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TOWN OF ROCHESTER Link to Town Board Meetings
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Link to Town Board Meetings |
December 12, 2005 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 Christopher Birkett, Public Works Supervisor; were also present.
Pledge of Allegiance.
Mike moved, 2nd by Paul to approve minutes of the November 14 & 17, 2005 meetings as printed. Motion carried.
Gary moved, 2nd by Mike to approve December disbursements as follows. Motion carried.
Town General Fund Disbursements:
Rochester Sewer Utility District #1 Disbursements:
Treasurer’s Report. Betty read the Treasurer’s report as follows.
Sheriff’s Department. Sergeant Kacmarcik reported the following statistics for November: two accidents; thirteen speeding citations, eight traffic citations and twenty-eight warnings were issued. Complaint statistics were as follows: twenty complaints originated through calls directly to the Sheriff’s Department; Deputy Prochaska assisted with twenty additional complaints, originated twenty-one on his own, and performed follow up on three. He reported 17 work days, 141.5 hours and 1,713 miles driven. Sergeant Kacmarcik also reported progress on the ability to write traffic violations on Honey Lake’s private roads. Reckless driving statutes can be utilized. Due to acceptance of some Honey Lake roads in Walworth County, Walworth County Sheriff Deputies are also now able to write citations and enforce speed limits. Combined, these two efforts should help alleviate some of the problems. For 2006, Deputy Prochaska will continue to serve Town and Village contracts full time. In addition, another officer will be chosen to work an additional 280 hours on the contract.
Public Works Department. Christopher Birkett presented his report for December as follows:
Mike reported on communication with Mr. Smith regarding repair of a culvert on Oak Knoll Road. Chris indicated the repair is scheduled. He will contact the property owner. Chris also reported a positive response from property owners in Honey Lake in regards to house number sign installation.
Engineering Report. John Tierney’s written report on projects was reviewed. Discussion was held on preliminary cost estimates to light the Case Eagle baseball diamond. Consensus of the Board was to have John prepare an actual design engineering proposal and construction cost estimate for the January meeting. Discussion was also held on the magnetic meter in the Fox River Prairie lift station. An email sent by John indicated the meter may not be providing accurate readings because of its design. John is to provide a cost estimate to modify the piping arrangement in order to correct the problem.
Site Plan Review of Commercial Development; Location: Evergreen Dr Owners: Groundupopps Enterprises LLC; Developer: Commercial Construction Consultants LLC; Jim Hurst (Parcel #014-03-19-01-021-050: .63 acre & 014-03-19-01-021-060 .34 acre)
Jim Hurst presented the site plan with explanation of a multi-tenant commercial building with two known uses- a used car sales business and a real estate office. Two additional units will be available for commercial lease. They are working with the owners of an abutting property, 29200 Evergreen Drive, to improve drainage by re-working existing asphalt between their proposed building and the existing building at that location. The new surface should provide access to the rear of 29200 Evergreen and create a better parking situation for both business locations. Concern was expressed about common use of the access and driveway area in the future. The property owner indicated no objection to recording a shared driveway/ access easement. It was reported that Plan Commission review resulted in a recommendation for approval of this site plan with the following conditions: stormwater best management practices are to be utilized for storm sewer design and installation; and an inspection manhole must be installed on the sewer lateral prior to system hook up.
Mike moved, 2nd by Paul to approve the site plan with the following conditions:
Motion carried.
Ordinance #2-2005 providing for Amendment and Adoption of Chapter III – “Building Code”
Legal comments prepared by the Town Attorney were reviewed regarding amendment to the Building Code. Gary moved, 2nd by Mike to adopt Ordinance #2-2005 with the following changes to be made by the Town attorney:
1. Section 3.05(3) Right of Access. The language as drafted seems to allow the building inspector access for almost any purpose at any reasonable time. The attorney is to create alternate language that further clarifies the conditions that grant right of access.
2. Section 3.05(6) is to be deleted and Section 3.05(1) Appointment, is to be amended to read as follows:
“There is hereby created a position of Town Building Inspector, who shall administer and enforce this Chapter and who shall be certified by the Wisconsin Department of Commerce as specified by Section 101.66(2), Wis. Stats. The Town Building Inspector shall be appointed by the Town Board and shall serve at the sole discretion of the Town Board of the Town of Rochester.”
Motion carried.
Resolution #7-2005 adopting a fee and bond schedule to be implemented in accordance with Chapter III “Building Code”
Some clarification on fee and bond amounts was needed. Mike moved, 2nd by Gary to table this item until the January meeting. Motion carried.
Letter of Credit Reduction Request: SKSK Development (Rock Ridge Subdivision)
The reduction request and the Town engineer’s recommendation were reviewed. Mike moved, 2nd by Paul to approve a reduction in the letter of credit to $38,307.50. Motion carried.
An additional concern was reported by Paul Beere. An abutting property owner, Gene Meyer, reported seeing one of the utility companies break a drain tile when knifing in lines along the road. Chris Birkett will talk to Gene about the location and watch for any problems in Spring.
Progress Update on Boundary Agreements
An email and updated boundary agreement drafted by Atty. John Hotvedt was reviewed. The agreement had been forwarded to the Village of Waterford as of the meeting date. The Board discussed several issues since the August 24th meeting where direction was given to draft a resolution indicating intent to participate in the boundary agreement process. In absence of a resolution, a draft boundary agreement was mailed to the Village of Waterford. The Board expressed concern that it took almost four months for communication to occur with the Village of Waterford and that their specific directive to draft the resolution was not followed.
Another item of concern was identified. Under the alternate process for consolidation in Wis. Stats. 66.0230 (2)(c), it states “The city or village with which the town wishes to consolidate enters into a separate boundary agreement, subject to approval of the town board of the town to be consolidated, with every city, village, and town that borders the proposed consolidated city or village.” The Board concurred this section indicates the Village of Rochester is to be a party to these boundary agreements in order for them to serve their intended purpose. It was noted they are not a signatory on the draft agreement. This is to be corrected and any resolutions must reflect the appropriate parties.
Consensus of the Board was to direct correspondence to the attorney stating the amount of attention being given this item is unacceptable. In the future, boundary agreements must be given priority in the attorney’s work schedule so that progress can occur at a much greater pace. This correspondence is to be copied to senior members of the law firm.
Plan Commission Appointments
Gary re-appointed Paul Beere and Bob Willard to the Plan Commission for three-year terms.
Resolution #5-2005 for the purpose of adopting the 2005 Tax Levy
Mike moved, 2nd by Paul to approve Resolution #5-2005. Motion carried.
Resolution #6-2005 to amend land division “Design Standards” section 5.4, A. (6) Storm Sewer to require that drainage inlet pipes created than eighteen (18) inches be equipped with debris grates
Gary moved, 2nd by Mike to approve Resolution #6-2005. Motion carried.
Application for Operator’s License: Heather Renner (The Bunker)
Betty reported a responsible beverage server’s course completion certificate was submitted. Heather’s criminal background check showed no reason for denial. Mike moved, 2nd by Gary to approve the operator’s license for Heather Renner. Motion carried.
December Newsletter- submitted for correction or approval
Consensus of the Board was to approve the newsletter for distribution. Paul Beere requested a map of the Town be included in an upcoming issue.
Period for Public Comment. Buzz Hurley expressed concern that a private citizen was able to utilize the Town’s projector for a presentation at a recent Plan Commission meeting. Gary stated any future use of the projector must be approved by the Chairman.
Gary moved, 2nd by Mike to adjourn at 8:50 p.m. Motion carried.
Respectfully submitted:
Betty J. Novy, CMC Clerk-Treasurer |