect in the previous version.  Betty is to make sure any times are accurately printed.

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

Period for Public Comment:  Rhoda Runzheimer questioned the Board’s decision not to accept the Town’s Association offer to send someone from Rochester on a Washington D.C. trip.  Board members clarified sponsorship is limited to Board members and that this is a Town’s Association event.  Attendance is sponsored so that a representative of the Town Board could attend representing Town government in Wisconsin.  It is not available to the general public.

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

Respectfully submitted,

Betty J. Novy, CMC

Clerk-Treasurer

May 23, 2007                                      SPECIAL BOARD MEETING                                        6:45 p.m.

Meeting was called to order at 6:45 p.m. with Gary Beck and Mike Weinkauf present.  Paul Beere was absent.

Application for Special Exemption Permits to allow outdoor music: 

The Bunker, 29224 Evergreen Drive

Sunday, June 3, 2007 from 1:00 p.m. to 5:00 p.m.- Poker Run

Saturday, June 9, 2007 from 2:00 p.m. to 6:00 p.m.- Birthday Party

Sunday, June 10, 2007 from 1:00 p.m. to 5:00 p.m.- Flag Disposal Ceremony

It was noted all events ended by 6:00 p.m. or earlier.  Mike moved, 2^nd by Gary to approve all permit applications.  Motion carried.

Gary moved, 2^nd by Mike to adjourn at 6:56 p.m.  Motion carried.

Respectfully submitted,

Betty J. Novy, CMC

Clerk-Treasurer

May 23, 2007                              SPECIAL 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, Russ Kumbier, Bill Weidert, Dave Pattengale and Mark Tamblyn present from the Village Board.  Jim Henning and Dean Stapleton were absent.

Betty Novy, Clerk-Treasurer, was also present.

Town and Village of Rochester Cooperative Plan Agreement

Correspondence from Atty. John Hotvedt was reviewed explaining the results of a conference call with George Hall, Department of Administration.  Several issues were explained, including mandatory vs. voluntary attachments, revenue sharing, cost and procedures of voluntary attachments and the next steps Town and Village of Rochester should take in their boundary agreement.

Determine method of jurisdictional transfers (attachments)

Consensus of both Boards was that voluntary attachments throughout the agreement term is the preferred method of jurisdictional transfer, with complete consolidation of Town and Village territory into one Village at end of term.

Determine appropriate term for agreement

Based on initial input by George Hall, consensus of both Boards was that ten years is appropriate.

Discuss current financial status and determine plan to equalize mill rates between Town and Village throughout agreement term

A handout was reviewed showing current year budgets, capital balances and mill rates of Town and Village.  The 2007 equalized mill rate for the Town of Rochester was $2.158; the 2007 equalized mill rate for the Village of Rochester was $2.015.   The Town of Rochester showed a 2006 year-end capital balance of $255,373, with $161,710 carried over to the 2007 budget.  The Village of Rochester showed a 2006 year-end capital balance of $208,951, with $45,000 carried over to the 2007 budget. 

Consensus of both Boards was that mill rates are in line at this time.  Budgets and mill rates are to be compared annually throughout the agreement term to ensure they are staying within an acceptable range of each other.   Shared service contracts and costs shall continue to be allocated to each municipality based on an equalized value basis when appropriate.  This will address the financial adjustments that may become necessary when jurisdictional transfers occur over the agreement term.

Discuss opportunities to merge service contracts throughout agreement term

Existing contracts of which both Town and Village of Rochester are parties were identified as follows:

• Rochester Volunteer Fire & Rescue Company; a contract to fund and provide fire protection and emergency medical services to both municipalities (and a portion of the Town of Spring Prairie);
• Racine County Sheriff’s Department; a contract to fund and provide the services of one full-time deputy and squad exclusive to Town and Village of Rochester;
• Rochester Public Library, a contract to fund and operate a joint public library;
• Western Racine County Health Department, a contract to fund and provide public health services to Town and Village of Rochester (and Town of Raymond, Town of Waterford, Town of Yorkville, Town of Dover, Town of Burlington, Town of Norway, Village of Waterford, Village of Union Grove, City of Burlington);
• Countryside Humane Society, a contract to fund and provide animal control services to Town and Village of Rochester (and all other municipalities within Racine County);
• Western Racine County Sewerage District, a contract to fund and operate a sewage collection system and treatment plant to provide service to Town and Village of Rochester (and Town and Village of Waterford); and
• Rochester Municipal Building and Operation of a Joint Administrative Office, an agreement to fund and operate a joint municipal building, including staffing and administrative functions of a joint Clerk-Treasurer’s office.

May 23, 2007                              SPECIAL JOINT TOWN/VILLAGE BOARD MEETING                 7:00 p.m.

Existing contracts which Town and Village negotiate separately with the same provider were identified as follows:

• Snowplowing
• Garbage and Recycling
• Auditor
• Assessment
• Engineering

Existing contracts that Town and Village negotiate separately with different providers were identified as follows:

• Building Inspection Services
• Annual Road Maintenance

Throughout the agreement term, contracts are to be monitored and terms considered so that contracts can be aligned to terminate at the same time.  Contracts are then to be re-negotiated jointly. 

Discuss status of infrastructure and set goals for end of term

Separate handouts were provided showing existing segments and mileage of Town and Village roads.  Roads were segregated between those that had been resurfaced within the previous ten years; and those that will likely need resurfacing with the next ten years.   Town roads totaled 16.16 miles; with 13.22 miles resurfaced or newly constructed within the previous ten years.  Village roads totaled 3.9 miles, with 2.34 miles resurfaced within the previous ten years. 

It was verified both Town and Village Sewer utilities participate in periodic televising of their sewer lines, with repairs performed when found necessary. 

Consensus of both Boards was that each municipality is to maintain infrastructure at their current level and perform major projects as necessary throughout the term of the agreement.  Any projects that require financing terms exceeding the agreement’s ten year term are to require both Town and Village Board approval.    Discussion was also given to the concept of combining annual street and road maintenance programs when feasible and allocating costs based on mileage percentages.

Discuss current debt levels and set target levels for end of term

Debt repayment schedules for Town and Village of Rochester were reviewed.  All existing debt will be retired by 2016.   Consensus of both Boards was that any new debt payment schedules which exceed the term of the boundary agreement are to require approval of both Town and Village Boards.  When new debt benefits assets or services enjoyed by both Town and Village, payment on such debt shall be analyzed annually so that each municipality pays a percentage of annual payments derived by dividing that municipality’s equalized value by the total equalized value of town and village for the preceding year.  When new debt benefits assets or services of only one municipality, that municipality shall incur the full payment of such debt until such time as Town and Village are merged.

Discuss mechanisms for Joint Planning

Immediately following execution of the boundary agreement, Town and Village Boards shall each appoint one representative to serve as a non-voting member on the other’s Plan Commission.   This member is to act as a liaison, reporting items of interest back to Town and Village Plan Commissions and Boards, providing input as warranted.

A clause is to be included in the boundary agreement that allows the Town and Village to purchase and/or acquire land for potential development of a business park or other public purposes if such land would become available during the term of the agreement.  Creation of one or more TIF districts are also to be allowed.  Both of these items are to be subject to approval by both Town and Village Plan Commissions and Boards. 

Another clause to be included in the boundary agreement pertains to “gray areas”, defined as those areas that may annex to abutting municipalities during the term of the agreement.    Town and Village of Rochester Boards would like input on development in those areas to assure development plans are compatible with existing development in Rochester and will not de-value those properties.

May 23, 2007                              SPECIAL JOINT TOWN/VILLAGE BOARD MEETING                 7:00 p.m.

Determine timeline for:

Ordinance comparison and text changes

Creation of a joint Zoning map and ordinance

Beginning in 2008, a joint committee will be formed.  Each municipality will appoint two individuals to the committee, with citizen members receiving per diem compensation.

The committee will be charged with the following tasks:

• merging municipal codes of both municipalities into one;
• creating a zoning map that encompasses both territories;
• creating a comprehensive zoning ordinance that encompasses those zoning districts currently used by Racine County in the Town of Rochester.  Care is to be taken to duplicate language to the extent that adoption of a new zoning code will not create numerous non-conforming instances in Rochester;
• determining what zoning functions Rochester may need to provide independently that Racine County now provides;
• identify options to provide such services;
• study the feasibility of creating a water district; and
• if feasible, define such area.

Consensus of Both Boards was to refer this information to Atty. John Hotvedt for inclusion in the Rochester Boundary Agreement.  Upon inclusion of these items, a draft copy of the agreement is to be distributed to Board members for review and input.  After input is addressed, the draft should be forwarded to George Hall at the Department of Administration for input.  The revised draft should be prepared within 30 days of this meeting, with a new meeting date to be set upon receipt of the revised document.

Mike Weinkauf moved, 2^nd by Russ Kumbier to adjourn at 8:26 p.m.  Motion carried.

Respectfully submitted,

Betty J. Novy, CMC

Clerk-Treasurer