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TOWN OF ROCHESTER Link to Town Board Meetings
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Link to Town Board Meetings |
December 10, 2004 SPECIAL BOARD MEETING 3:45 p.m.
Meeting was called to order at 3:45 p.m. with Mike Weinkauf and Paul Beere present. Gary Beck was absent.
Betty Novy, Clerk-Treasurer, was also present.
Candidates were interviewed for the public works supervisor position.
Paul moved, 2nd by Mike to offer the position to Christopher Birkett at $16.00 an hour to start and mileage reimbursement paid at the federal rate. A performance review is to be scheduled for three months. Motion carried.
Paul moved, 2nd by Mike to adjourn at 6:15 p.m. Motion carried.
Respectfully submitted,
Betty J. Novy Clerk-Treasurer
December 13, 2004 REGULAR BOARD MEETING 7:30 p.m.
Meeting was called to order at 7:30 p.m. with Gary Beck, Paul Beere and Mike Weinkauf present.
Betty Novy, Clerk-Treasurer, was also present. Gary Chart, Public Works Supervisor was absent.
Mike moved, 2nd by Gary to approve minutes of the November 15 & 18, 2004 meetings as printed. Motion carried.
Paul 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. Paul moved, 2nd by Gary to approve the Treasurer’s report as follows. Motion carried.
Public Works Department. Gary Chart was not present.
Sheriff’s Department. Sergeant Kacmarcik reported the following statistics for November: four accidents; one speeding citation; ten traffic citations; zero parking citations and twenty-two warnings were issued. Complaint statistics were as follows: fifteen complaints originated through calls directly to the Sheriff’s Department; Deputy Prochaska assisted with seventeen more, performed follow up on twenty-two complaints and originated twenty-two on his own. There was one misdemeanor/ ordinance arrest and two OWI arrests. Four foot patrols were conducted. Deputy Prochaska recommended the house number sign ordinance be updated to reflect new posting requirements after uniform signs are installed. He further recommended that some type of penalty be included for those who willfully damage or remove signs. An article should also be placed in the newsletter to inform residents of posting requirements when the signs are installed.
House numbering system options: Mark Lange, Lange Enterprises
Mark Lange addressed the Board and updated post costs as follows: green latex increased from $5.03 to $5.30; green powder increased from $5.54 to $5.80; blue powder increased from $6.52 to $6.78; and galvanized increased from $6.91 to $7.18. Mark explained increased steel costs are the reason for the change. Discussion on the types of posts and sign styles resulted in consensus of the Board to order blue 18 inch by 6 inch signs with reflective four inch numbers, and borders, with latex painted green posts. Mark will prepare a formal written proposal for January’s meeting.
Response to complaints on Dale Creek Gun Dogs: Karen Mawhinney; Tom Waite
Karen Mawhinney addressed the Board. She apologized in that this matter should really be directed to Racine County. However, due to the neighbors that appeared at the Town meeting last month, they felt it important to clear up some misinformation. She indicated disappointment that neighbors haven’t talked to them about some of the allegations. She understood some complaints were stated that Dale Creek requested the railroad whistle be blown at their crossing. She stated opinion that no one should be complaining about the whistle. The railroad is and always was there. They did not request that the whistle be blown, however they are checking with Canadian National Railroad to see if something can be done about it. She indicated they purposely sited the Kennel behind the railroad tracks so there would be no complaints about noise. However, she noted now complaints are being received about train noise- something out of their control.
Tom Waite addressed the Board regarding the situation involving shooting near the Dale Creek/ Dornan property line. He indicated the shot that was alleged to be within so many feet of Doug Degner’s head was no where near Degner. He felt the situation was blown out of proportion. A 28 gauge shotgun was discharged a few feet into the 50-yard buffer area (from his property side) as part of dog training exercises. The bird fell on Dale Creek’s (Waite’s) property line. He quoted Doug Degner stating to him (after the incident) “I wish you had shot me so I could shut this place down”. Tom had been (dog) training for at least three hours when Doug came down the fence line in camouflage.
Tom indicated firearms are discharged on the Dornan property (the property Doug Degner was walking on) as well; there is a trap and ski house behind the red barn. Mr. Dornan is a firearms dealer. All types of firearms are discharged on that property, including automatic weapons, without restriction. The Dornan property is used for hunting as well. As to the Lancour property (another abutting property), friends of the Lancours’ hunt on their property too and can hunt right up to the property line. Tom indicated neighbors hunt and discharge weapons without restriction. He, on the other hand, is subject to conditional use permit restrictions and the buffer zone requirement.
As to the request for notification when using the Dornan property, Tom offered to place an orange flag on a corner post so that Doug, or anyone using that property, could raise the flag to notify Tom of their presence. This was offered as a solution to Doug’s concern about weapons being discharged in that direction.
In regards to pictures presented at the November meeting, he stated it is virtually impossible to have shells fall outside of his property. The types of guns used are never more than a 12 gauge shotgun. They can’t use anything larger for waterfowl training. They do not use rifles; only shotguns.
He did not understand complaint of Jackie Busch, stated at the November Board meeting, of shells found in the backyard of a friend’s house that abuts Tom’s property. Jackie was present and showed Tom where the property was. It was determined her complaint was not related due to the fact that the time of occurrence pre-dated opening of the Dale Creek operation and the property did not abut his.
As to dogs barking in the kennel, Tom noted the neighbor in closest proximity to the kennel is not complaining. The Sheriff’s Department was called out once in response to a complaint. The officer sat for 45 minutes and witnessed no barking. The State required he build the kennel facility to be sanitary and set up in such a way to keep neighbors happy. Tom noted he hears neighbor’s dogs barking from 10 p.m. – 2 a.m. in the morning but stated this is typically the sound of one dog, probably out on a chain. In a kennel, if one dog barks all the dogs bark. The sound is quite different.
He stated he purposely chose this site for his business because only one residence abuts the property and it stands on the other side of a stand of oak hardwoods (approximately 200 yards). He offered a copy of the set of regulations given to all clients before they are allowed to train their dogs. Complaints stated at the November meeting made it seem as if there were no regulations or rules offered to members of the club.
As to the allegation of releasing game birds along the fence line, Tom stated birds cost $10 to $12 a piece. Releasing them along the fence line would be a waste of money he can’t afford.
As to dogs pursuing downed game across property lines, Tom indicated it is against DNR regulations not to pursue. However, new five-foot field fencing has been installed to prevent dogs from crossing the lines. He noted having retrieved Lancour’s dogs several times and returning them to their home.
Gary Beck questioned whether they had received a copy of the Notice of Violation issued by Racine County Planning.
Tom indicated they received it Saturday and are working with Racine County. In regards to the pond constructed on the property (violation #3 on the notice), Tom indicated they took some fill out of that area to build a berm and didn’t think of it as a pond at that time. They will work with Racine County to meet any requirements.
In regards to single and corporate memberships to hunt on the property (violation #2 on the notice), Tom explained 90% of his activities are related to dog training. The other 10% a shooting preserve. There are 30 members maximum and there is turnover every year based on dogs. Without Tom’s knowledge, one member donated a ten bird hunt to a charity. However, what was not known or brought out in previous discussions was that the client had to be the guide and his dog had to be used. Tom’s brochure was presented to the Board; dog training and boarding were its primary focus. Tom also indicated his website does not advertise public hunting so he was not aware of the website complainants visited offering use of his land for hunting to the general public.
In regards to violation #1, the mowed buffer area, he noted he had destroyed some equipment over the summer trying to keep the area mowed. However, the area is now mowed and signs are spaced 40 yards apart stating “no shooting beyond this point”.
Mike Weinkauf stated people were concerned about the safety of their kids from a possible stray bullet. He noted mowing, installation of a fence and signage should help anyone on Dale Creek’s property stay within the limits. He suggested Tom follow his zoning requirements and work with neighbors.
Tom again stated only shotguns are used. Bullets are very different; rifles are not used on his property.
Mike also suggested Tom keep away from planting birds in the corner of his property that abuts the Lancour property.
Tom explained they cannot shoot west towards CTH DD; there is no hunting in that area. They also don’t shoot on the side by the Uttech property. He noted hunting occurs on other properties that abut his and they hunt right up to property line. In his instance, at least people are schooled and are there for a reason.
Tom was directed to mow more often to address the concerns of other property owners. He agreed to do so. It was understood that Tom cannot control the train horn because it is federally regulated. However, if there is a way to change it; they will.
Kennel License Renewals:
Tony & Janet Helland, 1521 Heritage Road;
Deputy Prochaska reported passed inspections of all properties with the exception of Dale Creek Gun Dogs. A humane officer will accompany him on that inspection because of the size of the operation. He expects the inspection to be done within the week. Mike moved, 2nd by Paul to approve kennel license renewals for William & Sharon Monnin; Tony & Janet Helland; and Nancy Anderson. Dale Creek Guns Dog’s approval is contingent on a passed inspection. Motion carried.
Resolution #8-2004 “accepting improvements to Fairview Street”
Betty reported the final surface of Fairview Street was installed as part of 2004 road improvements projects. This resolution is necessary to fulfill terms of the developer’s agreement that extended the road for the purpose of a land division. The engineer recommended the $451.11 road bond, collected to guarantee the base course installed by the developer last year, be released. Gary moved, 2nd by Mike to approve Resolution #8-2004 and to release the $451.11 road bond to the developer. Motion carried.
Agreement to provide Public Health Services: Aurora Health Care
Some cost increases to public nurse, clinic hour and secretarial charges were noted in the contract proposal. Consensus of the Board was to question the public health director on these charges during the annual report in April. Gary moved, 2nd by Paul to renew the contract for a two year term. Motion carried.
Oakes & Jung Gravel Pit restoration bond requirements
Correspondence from Racine County Planning and Development was reviewed indicating a $112,500 restoration bond requirement. Betty reported on conversation with Frank Risler, Racine County Planning and Development. Frank indicated his impression that a misunderstanding caused Oakes & Jung to reduce their restoration bond to $62,500.00. Racine County Planning will follow up on the issue. Gary moved, 2nd by Mike to send correspondence to Racine County endorsing the $112,500 bond amount. Motion carried.
2005 Road Project Selection
Based on $183,250.00 budgeted for 2005 projects and the adopted five-year improvement plan, consensus of the Board was to solicit engineering proposals from River Bend Engineering, Baxter-Woodman, and Crispell-Snyder for design and construction oversight costs to resurface the following roads in 2005: Fox View Drive; Ridge Line Road; and Abbey Lane. If funds remain after project costs, improvements should be made to the ditch line abutting 29200 Evergreen Drive (currently the Miller property).
Library Board Appointment: Jill Haubrich
Paul moved, 2nd by Gary to appoint Jill Haubrich as a Town representative on the library board. Motion carried.
Plan Commission Appointments: Karyn Borcuki and Brian Wanasek
Gary reported Karyn Borucki’s decision to decline re-appointment. Gary moved, 2nd by Paul to approve appointment of Brian Wanasek to another three-year term on the Plan Commission. Motion carried. Gary requested those present to inform him of any individuals known to have interest in the position.
2005 – 2006 Election Official Appointments: Colleen Holder; Joyce Schrader; Jane Babik, Edna Dobson, Maureen Eckert, Bill Miller, Margaret Schmidt, Mildred Welke, Lucille Hardie, Wayne Schrader, Richard Gay, Mary Grube, Tammy Serna, Pamela Schweitzer
Paul moved, 2nd by Mike to approve election official appointments. Motion carried.
Update on Waterford/ Burlington Boundary Agreements
Gary reported on a meeting with City of Burlington officials. They identified two properties that lie in the Town that the City may want to annex in the future. Those areas are: 220 acres located at the intersection of Teut Road and CTH W (currently known as the Baumeister farm); and a small triangle of land abutting STH 36 that is owned by the St. Francis Monastery (currently under their jurisdiction). These areas are incorporated into their city plan. They also identified an area of the Town of Burlington that may become isolated as the City expands. They felt this area may be better served by Rochester in the future because of access for emergency vehicles, etc. However, that issue would ultimately have to be worked out with Town of Burlington. Buzz Hurley stated objection to annexation of the Baumeister farm into the City of Burlington. Jackie Busch questioned whether the City would give up any properties to the Town. It was explained Towns do not have annexation powers. Bob Willard suggested checking into agreements between the Town and City of Burlington to see what is already in place. Paul moved, 2nd by Mike to instruct the Town Attorney to begin working on an agreement with the attorney from the City of Burlington. Motion carried.
Winter Newsletter presented for additions, corrections
Consensus of the Board was to approve the newsletter for distribution with addition of an article informing residents of the Plan Commission vacancy.
Public Comment:
Buzz Hurley commented annexing the Baumeister farm to the City of Burlington is selling him off. Bob Willard stated it is conceivable future property owners may not want to annex. It will only be initiated at the request of the property owner.
Paul moved, 2nd by Mike to adjourn at 10:01 p.m. Motion carried.
Respectfully submitted:
Betty J. Novy Clerk-Treasurer
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