Meetings for November 12, 2007 and November 20, 2007.

NOVEMBER 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. 

Mike moved, 2^nd by Paul to approve minutes of the October 2, 8 & 16, 2007 meetings.   Motion carried.

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

Town General Fund Disbursements:

DECEMBER 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 recommended reinvestment of CD#29028213473 for six months at the best rate of interest available.  The Board concurred. Also noted, a change in the State Budget made funds available for Rochester to hold a household hazardous waste collection event in 2008.  Local costs were estimated at approximately $2,000.  Consensus of the Board was to confirm the Town’s interest in offering the program.  Budget amendments can be made to accommodate costs.   Those present were reminded of the 2008 Budget Hearing, scheduled for Tuesday, November 20^th at 7:00 p.m. 

Sheriff’s Department.  A report was not available. 

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

• Lift Station- Monthly exercise of lift station valves and generator.   

• Park- Bathroom is now closed for winter.  Continue to check and dump trash.  Storage shed is losing shingles and chain link fence around the ball diamond needs some maintenance. 

• Roads.  Regular checks, reviewed needs for crackfilling and patching, tree removal and brush cutting, for budget.  One “No Parking” sign was removed by vandals.  One street name sign was also stolen.  Chris is in the process of replacing as soon as the signs come in.  The ditch project on Fox Grove Drive will be happening in 2008.  The County was unable to schedule it this year.  The town is basically in good shape for winter.

• Miscellaneous.  Diggers hotline tickets and complaints are current. 

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

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

Site Plan Review to co-locate up to three antennae at 150’ height on 190’ existing tower, including concrete pad with equipment

Location:  28622 Rowntree Road

Applicant:  Cricket Communications; Agent:  Jeff Fowle

Tax Id:  014031912010000

Novy reported on Plan Commission consideration of this item.  The Plan Commission recommended approval of the site plan with no additional conditions other than those imposed by Racine County.  Paul moved, 2^nd by Mike to approve the site plan application made by Cricket Communications to install up to three new antennaes and a concrete pad with equipment at 28622 Rowntree Road.  Motion carried.

Amendment to the Development Agreement for the Rock Ridge Subdivision to extend the final surface installation deadline to November 15, 2008

Steve Kempken and Steve Knurr addressed the Board.   Concerns were expressed about installation of the final asphalt surface before the subdivision was built out and the impact construction vehicles would have if the final surface was installed prior to this happening.  Terms of the developer’s agreement were discussed.  Mike moved, 2^nd by Paul to delay determination as to when to require installation of the final surface for Rock Ridge to June 30, 2008, with a decision to be made at that time whether to require installation of the final surface by October of 2008 or to require a deposit of escrow funds with the Town so that the Town may install the final surface at their discretion.   Motion carried.

Application for Pond Permit:  Dionn Dassow;  31340 Academy Road

Dionn Dassow addressed the Board.  He explained his plans to construct a one acre pond at his residence.  The water level is planned for one foot below his neighbor to the west’s driveway.  There is a natural flow of water to the pond’s location through established drain tiles.  The pond will not change the flow of water, but will hold it and slow discharge to connected tiles which drain to the east.  Dionn indicated he would install a perforated pipe riser in order to keep the tile clean.  John Tierney reported on review of the permit application.  The Town’s ordinance requires that ponds be setback 30 feet from the property line.  This pond violates that requirement, but is already in an established wetland.  DNR approval has been received.   Dionn explained he is waiting for approval from Racine County Public Works for work he will do within the right of way.  He plans to construct a berm along Academy Road as part of the project.  John Tierney recommended the Town defer approval of the pond’s setback and berm construction to Racine County because it is their right of way.   Gary moved, 2^nd by Mike to approve the application for a pond permit as submitted by Dionn Dassow at 31340 Academy Road.  Motion carried.

Work Order Contracts for Recurring Engineering Services:  Baxter-Woodman Engineering

John Tierney reported on an alternative type of engineering service agreement.  A primary agreement allows for individual projects to be authorized by work order rather than executing a full contract in each instance.  A sample agreement was reviewed that specified a work order be issued for any project request over $2,000.   Consensus of the Board was for Baxter-Woodman to draft a primary engineering services agreement for a period of one year beginning January 1, 2008, with individual work orders required for any project request over $1,000.  The agreement is to be provided for consideration at the December Board meeting.

Rochester Land Use Plan- Request for discussion of Plan Elements by Mike Weinkauf

Mike reported on an existing difference between the philosophies of the Plan Commission and Town Board on five acre density requirements as applied to land divisions in non-sewered areas.  Mike indicated a desire to clean up those disagreements before consolidation with the Village of Rochester.   He feels the 50% open space requirement imposed in the updated Land Use Plan, which is tied to a three-acre density allowance, is unrealistic for southeastern Wisconsin.  Mike noted Southeastern Wisconsin Regional Planning Commission (SEWRPC) has identified 50% of the lands in Rochester as undevelopable.  He proposed amending the Town’s Land Division Ordinance so that these lands are protected from development and to allow three acre density for land divisions in the remainder of the Town’s unsewered areas.  Board members concurred five acre lots are not practical for the average person to maintain and are likely to result in unkept areas and/or future divisions of the parcels.  Paul stated his concern that restricting lands SEWRPC identified as undevelopable from density calculations would take away development rights for a number of large land owners in the Town.  It was recognized that a change has occurred in the community.  Board members noted agriculture is no longer a predominant use of land.  Gary stated a preference for a minimum three-acre lot sizes and felt the Town Board should check into an ordinance amendment. 

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

Bob Willard addressed the Board.  He stated under any scenario there are winners and losers.  The concept is not as simple as five or three acre density or lot size.  The Land Use Plan Committee spent many hours debating density calculations and felt the 50%

open space requirement was the answer to forcing smaller lot sizes and reserving the set aside areas for future generations to determine their best use. 

Mike indicated it is not fair to force today’s land owners to pay for that open space.  Others may capitalize by investing in parcels restricted from development at a decreased price.  He does not feel that is fair to people who own the land today.   

Consensus of the Board was to refer this matter to the Town Attorney for counsel on which option he would advise- revising the Land Division Ordinance to state a minimum three acre lot size or three acre average density for areas designated as Rural Density Residential Development.   Additionally, the Board would like to incorporate protection of the land SEWRPC classified as undevelopable into the ordinance.  The intent stated by the Board  is to use land wisely and not to the detriment of the people.

The Town attorney is to review the Land Division ordinance and draft recommendations based on the direction of the Board.  A special meeting is to be scheduled when the attorney is ready and available to attend.

Appointment of Clerk-Treasurer and Deputy Clerk-Treasurer:  November 2007 – November 2010

Mike moved, 2^nd by Gary to re-appoint Betty Novy as Clerk-Treasurer and Sandra Swan as Deputy Clerk Treasurer for three year terms effective November 2007 – November 2010.  Motion carried.

Presented for addition or corrections:  Winter Newsletter

Novy explained the front page was left blank for an article on consolidation after Town and Village Boards meet in December.  The final newsletter will be distributed for review before printing.  Consensus of the Board was to approve the rest of the newsletter as printed.

Period for Public Comment.   There was none.

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

Respectfully submitted,

Betty J. Novy, CMC

Clerk-Treasurer

NOVEMBER 20, 2007                                 PUBLIC BUDGET HEARING                              7:00 p.m.

The hearing was called to order at 7:00 p.m. by Town Supervisor 1, Paul Beere. Town Supervisor  2, Mike Weinkauf, was also present. Town Chairman, Gary Beck was absent.

In addition to Board members, there were four electors present.

Also present:  Deputy Matthew Prochaska, Chris Birkett; Public Works Supervisor, Betty Novy; Clerk-Treasurer and Sandi Swan; Deputy Clerk-Treasurer

Electors then reviewed the budget and questions were taken from the floor.

Beere stated that the next order of business was to approve the 2008 highway expenditures pursuant to sec. 81.01(3) of the Wisconsin Statutes.

The public hearing portion of the meeting was closed and the Special Meeting of the Electors was called to order.

SPECIAL MEETING OF THE ELECTORS

Mike Weinkauf moved, 2^nd by Pat Hurley approve $351,308.00 for total 2008 highway expenditures pursuant to sec. 81.01(3) of the Wisconsin Statutes.  All were in favor.  Motion carried.

Chris Birkett moved, 2^nd by Mike Weinkauf to adopt $551,811.00 as the 2007 tax levy to be paid in 2008 pursuant to sec. 60.10(1)(a) of the Wisconsin Statutes.  All were in favor.  Motion carried.

Mike Weinkauf moved, 2^nd by Chris Birkett to adjourn the Special Meeting of the Electors at 7:17 p.m.  Motion carried.

SPECIAL TOWN BOARD MEETING

The meeting was called to order at 7:17 p.m. with Paul Beere and Mike Weinkauf present. Gary Beck was absent.

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

Adoption of Year 2006 Budget for the Town of Rochester

Weinkauf moved, 2^nd by Beere to adopt the 2007 budget as presented with a total tax levy of $551,811.00.  Motion carried.

Weinkauf motioned, 2^nd by Beere to adjourn the Special Town Board Meeting at 7:22 p.m.

Respectfully submitted by,

Sandi Swan

Deputy Clerk-treasurer