Meeting for January 9, 2008 and January 14, 2008

January 9, 2008                     JOINT TOWN/ VILLAGE BOARD MEETING                         6:30 p.m.

Meeting was called to order at 6:30 p.m., with Gary Beck, Paul Beere and Mike Weinkauf present from the Town Board; and Chris Denman, Bill Weidert, Dean Stapleton, Russ Kumbier, Jim Henning, Mark Tamblyn and Dave Pattengale present from the Village Board. 

Betty Novy, Clerk-Treasurer, and Atty. John Hotvedt were also present.

Review draft ordinance establishing terms of consolidating the Town and Village of Rochester:  Attorney John Hotvedt

Board members reviewed the draft ordinance.  Amendments were requested to the following sections:

·         s.3.(a)(1)(A.) Initial Membership. The draft ordinance specifies appointment of five additional members to the interim Board from the area of the Village which was formally the Town.  Consensus of both Boards was that this section should be modified to reduce the number of individuals appointed to the Board but to allow those individuals representing the Town to maintain a one-vote majority over Village Board members from the area of the Village which was formally the Village.  Town Board members are to discuss how to achieve this at their regular meeting in January.

·         s. 3.(a)(1)(B.) Compensation.   The draft ordinance specifies compensation of Board members at $50.00 per meeting for the duration of their terms.  Consensus of both Boards was to change this language to reflect compensation at the same level as each Board member was entitled to prior to consolidation. 

·         s. 3.(a)(2) Permanent Membership. The last sentence of the paragraph states “Beginning with the annual Spring election in 2009…”, the year was corrected to 2010.

·         s. 3.(b) Co-Village Presidents.  Reference should be added authorizing either President to sign checks, contracts, ordinances and resolutions approved by the governing body.

·         s. 3.(c)(7) Public Works Manager.  Duties of the position are to include maintenance of sewer systems, including pump stations.

·         s. 3(d)(1) Plan Commission.  The draft ordinance maintains existing Town and Village Plan Commission members indefinitely.   Wis. Stats. governing plan commissions state the Plan Commission shall consist of seven members.  Language should be amended to specify ultimate appointment of seven members after new Village Board members are elected (April 2009) and stagger initial terms as one for one year; three for two years; and three for three years.

·         s.3(d)(2)(B.)  Correct the reference to Board of Review to Board of Appeals.

·         s.7(c) Budget.  The draft ordinance refers to the budget set forth in the “Town and Village of Rochester Consolidation Report”.  This language was left in from the 2002 version of the ordinance.  A combined budget will have to be drafted for 2009.

Atty. Hotvedt noted a new legal description and plat for the Village will have to be submitted to the Department of Administration if the consolidation referendum is passed.

Establish time table for public meetings and referendum to implement Consolidation Statute 66.0229(2)

Consensus of the Boards was to hold two public information meetings, one in mid-May and one mid-September.  The referendum is to be placed on the November 4, 2008 ballot.

Members of the Consolidation Committee agreed to meet on January 30^th at 6:30 p.m. to review progress on boundary agreements with the Village of Waterford and City of Burlington.

Mike Weinkauf moved, 2^nd by Russ Kumbier to adjourn at 7:49 p.m.  Motion carried.

Respectfully submitted,

Betty J. Novy, CMC

Clerk-Treasurer

JANUARY 14, 2008                       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 December 4 & 12, 2007 meetings.   Motion carried.

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

Town General Fund Disbursements:

JANUARY 14, 2008                       REGULAR BOARD MEETING                                        7:00 p.m.

JANUARY 14, 2008                       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 tax collections to date.   48% of the 2007 tax roll, or $2.2 million, was collected through December 31^st.   $1.9 million was distributed to the different tax districts for the January settlement.  Betty also noted receipt of $1,382.35 from the Village of Waterford.  The payment was the result of a defunct multi-jurisdictional radio committee that was formed years ago.   Funds were left in an automatically renewing certificate of deposit since 1989.   The balance was split between the original participating municipalities.   

JANUARY 14, 2008                       REGULAR BOARD MEETING                                        7:00 p.m.

Sheriff’s Department.  A written report was submitted showing the following statistics for December:  two accidents; six speeding citations, five traffic citations, fifteen parking citations and nineteen warnings were issued.  Complaint statistics were as follows:  twenty-six complaints originated through calls directly to the Sheriff’s Department; Deputy Prochaska assisted with nine additional complaints, originated nineteen on his own and performed follow up on eight.  He reported seventeen work days, 156.0 hours and 1,598 miles driven.  One foot patrol was conducted. 

Sergeant Kacmarcik reported on 2007 statistics as follows:  29 accidents; 138 speeding citations, 83 traffic citations, 167 parking citations and 192 warnings were issued.  Complaint statistics were as follows:  358 complaints originated through calls directly to the Sheriff’s Department; Deputy Prochaska assisted with 161 additional complaints, originated 363 on his own and performed follow up on 70.  He reported 210 work days, 1,855 hours and 18,934 miles driven.  82 hours were spent on parking enforcement.   106 foot patrols were conducted. 

Deputy Prochaska reported only one fatal accident event in 2007.  This is down from five in 2006.  Calls increased from a total of 293 in 2006.  Speeding and accidents are down.  OWI’s are up by one.  Ordinance violations are also up from previous years.   Paul questioned whether a copy of 2006 statistics was available.  Sergeant Kacmarcik will forward the information.

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

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

• Roads.   Eleven snow events since December 1^st.  There have been some complaints which are being addressed as they come in.  C & C Asphalt has been very responsive.  There was no damage from winds during tornado events in Kenosha County.  Street signs are being straightened as time allows.  Several new street name signs have been installed.

• Park.  Working on ball diamond fence repairs.

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

John reported on current investigation regarding the need for wetland permits for Evergreen Drive rehabilitation.  There was question on what drainage improvements had been done in Rookery Landing.  John stated he thought improvements were put on hold due to weather.  He will check on progress.

Liquor License Violation;  Honey Lake Inn, 35415 Academy Road

Betty reported on several violations of State Statute in regards to the sale of alcohol at this location.   Randy Vinge, previous owner of the bar, indicated in a hand written note dated September 13, 2007 that he would continue to run the Honey Lake Inn until such time as the new owners obtained a license.  Betty reported confirming this arrangement with Randy via phone call.  As the person in charge of the premises, he was responsible to see that liquor licensing laws were being observed.  

Deputy Prochaska reported on two visits to the bar.  On December 19^th, a Sheriff’s Department call found Shelley Bower and Melissa Lloyd working as bartenders.  Neither individual was licensed to sell alcohol in the Town of Rochester.  A patron stated

JANUARY 14, 2008                       REGULAR BOARD MEETING                                        7:00 p.m.

a licensing concern to the responding officer.  In his follow up investigation, Deputy Prochaska found that a licensed bartender was on the premises as a patron, but not supervising staff. 

A follow up visit on December 21^st found Shelley Bower and Beth Brockman bartending.  Again, neither individual was licensed to sell alcohol in the Town of Rochester.  The previous owners turned in the bar’s license on December 27^th, claiming they were not aware that the new owner’s application had been denied in December.  They reported ending their involvement with the bar on December 17th.   The bar has been closed since December 27^th.

Town Atty. John Hotvedt had counseled Deputy Prochaska to seek direction of the Town Board with respect to violations of state liquor laws.  Citations may be written to the individuals who held the bar’s license for serving alcohol without properly licensed staff, a violation of Wis. Stats. 125.32(2). 

Gary moved, 2^nd by Paul to direct the Town Attorney and Deputy Prochaska to work together to issue the appropriate citations.  Motion carried.

Application for Class “B” Liquor, Probationary Cabaret & Cigarette Licenses: 
Beth Brockman & Clark Kreiger, A Partnership

Premises:  Honey Lake Inn, 35415 Academy Road

Betty reported on the application of Beth Brockman and Clark Kreiger as a partnership to operate the Honey Lake Inn.  The application in December was that of WBRS LLC.  The corporate officer that was the source of denial for that license was bought out of the business.  Both Beth and Clark’s background checks are clean.  Beth questioned the Town Attorney’s interpretation regarding the requirement of having a licensed bartender on the premises and did not feel a violation existed if a licensed individual was on the premises as a patron.  Gary indicated the Town Attorney will draft a letter explaining interpretation of this State Statute.  Mike moved, 2^nd by Gary to approve the Class “B” Liquor, Probationary Cabaret and Cigarette Licenses for Beth Brockman & Clark Kreiger, a partnership, effective no sooner than January 15^th.  Motion carried.

Applications for Operator’s License:  Melissa Lloyd, Shelly Mae Bower

Betty reported background checks for both applicants came back clean.  Shelly holds a license in the City of Waukesha which is an acceptable substitute to completion of a responsible beverage server’s course within two years.  Melissa submitted her responsible beverage server’s course completion certificate at the meeting.  Mike moved, 2^nd by Gary to approve the operator’s licenses for Melissa Lloyd and Shelly Mae Bower.  Motion carried.

Warranty Deed:  Transfer of Ownership of Scotsdale Wetland Conservation Area to Racine County

Betty reported on receipt of the warranty deed and $1.00 payment as follow up to authorization given at the June 11, 2007 meeting to transfer ownership of the Scotsdale Wetland Conservation Area to Racine County contingent that all legal costs associated with the transfer were paid by the county.  Gary moved, 2^nd by Mike to approve executing the warranty deed  transferring ownership of the Scotsdale Wetland Conservation Area to Racine County.  Motion carried.

Letter of Credit Reduction:  Stoneridge Subdivision

Mike moved, 2^nd by Paul to accept the recommendation of the Town Engineer to reduce the letter of credit for Stoneridge Subdivision $393,509.25 for a remaining balance of $98,377.00.  Motion carried.

Ordinance #1-2008 to allow for the appointment and hours of election officials

Betty reported an ordinance of this type needs to be in place in order to have split shifts of elections workers, or to vary from the State requirement of seven poll workers at each election.  Gary moved, 2^nd by Mike to adopt Ordinance #1-2008.  Motion carried.

Appointment of Election Official:  Dawn Mann

Mike moved, 2^nd by Paul to appoint Dawn Mann as an election official for the 2008-2009 term.  Motion carried.

JANUARY 14, 2008                       REGULAR BOARD MEETING                                        7:00 p.m.

Contract for Recurring Engineering Services:  Baxter-Woodman Engineering

Betty reported on review comments submitted by Atty. John Hotvedt.  Several changes were recommended.  Consensus of the Board was to table the agreement until such time as legal issues are worked out.

Notice of Rate Increase:  Veolia Environmental Services

A letter from Veolia was reviewed notifying the Town of a $0.22 increase per unit to cover costs of increased tipping and registration fees approved in the State’s 2008-2009 budget.  Betty stated this equates to $2,500 more in garbage and recycling charges than budgeted for 2008.  A budget amendment will be needed. 

It was noted that contract renewal is due in June of 2009.  Consensus of the Board was to send correspondence to Veolia accepting the rate change and to notify them that the contract will be put out to bid in 2009.  In the contract, they will insist that language is clearer regarding these types of increases.

Possible partnership with Community State Bank to create parking or blacktop area behind Municipal Building

Betty reported on recent communication with Community State Bank.  The Bank bought the lot which sits directly behind the municipal building and plans to raze the structures.  Ultimately, they will pave the lot to create additional parking.  The bank asked whether the Town and Village have any thoughts about creating parking or blacktopping behind the Municipal Building. 

An aerial view displayed about 30 feet of grass behind the municipal building to the property line of the referenced lot.  Because of limited access and width, municipal officials would have to coordinate with the bank to utilize this area.

Consensus of the Board was to work with the Bank on this concept.  Gary indicated some coordination might take place with re-paving the fire station parking lot this year.

Composition of Interim Village Board (for inclusion in consolidation ordinance)

As follow up to the Joint Town/ Village Board meeting held January 9^th, the Board discussed town representation on the interim board that would serve after the consolidation referendum was passed until a new village board was elected from the combined community.   Based on the larger population and equalized value represented by the Town, a decision was made at the joint meeting that, regardless of number, the individuals representing the Town should be able to maintain a majority vote over Village Board members.   Mike moved, 2^nd by Gary to propose Town representation on the interim board to consist of the three existing Town Board members, with each supervisor’s vote to count as three and the chairman’s vote to count as four.  Motion carried.

Period for Public Comment:  Several residents were present in the audience, however there were no concerns stated. 

Mike moved, 2^nd by Paul to adjourn at 8:41 p.m.  Motion carried.

Respectfully submitted,

Betty J. Novy, CMC

Clerk-Treasurer