Meetings for: August 1, 19, 27 2008.

AUGUST 11, 2008                            REGULAR BOARD MEETING                                        7:00 p.m.

Meeting was called to order by Gary Beck at 7:00 p.m. with Supervisors Paul Beere and Mike Weinkauf present.

Sandi Swan, Deputy Clerk-Treasurer, Betty Novy, Clerk-Treasurer; Christopher Birkett, Public Works Supervisor; and John Tierney, Engineer; were also present. 

Pledge of Allegiance. 

Minutes.  Mike moved, 2^nd by Paul to approve minutes of the July 14,19 &21, 2008  meetings as printed.   Motion carried.

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

AUGUST 11, 2008                            REGULAR BOARD MEETING                                        7:00 p.m.

Rochester Sewer Utility District #1 Disbursements:

Treasurer’s Report.   Betty read the report as follows: 

Also reported:

• Ordinance provision for Pond Permit Violations
• July 17 Pre-construction meeting for Evergreen Dr., several business owners attended and stated concerns over the lack of parking for patrons of the Bunker. They asked for additional parking at the meeting. They were told that plans have been finalized and this would not be accommodated in this project. They asked if the Board would consider restricting parking past the area of Evergreen that will be widened.  The Board asked Chris Birkett to look in to the feasibility of restricting the mentioned area.
• A Thank you was received from the Rochester Historical Society for the use of the building
• Town of Bristol Petition for incorporation
• Fait Abatement Order- Joint meeting with the Board, Dep. Prochaska, Faits’ and Jody Halladay was tentatively set for August 19, 2008 at 4:00 p.m. at the Fait farm.

Sheriff’s Department.        

Sgt. Kacmarcik was in attendance of the meeting; however, he reported he was on vacation for most of July. Dep. Prochaska was unable to attend the meeting.

Weinkauf questioned Sgt. Kacmarcik if Dep. Prochaska expressed any interest to him about attending Humane Officer Training and if the Sheriff’s Dept. would compensate him for doing so. Sgt. Kacmarcik stated that he hasn’t had much communication with Dep. Prochaska because of vacations.  However, any outside training that the Sheriff’s Dept. doesn’t require is at the discretion and decision of the officer and is to be taken on their own time and at their own expense. 

AUGUST 11, 2008                            REGULAR BOARD MEETING                                        7:00 p.m.

Sgt. Kacmarcik stated there is not enough money in the budget to cover those expenses. He will follow up with Dep. Prochaska on the Humane Officer Training.

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

• Lift Station- Monthly exercise of generator and valves. We did have an alarm go off on 07/18/2008, Maas & Bruesewitz were out later in the day. Cleaned floats and transducer, seems fine now. Unusual amount of grease build up in wet well is causing the problem. 

• Roads- Maple tree came down on Oak Knoll, Lancours were a big help in cleaning up; checking in with Evergreen Construction project. Called Jeff Johnson for a second mowing. Manhole repair, where pavement settled on Eagle Ridge Dr. is completed. Crack filling is all but done. Contractor ran short of material and will complete later in the summer when they are back in the area.

• Drainage – Fox Knoll situation is basically what it is supposed to be. Bike trail was not set up for any water to flow. Siedel Dr. might have some progress on that issue.

• Park – Holding off on weekly mowing to save money and ball diamond infields need work

Chris further reported receiving a quote from Peter Hying of $800 to rototill and groom the baseball fields at Case Eagle Park. This should be done on a yearly basis with the cost being dramatically lower when done annually. Consensus of the Board was to proceed with grooming the fields.

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

John further reported on recent communication with the developers of Rookery Landing Estates.  He stated he met with Bob Riggs and Greg Reesman along with their engineer today. Bob Riggs and Greg Reesman originally did not agree with the ideas Baxter Woodman proposed to correct the flooding issues on Blue Crane Ct. However, their engineer convinced them otherwise and they are willing to use some depressions on the left side for drainage. They would however, like to wait until the beans are up which is some time in November.

Certified Survey Map creating two parcels out of one; S. Westwood Dr.; Richard Reesman

Betty reported that the Certified Survey Map was reviewed by the Plan Commission who recommended approval with the correction of a typographical error. A copy of the corrected CSM was provided.

Mike moved, seconded by Paul to approve the certified survey map creating two parcels from one at S. Westwood Dr. Motion carried

Site Plan Review for an additional salt storage building at the west side shop; 31929 Academy Rd.; Racine County Public Works

AUGUST 11, 2008                            REGULAR BOARD MEETING                                        7:00 p.m.

Betty presented the conditional use permit issued by Racine County Planning and Development which was conditioned on the review and approval of the Town along with other approval conditions.  Paul added that the project is being funded by the

Department to Transportation because of the additional salt needed for the Burlington by-pass. The building will accommodate 3,500 tons of salt. Betty reported that the Plan Commission recommended approval with no other conditions other than those imposed by Racine County Planning.

Mike expressed concerned about erosion control and salt water possibly flowing into an adjacent drainage canal. Mike suggested the Town place an erosion control condition on the approval.

Mike moved, seconded by Gary to approve the storage site with the condition that all storm water is kept on site with an erosion control plan approved by the town building inspector. Motion carried.

Application for Re-Zone from M-4 to A-2 (to remove non-conforming use status from existing residences);34230 & 34118 Washington Ave; Gary LeClaire & Tom Greil

Gary LeClaire approached the Board stating his desire to add an attached garage to his house. Racine County denied a zoning permit because his property is zoned for mining. He is limited in any improvements to the house because it is considered a non-conforming use. Gary explained that his parcel was originally part of a larger land purchase by Payne & Dolan, Inc. for mining operations.  After Payne & Dolan re-zoned the parcels for mining, they decided to sell the two parcels that abut the road to continue residential use.

Paul added that M-4 zoning is not consistent with the properties around them. Betty reported that the Plan Commission reviewed and did recommend approval.

Paul moved, seconded by Mike to rezone 34230 & 34118 Washington Ave. from M-4 to A-2. Motion carried.

Lot Grading and Building Permit Survey Requirements: Baxter-Woodman Engineering

John Tierney expressed his concern that the most recent subdivisions approved and constructed in Rochester are large lot developments. Due to the flexibility of home location on these lots, the foundation elevations were not established for the developments.

To minimize the potential for drainage problems during and after construction, he proposed a grading and drainage review process that would be incorporated into the building permit process.  The Town Building Inspector is a key component in the process and plays a significant part in ensuring that proper storm water management measures are followed. The Building Inspector reviews the survey for setbacks, and any special management area issues (shoreland, floodplain, etc.). The Town also collects a $300 escrow for Town Engineer review of the permit survey for drainage, grading and driveway criteria. 

John explained that the review costs are on a case by case basis; however a typical review with no problems would cost approximately $150 and the balance of the escrow would be refunded to the homeowner/builder. Some reviews that require more time may cost the full $300 and if the price goes over the $300 escrow the Building Inspector would require the owner/builder to pay the extra amount.

John also wanted to point out that the grading and drainage review is not only needed for new subdivisions but also for in-fill development and tear downs, where the construction of a new structure can have a negative affect on existing neighboring facilities.

Mike feels this is an excellent idea because new houses are being built and the natural flow of water is affected.  Consensus of the Board was to amend the building ordinance to incorporate Lot Grading and Building Permit Survey Requirements as proposed by John Tierney. John Tierney is to write a proposed ordinance change and have it reviewed by John Hotvedt. The matter will be revisited at the October Board meeting.

Recommendation for Final Acceptance: Rock Ridge

John Tierney reported that they completed a final inspection of the public improvements in the Rock Ridge Subdivision. The final surfacing and shouldering of the roadway was completed on August 9, 2008. To the best of their knowledge, the completed

improvements have been installed and constructed in conformance with the approved plans and specifications and in accordance with good engineering and construction practice.

AUGUST 11, 2008                            REGULAR BOARD MEETING                                        7:00 p.m.

They recommend that the Town of Rochester approve release of the current surety, guaranteeing completion of the improvements, and replace with a 12-month Maintenance Letter of Credit (LOC) of a value not less than $17,540. The Maintenance LOC will serve as warranty for the materials and workmanship of the completed work.

Gary moved, seconded by Mike to accept the Rock Ridge Subdivision contingent on the submission of LOC as recommended by the Town Engineer and meeting the final legal requirements as required/approved by the Town Attorney as listed/applicable in the Developer’s Agreement. Motion carried.

Recommendation for Sewer Increase: Rochester Sewer Utility #1

A document titled “Rochester Sewer Utility District No. 1 2008 Budget Options” was reviewed.  The document showed optimistic and worst case scenarios of how high sewer treatment costs are affecting the 2008 budget.   

If the Sewer Utility continues with an $80 per quarter rate, the utility will loose approximately $40,000 this year (optimistic); or $61,500 (worst case).   If the quarterly rate is increased by $30.00 and average costs are experienced through year end, the utility will still experience a $21,400 loss, but may be able to re-cover costs in 2009 if flows decrease (this was an extraordinary year as far as ground water levels).  If the quarterly rate is increased by $50.00 and a 53% increase in sewage treatment costs continues through year end, the utility would experience a $31,200 loss this year, but should be able to cover costs in 2009 even if flows remain high.

An ordinance amendment is necessary to increase the rate.

Discussion was held about the fact that Town of Rochester sewer is not metered and the Town is billed for whatever is left over after metered municipalities are billed. The increases in flows are not reflected as high in the other municipalities.  The Town of Rochester seems to get the brunt of the increased flows. Before a sewer rate increase is considered the Town would like to meet with the Western Racine County Sewerage District (WRCSD) representatives to discuss the issues concerning direct connects and the high flows impacting the Town.  Betty is to invite a representative of WRCSD to the next Town Board meeting.

Referendum Language: Consolidation of the Town and Village of Rochester

Betty presented the Board with the referendum language to be placed on the November ballot.

The question which shall appear on the ballot is as follows:

“Shall the Town of Rochester consolidate with the Village of Rochester pursuant to the Town of Rochester Ordinance 2-2008 duly enacted  by the Town of Rochester on April 16, 2008.

____For Consolidation

____ Against Consolidation

Gary moved, seconded by Mike to approve the referendum language for the November election. Motion carried.

Update on Heritage Acres/Vista View Subdivision Drainage Path

Betty reported talking to Bill Sasse about subdivision improvements and the drainage path.  He remembers tweaking the original plans due to the drainage issue, including restricting any lots west of the drainage path.  He does not remember the changeover from subdivision to certified survey map. The developer’s agreement was dated 1997; and the amendment to the developer’s agreement was dated February 2000. This was after Bill Sasse reviewed the subdivision for substantial completion (and was re-assigned).  The set of plans dated December 30, 1996 are the plans to which the subdivision was to have been built. Bill indicated remembering installation of stone in certain areas, which means the grading was complete.  Bill did not recall a berm on the north side of the drainage path- only the one to the south which was to slow down discharge to the Boyd (now Shaefer) property. He would not expect it to be detrimental to take the north berm out.

Mike questioned a pole shed that he believes is also built in the drainage easement of one of the properties on Vista View. Questions were raised as to who is responsible for enforcing the drainage easement restrictions. Betty stated it is the homeowners’ responsibility to adhere to the restrictions; the building inspector does not usually know when there are restrictions or easements placed on properties. The homeowner has the information because they should have been provided with a survey stating any restrictions.

AUGUST 11, 2008                            REGULAR BOARD MEETING                                        7:00 p.m.

Discussion was held about the drainage easements imposed on the properties.

The Board asked Betty to check with John Hotvedt as to what authority the Town has in enforcing drainage easement restrictions.

Mike moved, seconded by Paul to table discussion until next meeting. Motion carried.

2009 Planning and Zoning Services: Racine County Planning & Development Proposal

A Racine County Planning and Development proposal to provide Planning and Zoning Services to the consolidated Village of Rochester was reviewed.  The cost for three-quarters of a year was stated as $31,617.   This was reduced from the original annual price of $42,156 based on an assumption that the legal authority to exercise zoning by the consolidated Village would not take effect until a new Village Board was elected in April of 2009.  Betty explained that the revenues from the permits collected would go to pay the annual price amount. Concerns were raised by the Board as to whether the permit revenues would cover the annual contract. Betty explained that if they did not the consolidated Village would have to make up the difference.

Paul moved, seconded by Mike to table discussion until a joint meeting with the Village. Motion carried.

Repair/Replacement costs: Pumper 815

Betty explained that this is a follow up to the joint meeting with the Village and Rochester Fire & Rescue on July 21, 2008. Estimates for frame repair costs far exceed the expectations that were given at the meeting. Discussion was held as to other possible options.

Consensus of the Board was to table discussion until a joint meeting with the Village.  

Roof Patch/Aluminum Treatment Rochester Municipal Building

Betty reported that the Municipal Building was re-roofed in 2002. It is recommended to re-aluminize (paint) the surface every five years. The company that did the roof work inspected the roof and identified some areas in need of patching as well. The proposal to do the necessary work will cost $2,869. With cost sharing between the Village and Sewer utilities, the Town’s portion would be $1,100.  The 2008 building outlay budget is $3,825, of which nothing has been spent to date.

Mike moved, seconded by Paul to approve the proposal of $2,869 and have the necessary work completed by Wisconsin Restoration, Inc. Motion carried.

2008-2009 Snowplowing Contract Extension - C &C Asphalt, LLC

Betty reported that C & C Asphalt has agreed to renew the contract at the same rates as last year. Chris Birkett added that salt prices will be starting out very high this year and questioned if the Town would like to continue with the salt sand mix that was used in the late winter/early spring last year. C & C Asphalt is able to accommodate mixing. Chris would like a recommendation as to the ratio of the mix. Last year it was a 3:1 ratio. Consensus of the board was to stay with the same ratio as last year as it seemed to work well.

Mike moved, 2^nd by Gary to approve the Snow-plow contract extension for the 2008-2009 winter season. Motion carried.

2008-2009 Assessor Contract/Salary

Betty reported that the assessor is asking for a 2.3% or $200 increase to her base salary for the assessment August 1, 2008 – July 31, 2009. Her 2007-2008 salary was $8,700. She is asking for an increase to $8,900.

Mike moved, 2^nd by Paul to approve the increase in the assessor’s salary to $8,900. Motion carried.

Application for Operator’s License: Vincent Popp; Honey Lake Inn

Betty reported Vincent’s responsible beverage server’s course completion certificate had been submitted and his criminal background check shows no alcohol or drug related charges. 

AUGUST 11, 2008                            REGULAR BOARD MEETING                                        7:00 p.m.

Gary moved, 2^nd by Paul to approve an operator’s license for Vincent J. Popp.  Motion carried.

Trick or Treat Hours

Betty informed the board that October 31^st   is on a Friday this year.

Gary moved, 2^nd by Paul to set the date for trick or treat as Sunday, November 2nd from 2:00 p.m. to 4:00 p.m.  Motion carried

Fall Newsletter presented to corrections or additions

Betty reported a front page article for the up coming public information meeting and referendum explanation will be drafted in the next few days. Consensus of the Board was to approve the rest of the newsletter for distribution. 

Period for public comment.

There was none.

Gary moved, seconded by Mike to adjourn at 9:22p.m. Motion carried.

Respectfully submitted,

Sandi Swan, Deputy Clerk-Treasurer

August 19, 2008                                             SPECIAL BOARD MEETING                              4:00 P.M.

Meeting was called to order at 4:00 p.m. for the purpose of a site visit at the residence of Jim Fait, 33335 Washington Avenue, to address an abatement order issued by Jody Halladay, Racine County Humane Officer.  The subject of the abatement order, dated September 7, 2007, was the condition and care of horses at the Fait property.  In correspondence to the Town Chairman dated June 10, 2008, Jody Halladay communicated intent to seize Mr. Fait’s horses after September 1, 2008 if measures specified in the abatement order were not met.

Present:  Gary Beck, Town Chairman; Mike Weinkauf, Town Supervisor #2; Christopher Birkett, Public Works Supervisor;  Deputy Matthew Prochaska, Racine County Sheriff’s Department;  Jody Halladay, Racine County Humane Officer; and Betty Novy, Town Clerk.

Jim, Judy and Matthew Fait were present as members of the Fait family.

Follow up was performed on the terms of the abatement order dated September 7, 2007.  Drainage improvements to the paddock area were noted, as well as removal of stockpiled manure.  It was clarified that an old trough in the paddock area was no longer used to provide drinking water.  A barrel will be used instead.  A metal structure had been constructed to offer shelter adjacent to the stallion paddock/ pen.

Those present moved to the pasture area.  Jim Fait called approximately eleven mares to the location of the meeting.  It was noted that two older mares and one crippled mare had been put down since Jody’s last visit to the property.  The remaining mares appeared healthy and well fed.  A 15 by 20 foot area was available in the barn for shelter should the mares require it.  However, Mr. Fait noted the horses did not prefer to take shelter inside.  Instead, a stand of trees was often used when the horses sheltered for weather purposes. 

There was discussion regarding requirement of a tank water heater.   The Faits’ did not believe a water heater was necessary.   It was explained that in the winter months, they routinely bust up any ice barriers so that water remains available to the horses.   In the summer, it is not an issue.

The meeting then moved into the barn where three stallions were being housed in separate stalls.  Two stallions appeared in poor health.  Mr. Fait indicated he had been in contact with the veterinarian on this issue and had been given instructions on how to feed and treat the horses.  Tests were still being performed to diagnose the source of illness. 

There was a significant difference of opinion between Jody Halladay and Jim Fait as to adequate care of the horses.  There was discussion regarding Jody’s further involvement with this situation.  Board members felt significant improvements had been made to address the terms of the abatement order, that the horses were not being abused or neglected and that there was no immediate danger to their health or safety.   Due to Jody’s disagreement with this assessment, she indicated she would no longer be involved with the case.  She stated she was handing control of the situation over to the Town Board.

It was agreed that Public Works Supervisor Christopher Birkett and Racine County Sheriff’s Deputy Matthew Prochaska would monitor progress on the health of the stallions and insure that the conditions for the horses remain adequate into the future.  Jody indicated she would refer any future complaints regarding the property and/or concerns to the Town Board.

Mr. Fait agreed to fax a copy of the recent veterinarians report to the Town Hall.  He will also provide a 30-day follow up report from the veterinarian.    Christopher Birkett and Deputy Prochaska are to follow-up on October 1^st to reevaluate the condition of the horses and facilities.

Jody Halladay reiterated her intent to forward further complaints regarding the property to the Town and inform complainants that the Town is handling the issue.  If complainants are not satisfied, they will be instructed to contact the State Humane Officer.  Jody stated she will follow up the meeting with correspondence to the Town confirming this arrangement and terminating the Fait’s abatement order.

Meeting adjourned at 5:15 p.m.

Respectfully submitted,

Betty J. Novy, CMC

Clerk-Treasurer

AUGUST 27, 2008                JOINT TOWN/ VILLAGE BOARD MEETING                         7:00 p.m.

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

Betty Novy, Clerk-Treasurer, was also present.

Town Chairman Jim Simon and Town Supervisor Roy Lightfield were present representing the Town of Spring Prairie.

Pumper and Tanker Repair Replacement:  Rochester Volunteer Fire & Rescue Company

Fire Chief Tim Dahlberg provided a frame repair estimate for Pumper/ Tanker 515.  The estimate was $32,100.  Included in the estimate was a statement that the price could vary after the project began.  When adding mechanical repairs, total repairs were estimated at $41,000.  Consensus of all Boards was not to invest $41,000 in repairs towards the 1980 Pumper/ Tanker.

There was discussion regarding purchase of a new truck.  Tim informed Board members that new NFPA standards go into effect January 1, 2009 that impact exhaust system requirements and add approximately $10,000 - $15,000 to the cost of new fire trucks.  Due to the high price of steel, an 8-10% overall cost increase is also expected. 

Replacement schedules of front line emergency vehicles were discussed.  In 2015, a new tanker will be needed.  In 2020, a new engine will be needed.  Board members did not agree to invest $600,000 in a new back up pumper/tanker.  A preference was stated to invest in a back-up vehicle solution that would last approximately three to four years, with a goal to research and purchase a new engine in that time frame.  The front line engine could then be demoted to back-up.  Several Board members presented information obtained on used fire trucks.  This information was passed on to the Fire Chief.

Tim was directed to research purchase of a used fire truck to be utilized as a back-up pumper/ tanker in the $100,000 price range.  Parameters of the search were established as follows:  the fire truck should be a 1995 model or newer, have at least a 1,000 gallon tank capacity; and have a crew cab. 

Board members offered additional direction that any vehicle considered for purchase must be inspected by an independent inspection company to verify compliance with DOT operating standards.

Disposal of Retired Fire Trucks

Tim addressed the Board regarding disposal of 1971 and 1980 fire trucks.  Consensus of all Board members was to authorize disposal of the vehicles for the highest value obtained by either selling them for scrap or trade-in value.  Proceeds obtained for disposal of the vehicles are to be put towards purchase of a newer vehicle.

2009 Planning and Zoning Services

A Racine County Planning and Development proposal to provide Planning and Zoning Services to the consolidated Village of Rochester was reviewed.  The cost for three-quarters of a year was stated as $31,617.   This was reduced from the original annual price of $42,156 based on an assumption that the legal authority to exercise zoning by the consolidated Village would not take effect until a new Village Board was elected in April of 2009.  Betty reported on confirmation by the Town Attorney that legal authority to exercise zoning in the area that is now the Town would actually be transferred to the consolidated village once positive results of the referendum election were confirmed.   That would increase the annual price of the county providing 2009 planning and zoning services to $42,156.   

Annual zoning permit revenues for the years 2005-2007 were reviewed, along with 2008 to date.  Even when charging double fees, revenues averaged less than half of the proposed cost of the county providing the service.   Betty reported on proposals the Village received in 2006 for building inspection and zoning services.  There are firms which provide these services for a percentage of fees collected.  Board members agreed they did not want to make up a $20,000 shortfall for this service each year.   Mike Weinkauf moved, 2^nd by Russ Kumbier to solicit proposals for planning and zoning services as of November 4, 2008 provided the consolidation referendum passes.  Motion carried.

Proposals are to be solicited as three options:  Building Inspection Services; Planning and Zoning Services;  Combination of Building Inspection and Planning and Zoning Services.

AUGUST 27, 2008                JOINT TOWN/ VILLAGE BOARD MEETING                         7:00 p.m.

Salt/ Sand Use:  2008-2009 Snowplowing Operations

The Town Board’s approval of using a salt/ sand mix for 2008-2009 snowplowing operations was discussed.  It was noted salt costs have more than doubled since the 2007-2008 season.  The Town Board approved use of the salt/sand mixture at the discretion of the Public Works Supervisor.  An option to use straight salt is retained if weather conditions warrant its use.    Russ Kumbier moved, 2^nd by Jim Henning to authorize use of salt/sand mix on Village roads for the 2008-2009 season unless conditions warrant use of straight salt.  Motion carried.

Gary Beck moved, 2^nd by Mike Weinkauf to adjourn at 8:20 p.m.  Motion carried.

Respectfully submitted,

Betty J. Novy, CMC

Clerk-Treasurer