Meetings for: September 8, 24, 29 2008.

SEPTEMBER 8, 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; and Christopher Birkett, Public Works Supervisor; were also present.

John Tierney, Engineer, was absent.

Pledge of Allegiance. 

Minutes.  Mike moved, 2^nd by Gary to approve minutes of the August 11, 19 & 27, 2008 meetings as printed.   Motion carried.

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

Town General Disbursements:

SEPTEMBER 8, 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:

• Notification was received from the Town of Waterford requesting that the intergovernmental contract for the Western Racine County Sewerage District be re-negotiated in 2010.

• Delinquent developer fees due from Johnson Development were discussed.  No payment has been received since October of 2007.  Consensus of the Board was to withhold any payments due Cutting Edge Lawn Care, an associated business, until such time as payment is received in full.

• The contractor resurfacing the fire station parking lot noted a potential drainage problem which could be fixed by removing a portion of concrete sidewalk and installing additional asphalt to slope water away from the building.  This would cut down on ponding and ice at one of the entrances.  The work can be performed at an additional cost of $900.00.  Mike moved, 2^nd by Paul to approve the modification.  Motion carried.

Sheriff’s Department.  A written report was reviewed showing the following statistics for August:  zero accidents; three speeding citations, three traffic citations, eleven parking citations and eighteen warnings were issued.  There were zero arrests.  Complaint statistics were as follows:  Twenty complaints originated through calls directly to the Sheriff’s Department; Deputy Prochaska assisted with sixteen additional complaints, originated twenty-seven on his own and performed follow up on two. He reported thirteen days, 119.5 hours and 1,199 miles driven.  Nine foot patrols were conducted. 

Deputy Prochaska reported on an incident involving a dog who bit a child that had come into its yard.  This was the second incident involving this dog that caused injuries requiring medical attention.  The first incident, occurring in 2005, involved a child

SEPTEMBER 8, 2008                       REGULAR BOARD MEETING                                        7:00 p.m.

riding by on its bike.  Town ordinance limits abatement proceedings to dogs that bite twice within a 12 month period.  No action could be taken other than a citation.  Deputy Prochaska questioned whether the Board wanted to increase the time period in the ordinance.  Board members noted the dog was most likely defending its territory since the most recent incident took place in its yard.  Deputy Prochaska is to keep the Board informed of any further incidents.

Sergeant Kacmarcik reported the State Highway 36/11 by-pass will be opening soon.  The State Patrol will be providing additional support for the first few months. 

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

·         Lift Station- Monthly exercise of generator and valves. John Tierney faxed over information about hot water pressure washing of the transducer in the wet well and advised against it due to possible damage.

·         Roads- Weekly checks.  Spoke with Ron Chart about resolving water issue on Oak Knoll.  S & J Bus Company contacted me about limbs hanging low on Oak Knoll being a problem for their bus route. I am looking into the problem.  I had T & T Tree Service remove a walnut tree by the railroad tracks.  Second mowing on Rowntree and Oak Knoll Roads has been completed.  Still waiting to hear from County if they will be doing our third mowing.  I will be starting winter preparation for roads in the next few weeks.

·         Park – Checks and trash removal.

·         Diggers Hotline and complaint calls.  Staying current.  Attended special meeting at Fait residence.  I will be helping the family with concerns and issues pertaining the horse situation and reporting it to the Board.

Chris further reported his recommendation to create a parking restriction on the northeast side of Evergreen Drive from the area where the curb ends to a point between ten and thirty feet past to keep the driveway area of Roesing’s Furniture clear.  He consulted with Deputy Prochaska and John Tierney to define the area of restriction.  An ordinance is needed to make the restriction enforceable.  There was discussion regarding how this restriction would affect events held by the retailers along the street.  Consensus of the Board was to have the attorney draft an ordinance restricting parking as defined, with a clause added that allows business owners to apply for special exceptions to the restriction for events, limited to three times a year.

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

Ordinance #5-2008 to increase the quarterly sewer rate for Rochester Sewer Utility District #1 customers from $80.00 per quarter to a rate to be determined at the meeting

Betty reported anticipated revenue of $10,374 in disaster assistance for increased sewer flows due to June 6^th flooding.  However, updated 2008 budget projections still show a loss between $30,000 and $50,000 based on sewage treatment costs incurred through year end.  Information on the percentage of increase each municipality experienced in sewage flows from last year to this was also presented.  Town of Rochester was up 100% compared to Village of Rochester at 6%; Village of Waterford at 61%; and Town of Waterford at 23%.     

Mike moved, 2^nd by Paul to withhold payment for the next sewage treatment bill until an explanation is provided regarding the increases.  Motion carried.

Paul moved, 2^nd by Mike to adopt Ordinance #5-2008 increasing the quarterly sewer charge from $80 per residential unit to $120.00 per residential unit.  Motion carried.

SEPTEMBER 8, 2008                       REGULAR BOARD MEETING                                        7:00 p.m.

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

A sample lot grading ordinance that specified topographical survey requirements was submitted by the Town Engineer for review.  Jim Deluca, Building Inspector, addressed the Board.  Jim indicated individuals building on a parcel with substantial acreage may find the costs of a topographical survey prohibitive.  He indicated preference that topographical survey requirements be limited to an area 30 feet beyond the perimeter of the building site and that the requirement not apply to instances where building pads are established in a subdivision plat.  Jim questioned whether Department of Natural Resources Administrative Rule 216 would apply if the Town consolidates with the Village of Rochester.  Depending on the combined population, storm-water management requirements may come into play.   He further indicated preference that the ordinance be simplified by stating a builder must submit a drainage plan rather than requiring the survey.   He indicated driveways, mound systems and culverts all affect drainage and questioned whether a survey would be required for these permits as well.  He indicated willingness to conduct a site visit before issuing new construction permits with requirement that the building site be staked out beforehand.  He feels this would allow him to determine the sufficiency of the submitted drainage plan, with an option to require a survey if conditions warrant.  Gary moved, 2^nd by Mike to table consideration of the ordinance until the next monthly meeting.  Motion carried.

Rookery Landing Grading- Drainage

A plan submitted by Kapur and Associates to address drainage problems on Blue Crane Court was reviewed along with a letter drafted by the Town engineer that recommended approval of the plan.  Mike suggested the developer look at the elevations behind Ron Anton’s house, 28919 Washington Avenue, as an alternative site for a retaining pond.  There is a low area there that already holds water.  He reported communication with Ron on this issue.  Ron might consider allowing a retention pond to be constructed on his property if he does not have to pay for installation.   Consensus of the Board was to accept the submitted plan, but to pass on the information to the developer that a retention area on the Anton property may be an alternative to address drainage.

Resolution #1-2008 Amending 2008 Budget Categories to reflect actual and estimated revenues and expenditures through year end.

Betty reported that $20,640 must be drawn from general funds to balance the 2008 budget.  Amendments affecting expenditures were needed for election expenses due to additional programming costs being charged by Racine County; snow removal; hazardous waste collection due to receiving a state grant to hold the event this year; and increased costs for re-paving the fire station parking lot.  Gary moved, 2^nd by Paul to approve Resolution #1-2008.  Motion carried. 

Resolution #2-2008 for Final Acceptance:  Rock Ridge Subdivision

Betty reported on communication with the Town Attorney.  He indicated this resolution is necessary to establish the warranty timeline associated with acceptance of the public improvements.  All requirements for acceptance stated at the August meeting have been met.  Mike moved, 2^nd by Paul to adopt Resolution #2-2008.  Motion carried.

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

Board members requested the following amendments:

Section 7.30b.  The sentence “Animals younger than six (6) months of age shall be considered….”  is to be amended as follows:  “Animals younger than six (6) months of age that are born on the property shall be considered….” ; and

Section 7.30c.  The limitation after “Turkeys, ducks, chickens, fowl and/or any other poultry”  is to be re-worded as follows:

“Ten fowl = one animal unit”.

Darlene Geiser addressed the Board regarding grandfathering the use of existing animal owners.  She and an individual represented as legal counsel (not introduced) requested that existing animal owners be documented as to the number of animals they own to establish grandfathered use.  Consensus of the Board was that there are too many animal owners that currently exceed ordinance limitations.  The burden of proof will be on the animal owner.    It was noted that an effective date should be included in the ordinance to establish the date on which grandfathered use will be based.  When discussing whether animals could be added to a grandfathered use, it was clarified additional animals are not to be allowed.

SEPTEMBER 8, 2008                       REGULAR BOARD MEETING                                        7:00 p.m.

The Board indicated the application to exceed animal limitations process, section 7.30d., should be subject to revocation if complaints are filed by adjacent property owners and substantiated by one or more Town official(s).

Consensus of the Board was to address any additional concerns to the Town Clerk within one week, at which time the Town Attorney is to complete amendments as directed and submit the ordinance, with proposed revisions, to the Board for action in October.  

Heritage Acres/ Vista View Drainage

Communications from the town engineer and attorney were reviewed regarding the Town’s involvement with the drainage easement area.  The engineer reviewed the original subdivision plans and determined that the berm, existing on the northern property line at 32819 Vista View Drive, should not be there.  Instead, land should slope downward into a 200 foot drainage easement that flows through the rear of the property.  The attorney stated restrictions on the recorded plat state it is the property owner’s responsibility to maintain the drainage easement area and keep it clear of obstructions.   The Town may take steps through circuit court to order the berm removed.

Through discussion, it was determined that the berm has been there since the land division was platted.  It was likely an oversight by the developer.    

Consensus of the Board was to send a letter to owner of LOT 3, CSM 2235, V6, P869, 32819 Vista View Drive, stating:

• the berm straddling the northern property line is not supposed to be there according to approved drainage plans for the subdivision; 

• the concern of the property owner to the north due to the volume of water held back by the berm during rain events noting that the referenced property owner is not claiming damages at this point, but would like the berm removed; and 

• willingness of a Town Board member to work with the Town engineer to establish grades, remove the berm and restore the area to ensure that drainage is working its way through the easement area properly.  

The letter is to solicit permission to enter the property and perform the work at no charge to the property owner.

Request for Funding Assistance to resurface private roads in Honey Lake Subdivision

Betty reported that the Honey Lake Protection and Rehabilitation District put resurfacing of their roads out for bid (on the Racine County side only).  The bid opening is Monday, September 15^th.   The District would like the Town to borrow the money for the project and tax the “Honey Lake Roads and Lights District” annually to make the payments.  This would allow them to segregate the payment to Racine County residents only.  Mike reported the Walworth County side of the Honey Lake Subdivision resurfaced all of their roads a few years ago.  Several financing options were provided.  The actual cost of the project is not yet known, but the district wants to apply $35,000 of their road fund balance to whatever the bid comes in at.  Mike moved, 2^nd by Paul to approve the Town securing necessary financing for resurfacing roads on the Racine County side of the Honey Lake Subdivision based on directions of the Honey Lake Protection and Rehabilitation District; and to tax the Honey Lake Roads and Lights District to make the annual payments.  Motion carried.

Fait Abatement Order:  Countryside Humane Society

Correspondence received from Jody Halladay, dated August 26, 2008, was reviewed.  In the correspondence, Jody withdrew a previous statement that she would withdraw the Fait Abatement order (Reference:  Special Board Meeting August 21, 2008).  In her correspondence, she ordered follow up reports and annual herd assessments through March of 2010.    Board members expressed disappointment that Jody did not follow through on her promise to drop the order.  They were also disappointed that she requested assistance from the Town Board, but then rejected the results of a group assessment and plan to address the situation.  They did not agree with Jody that the only change observed at the Fait property on August 21^st was the condition of the stallions.

Judy Fait was present at the meeting.  Judy reported their stallions improving due to implementation of a special feed mixture prescribed by the veterinarian.    The older one is not improving as quickly as the younger one, but swelling is going down.  Board members requested follow up documentation from the vet. 

SEPTEMBER 8, 2008                       REGULAR BOARD MEETING                                        7:00 p.m.

Consensus of the Board was to direct a letter to Countryside Humane Society indicating disagreement that the Fait horses are being abused or neglected and questioning why the Town should continue their services when they and their residents are treated this way.    All Board members are to sign the letter.

Meeting Format:  Consolidation Information Meeting September 24, 2008

Board members indicated a question and answer format is preferred.  State Representative Robin Vos is to be invited to the meeting.

PERIOD FOR PUBLIC COMMENT:   Mike indicated the State of Wisconsin Humane Officer training program is being offered by the Department of Agriculture September 22-26, 2008.  Chris Birkett indicated he would be interested in the training if openings are still available in the program.  Costs are $500.00, plus licensing fees. Travel to and from Madison will also be required.  Consensus of the Board was to approve Chris’s enrollment in the program contingent that an opening is available.

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

Respectfully submitted,

Betty J. Novy, CMC

Clerk-Treasurer

SEPTEMBER 24, 2008            JOINT TOWN/ VILLAGE BOARD MEETING                     6:30 p.m.

Town Chairman Gary Beck called the meeting to order at 6:32 p.m., with Chris Denman, Russ Kumbier, Jim Henning, Bill Weidert, Dave Pattengale and Mark Tamblyn present from the Village Board;  and Paul Beere and Mike Weinkauf present from the Town Board.  Village Trustee Dean Stapleton was absent. 

There were no representatives present from the Town of Spring Prairie.

Betty Novy, Clerk-Treasurer, was also present.

Purchase of Used Fire Truck:  Rochester Fire Department

Fire Chief Tim Dahlberg addressed the Board with report of a used fire truck for sale by Eastway Emergency Vehicles in Ottawa Canada.  A purchase price of $85,000 was negotiated for a 2500 gallon tanker that was completely refurbished in 1995.  It is built on a 1983 Kenworth chassis and has a stainless steel body.  Only the pump motor is original.  A third party inspection was being performed that day. 

The truck is subject to the same credentialing standards as the National Fire Protection Agency (NFPA), except that the name of the authority is different in Canada.   NFPA standards date trucks from the refurbished year.   The vehicle should be acceptable as a back-up pumper for seven years.  The engine has 45,000 miles on it and 3,030 operating hours since refurbished in 1995. 

Tim Dahlberg and Jack Biermann, Assistant Fire Chief, indicated willingness to fly to Ottawa, Canada and drive the truck back if the third party inspection proved good and expenses were reimbursed.  Airfare was available for $157.50 a ticket.  The return trip would require reimbursement of fuel and any other costs to travel about 850 miles.   They expect to complete the trip in one day.    If purchased, the truck will have to be equipped with a generator and be decaled for Rochester.   Total costs are not yet known, but expected to be less than $100,000.

Board members indicated this scenario much better than outlay of over $500,000 for a new vehicle that would be utilized for back-up purposes only.  The replacement schedule for front line vehicles was discussed.  Board members indicated the schedule should be bumped up so that vehicles are replaced on a ten-year rotational cycle from now on, with front line vehicles demoted into a back-up position at the end of their 20 year life.  It was also suggested that the fire company look at used vehicles in the future as an acceptable alternative to new front line vehicles.  If vehicles can be purchased when two to three years old, a lot of taxpayer money could be saved.

Tim reported on a recent visit by a FEMA representative.  She offered to help him write a grant for vehicle replacement.  Tim is planning to work with her to submit an application.

Town of Rochester Board:  Paul Beere moved, 2^nd by Mike Weinkauf to approve purchase of the fire truck from Eastway Emergency Vehicles contingent on positive inspections by both a third party inspection firm and the Fire Chief.  Motion carried.

Village of Rochester Board:  Russ Kumbier moved, 2^nd by Dave Pattengale to approve purchase of the fire truck from Eastway Emergency Vehicles contingent on positive inspections by both a third party inspection firm and the Fire Chief.  Motion carried.

It was noted a cashiers check will be necessary in order to pick up the truck.  Consensus of both Boards was to cut checks for their respective shares, with each municipality covering one-half of the Town of Spring Prairie’s share which is to be reimbursed when final costs are known.

Respectfully submitted,

Betty J. Novy, CMC

Clerk-Treasurer

September 24, 2008               Consolidation Public Information Meeting                                    7:00 p.m.

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

Betty Novy, Clerk Treasurer (Town and Village) and Sandi Swan, Deputy Clerk-Treasurer were also present. There fourteen residents from the Town and Village present in the audience including State Representative, Robin J. Vos and his wife.

Open Discussion/Question and Answer Period

Pattengale moved, 2^nd by Kumbier to adjourn at 7:50 p.m. All were in favor. Motion carried.

Submitted by,

Sandi Swan

SEPTEMBER 29, 2008        Special Joint Village and Town 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, Dean Stapleton, Russ Kumbier, Jim Henning, Mark Tamblyn and Dave Pattengale present from the Village Board.  Village Trustee Bill Weidert was absent.  Betty Novy, Clerk-Treasurer (Town and Village) and Sandi Swan, Deputy Clerk-Treasurer were present.

Rochester Volunteer Fire & Rescue Co 2009 Budget Proposal

Tim Dahlberg, Fire Chief, and Mike Kempken, Treasurer, presented Town and Village Boards with their 2006-2007 annual report and 2008-2009 budget proposal. 

The 2007-2008 annual report contained the following statistics:

The budget request for 2009 - 2010 was $120,975 in anticipated expenses minus (-) $11,550 in anticipated revenues ($109,425).  This represents a 6% increase from the 2008 funding proposal.

A truck replacement schedule was included with budget materials.

2007-2008 receipts were reported for the Rescue Squad ($130,668.01). Mike reported that the billing service they are using to bill out and collect for their services is doing an outstanding job with collecting.  The Fire department was able to purchase a brand new rescue squad this year and pay cash for it. The department is now in a good position with fire and rescue vehicles.

Discussion was held about the possible need for a full time employee to handle daytime calls. Dahlberg and Kempken are to come up with figures as to how much it would to cost to house a full-time employee and report at another joint meeting.

Rochester Public Library 2008 Budget proposal

Beverly Jensen, President of the Library Board, introduced Library Board members who were present (as follows):  Rachel Bennett, Arlouene Mulvey, Jill Haubrich, Wendy Ela , Cara Rogers and Carolyn Johnson. Mary Stapleton, Library Director; was also present.

Beverly Jensen presented annual circulation data through August, for 2008 and previous years.   Through August 2008, the library circulated 29, 251 items. In comparison, circulation for January through August of 2007 was at 25,024 items; an increase of 14%.  A pie chart showed circulation by municipality.  31% of these materials were checked out by Village of Rochester residents; 33% by Town of Rochester residents; 15% by Waterford residents; and 13% by Burlington residents.  The remaining 8% was classified “other”, meaning residents of other Racine County municipalities.

SEPTEMBER 29, 2008        Special Joint Village and Town Board Meeting                             7:00 p.m

Beverly reported that the children’s programming is their biggest strength not only for the Library but for the community as well. A total of 400 children attended summer programming in June and July. They have begun teen programming as well. The Rochester Library continues to offer computer training for adults; the Library has six computers and two laptops for public use. The computer usage continues to climb. Other programs offered include book clubs, knitting classes and informational talks and lectures.

Mary Stapleton presented the library’s 2009 budget proposal.   The overall budget showed a 5% increase from 2008.  The Lakeshores Resource Grant decreased by over $6,000. However, they are now receiving funding from the Walworth County Library System in the amount of $11,306.  Proposed funding increases totaled $1,597 for the Town of Rochester; and $972 from the Village of Rochester.  Retirement expenses are down; Jim Novy and Ann Schubert who were enrolled in the retirement program are no longer employees. 

Mary reported that the funding from the Walworth County Library System is funding that she should have been receiving for the past few years. However, due to negligence of administrative staff at Lakeshores Library System that funding was overlooked for the Rochester Library. It was brought to her attention by the head librarians at the Waterford and Burlington locations. Mary and the Rochester Library Board are requesting and explanation as to why they have missed out on the funding, but have received no word from LLS.

Motion made by Beere seconded by Kumbier to adjourn at 8:07 p.m.  All were in favor.  Motion carried.

Submitted by,

Sandi Swan

Deputy Clerk-Treasurer