Meetings for: October 13, 20, 27 2008. 

OCTOBER 13, 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.

Betty Novy, Clerk-Treasurer; James Deluca, Building Inspector; Christopher Birkett, Public Works Supervisor; and John Tierney, Engineer; were also present.

Pledge of Allegiance. 

Minutes.  Paul moved, 2^nd by Mike to approve minutes of the September 8, 24 & 29, 2008 meetings as printed.   Motion carried.

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

Town General Disbursements:

OCTOBER 13, 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:

·         A donation of $5,507 was received from the Hitch ‘n Post Saloon to be applied towards lights for Case Eagle Park Baseball Diamonds.

• Town General, Park and the Sewer Utility certificates of deposit are due the beginning of November.  Consensus of the Board was to reinvest $100,000 of the Town General CD, the full balance of the Park CD and $5,507 donated towards the purchase of baseball diamond lights for Case Eagle Park into separate three or six month certificates of deposit dependent on which rates are most favorable.  Proceeds of the $89,687.79 Sewer CD are to be transferred to the Sewer Utility Money Market Account.

 OCTOBER 13, 2008                         REGULAR BOARD MEETING                                        7:00 p.m.

• Two ordinance considerations were discussed.  Betty reported research on an ordinance that would impose a fine for the frivolous use of public services, noting recent neighbor feuds in the Town had required numerous hours of town resources to investigate frivolous complaints.  A rifle use ordinance was also presented that many local municipalities are considering to address changes in state hunting regulations that allow use of rifles in Racine County.  Betty will perform additional research on the frivolous use ordinance.  Consensus of the Board was to delay action on a rifle ordinance until after this year’s hunting season.

• A meeting was set to draft the 2009 Budget for Monday, October 20^th at 7:00 p.m.

• A joint Town and Village of Rochester Board meeting was scheduled for Monday, October 27^th at 7:00 p.m. to review and accept the potential 2009 consolidated budget and to review zoning and building inspection proposals.

• Board members were reminded of an intergovernmental meeting that will be hosted by Rochester on October 29^th beginning at 6:30 p.m. at the Municipal Building.

Sheriff’s Department.  A written report was reviewed showing the following statistics for September:  one accident; two speeding citations, one traffic citation, nine parking citations and thirteen warnings were issued.  There were four arrests.  Complaint statistics were as follows:  Twenty-seven complaints originated through calls directly to the Sheriff’s Department; Deputy Prochaska assisted with eleven additional complaints, originated sixteen on his own and performed follow up on six. He reported sixteen days, 142.0 hours and 1,267 miles driven.  Six foot patrols were conducted. 

Deputy Prochaska reported some minor vandalism since the kids have gone back to school. He also reported his resignation from the Sheriff’s Department effective October 24, 2008.  Another Deputy will be assigned to the Rochester position.  He expressed appreciation for the opportunity to work for Rochester and enjoyed getting to know members of the community.  He is taking a position with the Mt. Pleasant Police Department and will hand matters over to the new deputy to the best of his ability. Board members expressed appreciation for the work Deputy Prochaska has done in the community and wished him well in his new endeavors.

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

• Lift Station- Monthly exercise of generator and valves. Replaced battery on generator.  I have scheduled a maintenance check with a vendor for Kohler power systems on 10/16/2008.

• Roads- Prep for winter is ongoing and on schedule.  Oak Knoll Road water issues should be resolved.  I am working on shoulder touch up.  North River Road needs some pothole repair, rest of roads are good, replaced damaged speed limit sign on Ridge View.  Britnall is set to go for snow.  I still haven’t heard from Racine County yet about salt and sand production.

• Humane Officer Training – I completed training and passed test.  Basically, I’m now ready to be appointed.  I’m looking into setting up a holding area and what else is needed.  This is going to be one of those departments where there is a lot of liability.  We will have written protocols.  I hope to have a partial plan ready by the November meeting.

OCTOBER 13, 2008                         REGULAR BOARD MEETING                                        7:00 p.m.

• Miscellaneous-  I have been in contact with Jim Fait, his stallions are improving and he and his vet have been very cooperative.  Current on Diggers Hotline tickets.  Waiting to hear when park bathrooms will be closed for the season.

Chris further reported salt prices expected to be approximately $80.00 per ton.  Board members reported reading a newspaper article that indicated cheaper prices.  Chris will check with Racine County.   Board members expressed congratulations on passing the humane officer training and certification examination.  Chris reported an ongoing education requirement of 20 hours every year and noted the Department of Agriculture expects to create a more formal educational program in the future.  For now, any animal seminars or events will meet the 20 hour criteria.

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

Heritage Acres/ Vista View Drainage:  Frank & Monica Mayer

Frank Mayer, 32819 Vista View Drive, addressed the Board in response their recent inquiry regarding removal of a berm that straddles his northern property line.  The berm is not consistent with original subdivision drainage plans.  Buzz and Patricia Hurley, owners of the property to the north, indicated the berm holds back water and damaged two to three acres of their cropland.  Frank questioned whether the Board considered the impacts of removing the berm in terms of potential water problems for his home or homes on Seidel Drive.  It was also questioned whether the berm needs to be removed now, or whether it could wait until the Hurleys’ develop their property some time in the next two to three years.  John Tierney presented both historic and current exhibits that show the directional flow of water across the affected properties.  The water has always flowed along this drainage path.  The concept of installing a culvert through the berm was discussed as a way to drain surface water in a controlled way.  John Tierney was directed to prepare a report on this option for consideration at next month’s Board meeting.

Lot Grading and Building Permit Survey Requirements

Jim Deluca, Building Inspector, addressed the Board with suggested building code amendments.  Jim recommended adding language that requires two-foot contour drawings within 30 feet of all disturbed areas showing before and after elevations for new construction.   A tolerance should be established for as-built elevations, such as within a range of 6 to 12 inches.  Language should also allow the building inspector to require more extensive drainage review by the Town engineer in cases where it is difficult to determine flow paths.  He did not feel these requirements should apply to instances where drainage and grading plans were already established in a land division plat or where drainage is clear cut.  He indicated potential residents may be discouraged from building in Rochester if extensive drainage plans are required for every permit.    Revisions to both the land division ordinance and building code may be required.  Consensus of the Board was to table consideration of these amendments until the result of the consolidation referendum is known.

OCTOBER 13, 2008                         REGULAR BOARD MEETING                                        7:00 p.m.

Ordinance #3-2008 to amend Ch. 7.30 “Hoofed Animals” to establish animal unit equivalents and associated acreage requirements 

Revisions to the ordinance completed since last month’s meeting were reviewed.  Additional language was proposed by Darlene Geiser, 123 N Honey Lake Road,  Darlene requested addition of language to clarify properties currently involved in agricultural livestock uses would be allowed to continue such practices as a lawful non-conforming use.  Atty. Hotvedt reviewed the suggested language in advance of the meeting and stated no objection to adding the proposed language.  It recites concepts from case law surrounding legal non-conforming uses.  The Town is bound to these concepts regardless of whether the language is included or not.  There was discussion on how the Town would be able to document what livestock uses were in practice at the time of ordinance adoption.  Consensus of the Board was to forward a mailing to all owners of agriculturally zoned parcels between 2.5 and 4.99 acres to self-report what types of animals are present and in what quantities.  A copy of the proposed ordinance amendment is to be included.

Sewage Flow Determination Process:  Western Racine County Sewerage District (WRCSD)

Betty reported on recent communication with Lynn Tamblyn, WRCSD Secretary.  A document titled “Monthly Flow Determination Process” was provided as an explanation for how sewage flows are attributed to the Town of Rochester.  The process has not changed for as long as Lynn performed the calculations.  The district applies a 25% reduction in flows that are not attributable to other sources before billing the Town.  Lynn suggested the Town explore a potential source of increased flows by televising an existing Town line recently found by their plant operator.  Betty indicated plans are in process to televise the line soon.  Lynn also indicated WRCSD’s intent to televise their main line along River Road, but indicated their desire to wait until conditions are right (high groundwater).  He did not know when that might be.   Betty reported sewer lines under the Town’s jurisdiction were televised last in August of 2006 at a cost of $11,000.   The Town requested that WRCSD participate by televising their lines at that time.  The request was denied.  There was discussion regarding the approximate 75% increase in sewage flows experienced this year.  Board members did not see any motivation for WRCSD to televise their lines because the Town of Rochester is picking up the majority of costs associated with increased flows.  Mike moved, 2^nd by Paul to issue correspondence to WRCSD explaining the Town’s concerns and indicating the Town’s intent to withhold payment for sewage treatment services until such time as WRCSD sewer lines along Evergreen Drive and N. River Road are televised to investigate sources of infiltration.  Motion carried unanimously.

Request for installation of water meter at 2540 Hidden Circle Drive:  Mark & Janice Welch (Owners)

Mark Welch addressed the Board with a request to install a water meter on his private well serving the residential apartment complex at 2540 Hidden Circle Drive.  He would like sewage treatment costs assigned to the building to be based on water use in contrast to the current residential unit method.  Betty explained the water meter use method has only been available to commercial properties to date.  Mark indicated any apartment building over three units is considered commercial property. 

Mark explained his eight unit apartment building features small hotel-like rooms that are typically inhabited by single residents.  He recently purchased the building with the understanding that the per unit sewage charge was $80.00.  With the recent increase to $120 per unit, his quarterly sewer bill increased from $640 to $960.  The increase of sewage treatment costs means he will have to raise rent $13 a month.  He is concerned about the impact this increase will have on renters with fixed incomes.   He believes sewer utility costs are excessive in relation to the building’s actual use.  He has made great efforts towards conservation of water use in the building by installing low water use fixtures. 

OCTOBER 13, 2008                         REGULAR BOARD MEETING                                        7:00 p.m.

Board members indicated problems with allowing water meter use for residential properties.  The sewer system ordinance equates a single residence to count as one unit regardless of the number of inhabitants. 

Allowing water meter use in this instance would mean allowing the same consideration for every residential use in the Town and necessitate amendments to the ordinance.  Betty explained other sewage utilities feeding into WRCSD use a flat rate per unit charge with the exception of Village of Waterford.  In the Village of Waterford, municipal water meter readings are utilized.  In this instance, a base meter rental fee is charged to all properties with the addition of per gallon charges as applicable.   This methodology could be utilized, but would require installation of meters for all residents in order to be fair and equitable. 

Consensus of the Board was to investigate the ordinance as applicable for residential uses.

Request for metered sewer service:  Juli Freda, 29449 Eagle Ridge Drive

The complaint and request for metered sewer service was acknowledged by the Board, with the same consideration as the previous request.

Employee Automobile Insurance Deductible Reimbursement Policy

Betty reported involvement in an automobile accident by the Public Works Supervisor this past month while performing Town work.  Fault has not yet been determined.  When checking on Town insurance coverage, it was explained the Town has “non-owned automobile” coverage because it does not own any vehicles.    The policy only covers liability issues that might arise out of an accident when and if the Town is named in a lawsuit.   The opposite of this would be if the Town owned vehicles and had full automobile coverage.

Under either type of coverage, the insurance held by an employee using their own car is primary.  However, if the Town owned vehicles and had full automobile coverage, the Town’s insurance would cover any deductibles incurred by the employee.   “Non-owned automobile” coverage does not cover an employee’s deductible.  The Board was questioned whether the Town should establish a policy whereby the Town reimburses an employee their deductible amount in the event they get into a motor vehicle accident while on Town business.  Consensus of the Board was that they did not want to adopt a policy of this nature, but would take steps to move towards purchase of a Town owned vehicle for the Department of Public Works.

2008 Audit Contract:  James Frechette CPA

A proposal to perform the 2008 Audit for $4,000 was reviewed.  The proposal includes both Town General and Sewer Utility operations.  Paul moved, 2^nd by Gary to approve the 2008 Audit Contract with James Frechette.  Motion carried.

Replacement Fire Truck Financing

Betty provided copy of the 2009 budget worksheet to illustrate estimated expenses through year end 2008.  The general fund balance was $87,733 year end 2007.  Several budget amendments could be applied towards the 2008 budget to finance the Town’s share of costs towards the replacement fire truck.  Amendment proposals would project an approximate $37,000 general fund and $147,000 road fund balance year end 2008.  The road fund balance would allow for sufficient cash flows through 2009.  Betty recommended the budget amendment option, but noted borrowing $68,800 towards the purchase is another option if the Board wishes to preserve more capital in the general fund.  Consensus of the Board was to prepare a resolution outlining necessary 2008 budget amendments to fund the fire truck.  It was noted that if cash flows are experienced in 2009, borrowing will be an option at that time. 

OCTOBER 13, 2008                         REGULAR BOARD MEETING                                        7:00 p.m.

Humane Officer Training- Appointment

Chris reported on attendance at humane officer training sessions and passing his certification examination.  He is in the process of researching costs of materials and facilities in order to provide animal control services for the town.  Mike moved, 2^nd by Paul to appoint Christopher Birkett as the humane officer for the Town of Rochester and to forward notice to Countryside Humane Society of the appointment and termination of the contract for animal control services.   Motion carried.

Application for Operator’s License:  Tammy L. Albin    

Betty reported receipt of Tammy’s responsible beverage server’s course completion certificate and verified her background check came back clean.  Gary moved, 2^nd by Mike to approve an operator’s license for Tammy L. Albin.  Motion carried.

Period for Public Comment:

Judy Fait was present in the audience.  Chris Birkett confirmed positive report by the veterinarian in regards to the Fait’s care of their horses.  Judy indicated the stallions are improving.  Corresondence from the State Judicial District regarding the Fait Abatement order issued by Racine County Humane Officer Jody Halladay was discussed.  Judy Fait was notified any contest to the abatement order must be completed by her family.

Mike moved, 2^nd by Gary to adjourn at 9:58 p.m.  Motion carried.

Respectfully submitted,

Betty J. Novy, CMC

Clerk-Treasurer

October 20, 2008                                           SPECIAL BOARD MEETING                                7:00 P.M.

Gary Beck called the meeting to order at 7:00 p.m. with Board members Mike Weinkauf and Paul Beere present. 

Christopher Birkett, Public Works Supervisor, and Betty Novy, Town Clerk, were also present.

2008 Budget Amendment Resolution #2-2008

Mike moved, 2^nd by Paul Beere to adopt Budget Resolution #2-2008.  Motion carried.

2009 Budget Session

Budget items were reviewed line by line with the following results:

Procedures for authorizing Case Eagle Park ball diamond expenses were discussed.  Several maintenance treatments were performed in 2008 without consulting with the Public Works Supervisor or the contractor about costs.   Some of these were at the direction of Waterford High School staff.  Gary suggested billing Waterford High School 50% of diamond mowing costs for April through June in exchange for use by the high school softball team.

Dog license fees and estimated costs to begin providing animal control services locally were also discussed.  Chris Birkett reported approximate start up costs of $2,000 to provide an animal holding area.  Funding would also be needed for potential veterinarian costs.  It was noted Racine County now pays a large percentage of the Town’s dog license fees against the Town’s animal control contract with Countryside

October 20, 2008                                           SPECIAL BOARD MEETING                                7:00 P.M.

Humane Society.  There was question on whether these monies would be returned to the Town if the contract was cancelled.  If Racine County continues to give the Town’s dog license revenue to the Humane Society, it is not in the Town’s benefit to provide the service locally.  The issue of animal control will not be decided until it is known what Racine County intends to do with dog license fees.

Paul moved, 2^nd by Mike to approve the draft budget for public hearing on December 1, 2008 at 7:00 p.m. contingent that the consolidation referendum with the Village of Rochester fails November 4, 2008.  Any minor adjustments are to be made by debiting or crediting the town road repairs/ engineering project category.  Motion carried.

Mike moved, 2^nd by Gary to adjourn at 8:53 p.m.  Motion carried.

Respectfully submitted,

Betty J. Novy, CMC

Clerk-Treasurer

OCTOBER 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, and Mark Tamblyn present from the Village Board;  and Gary Beck, Paul Beere and Mike Weinkauf present from the Town Board.  Village Trustees Dean Stapleton, Dave Pattengale and Bill Weidert were absent. 

Betty Novy, Clerk-Treasurer, was also present.

Proposal to hire a day-shift Emergency Medical Technician:  Rochester Volunteer Fire & Rescue Company

Fire Chief Tim Dahlberg addressed the Board regarding financing an E.M.T. position.  Tim stated the fire company’s position is that annual ambulance revenues can only provide about $9,200 towards financing a full time paid position.  He indicated the fire company started providing rescue services about ten years ago on the condition that it be self-funded.  To date, they have financed all of the ambulances, equipment and training through ambulance call revenue and fund raising.  Their goal is not to let reserves fall below $40,000 so that that they can replace defibrillators when necessary.  Tim is meeting with a representative from the ambulance billing agency to discuss call pricing for 2009.  However, they have been cautioned not to overestimate revenues due to the downturn in the economy.  Current ambulance call prices are $450 for basic response and $550 for advanced life support (requiring IV or drugs).  The fire company owns two ambulances which are on a six year replacement schedule.  Each ambulance is replaced every three years. 

It was acknowledged that day-time coverage problems exist.  Most volunteers work outside of the community and are unavailable at that time.  Tim noted the busiest call time as 6:00 a.m. to 12:00 noon.   There was discussion regarding the difficulty funding a new position with 2% tax levy limits in place.  Services will have to be prioritized in the 2009 budget.  One option discussed was starting with a part-time employee.  Tim noted area departments are working cooperatively on a volunteer drive, however he did not know how much longer Rochester could consistently provide volunteer coverage during the day.  Chris Denman and Town Board members indicated intent to attend Tim’s meeting with the ambulance billing representative to determine how feasible it is to increase charges or derive additional revenues for this purpose.

Zoning and Building Inspection proposals for consolidated Village

Proposals were reviewed for building inspection and zoning administration services from Municipal Services, LLC, Independent Inspections, Ltd., and L & M Inspections, LLC; for zoning administration services only from J.P.S. Consulting Services, LLC and RSV Engineering, Inc.; and for building inspection service only from Wisconsin Building Inspections LLP.  The most common percentage of building permit revenue requested was 60%.  Two of the zoning service proposals requested compensation on an hourly basis.  Proposals were reviewed for the purpose of budgeting only, with formal consideration delayed until after results of the November 4^th consolidation referendum are known.   Gary Beck stated a preference that the two positions be awarded separately so that each could serve as a cross-check to the other.  It was noted proposals made for both services would most likely consider amending their proposals to offer one service or the other. 

2009 Animal Control Service Options

Christopher Birkett reported on recent certification as a Humane Officer by the State of Wisconsin.  He also reported estimated initial costs to handle animal control services locally instead of through Countryside Humane Society.  Setting up a holding facility would not be too difficult, with costs estimated at $2,000.  The main thing would be sanitation and keeping animals separate on the occasion that two are in

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

the facility at the same time.   Chris did not think this would be too likely as the quantity of animals held on behalf of Rochester is estimated at five to six dogs a year.  Most dogs are claimed by their owners within one to two days.  Chris reported additional research on veterinarian costs for vaccinations and euthanization.  He noted many municipalities on the west end of Racine County are dissatisfied with the service Countryside Humane Society has provided their communities.  He feels the service could be handled more economically on a local level.    Chris was directed to obtain more information on veterinarian costs and to report this information at an upcoming intergovernmental meeting that will involve the Town and Village of Waterford; and the Town of Norway.

2009 Consolidated Village of Rochester Budget

Budget items were reviewed line by line with the follow results:

Paul Beere moved, 2^nd by Russ Kumbier to approve the budget for public hearing on December 1, 2008 at 7:00 p.m. contingent that the consolidation referendum with for the Town and Village of Rochester passes November 4, 2008.  Motion carried.

Gary Beck moved, 2^nd by Russ Kumbier to adjourn at 8:42 p.m.  Motion carried.

Respectfully submitted,

Betty J. Novy, CMC