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TOWN OF ROCHESTER Link to Town Board Meetings
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Link to Town Board Meetings |
JANUARY 8, 2007 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; Christopher Birkett, Public Works Supervisor; and John Tierney, Engineer, were also present.
Pledge of Allegiance.
Mike moved, 2nd by Paul to approve minutes of the December 5 & 13, 2006 meetings as printed. Motion carried.
Gary moved, 2nd by Mike to approve January disbursements as follows. Motion carried.
Town General Fund Disbursements:
Rochester Sewer Utility District #1 Disbursements:
Treasurer’s Report. Betty read the report as follows:
Betty reported 2.2 million dollars in property tax collections through December 31st, with a total of 1.9 million being paid out to the different tax districts with this month’s payables.
Sheriff’s Department. A written report was submitted showing the following statistics for December: three accidents; seventeen speeding citations, eleven traffic citations, eight parking citations and seventeen warnings were issued. Complaint statistics were as follows: thirty-one complaints originated through calls directly to the Sheriff’s Department; Deputy Prochaska assisted with ten additional complaints, originated twenty-two on his own, and performed follow up on one. He reported sixteen work days, 131.5 hours and 1,514 miles driven. Seven foot patrols were conducted.
Deputy Prochaska reported on communication with Chris Birkett and Pat Nolan regarding problem areas during the last snow storm. The issues were resolved. Most accidents occurred the day after the snow because of ice. Deputy Prochaska distributed a map showing traffic accident data to the Boards. There were two fatal accidents in 2006. This is down from five in 2005. Intersections along STH 36 are where most accidents occur. However, there are quite a few occurring along CTH D, mainly in the curves. Speed and impairment are the top causes. There was an accident on January 1st where an individual drove his car into a house. Impairment and a medical condition were the causes. There is also a gentleman currently boycotting Burger King. He is displaying a sign in public right of way areas near the restaurant. Deputy Prochaska is working with the establishment to make sure he stays within certain boundaries with his display.
Mike questioned whether Racine County Public Works has been notified of the number of accidents occurring on CTH D. Sergeant Kacmarcik stated they are not routinely notified. Consensus of the Board was to send a copy of the map showing traffic statistics for CTH D and other roads in the Town to Racine County Public Works. Concerns regarding the condition of CTH D should be expressed. An update on future plans for CTH D resurfacing should also be requested.
Public Works Department. Christopher Birkett’s written report was reviewed as follows:
Engineering Report. John Tierney read his project report as follows:
A proposal from Payne and Dolan was reviewed showing costs of material and labor to install used guardrail at the base of the existing guardrail posts at the N. River Road/ Eagle Creek crossing in order to retain the gravel shoulder. Costs were $950.00 to supply the used guardrail; or $1,800.00 to supply and install the used guardrail. Chris Birkett indicated he would be willing to install the guardrail and feels this would save the Town some money. Paul moved, 2nd by Mike to purchase the guardrail from Payne and Dolan and to have Chris Birkett perform the installation. Motion carried.
Gary questioned whether any communication had been received from Village of Waterford concerning possible extension of Evergreen Drive. John indicated this had not occurred yet, but Waterford will be contacted when Evergreen Drive is scheduled for resurfacing.
John also reported on response from Lynch Truck Center in regards to metering their water use. He is working with the building inspector to create uniform meter specifications.
Application for Kennel License: John Barnes, 32257 Academy Road (Renewal)
Deputy Prochaska reported on inspection of the premises and had no concerns. Additionally, there have been no complaints. Mike moved, 2nd by Gary to approve the Kennel License for John Barnes at 32257 Academy Road. Motion carried.
Pavement Core Proposals: 2007 Road Improvement Project
Three pavement core proposals were reviewed: GeoTest Construction Materials Testing for $1,082; Professional Service Industries for $1,520; and Giles Engineering for $2,995. John Tierney reported all vendors are qualified to do the work. Gary moved, 2nd by Paul to approve the proposal submitted by GeoTest Construction Materials Testing. Motion carried.
Mike moved, 2nd by Paul to approve an engineering services agreement with Baxter-Woodman Engineering for 2007 Town Road Improvements to supply design and construction related services. Motion carried.
Request for Reduction of Letter of Credit: Rookery Landing Estates
John Tierney presented his recommendation on Letter of Credit reductions showing an estimated $151,040 in remaining work to cover installation of final road surfaces, additional shouldering, installation of two street lights and 20% of initial erosion control costs. Mike expressed concern on whether the tile system is working properly and noted there were some areas with standing water in the development. John reported a drain tile was broken by one of the utility companies in an area of the development. He believes the developer has taken measures to repair it. Mike indicated he would like to retain a percentage of the letter of credit for the storm sewer system. He would like assurances that the system is working as intended. He would also like to know if any additional plans have been made for ponds in the development.
Gary moved, 2nd by Paul to table the request for a Reduction in the Letter of Credit for Rookery Landing Estates until the February meeting. Motion carried. The developer is to be invited to the meeting to address concerns.
Discussion on Land Use Plan approval by Plan Commission
Mike stated concern over the confusion that took place when the Town Attorney counseled the Board that the Plan Commission has control over the Master Plan. Atty. Hotvedt researched master plan statutes and indicated it is the Plan Commission’s responsibility to approve any changes to the Plan. Mike’s conversations with Carol Nowicki and Rick Stadelman, Wisconsin Town’s Association, indicated the Plan is advisory. State Statutes do not give all the control to appointed individuals. Mike’s understanding, based on his conversation with Rick Stadelmen, is that the Town Board has the ability to accept, reject or amend the plan by resolution.
Paul and Gary concurred they would need to see a written legal opinion from the Town’s Association before taking any action in that direction.
Mike stated he did not feel the recommendation of the Land Use Plan Committee was made clear at the Plan Commission meeting. The 50% open space requirement states the land has to be contiguous. This is a substantial amount of area. He perceives the 50% requirement as mandated cluster subdivision design. When he and Paul were elected, the main focus of their campaign was against mandated cluster subdivision design. He believes the majority of residents voted for them because they too were against mandating this design. Mike feels the open space requirement gives any developer a reason to discount the purchase amount because 50% of the land can’t be used. He does not feel this is a good way to develop the Town and feels that there will be pressure to lift deeded open space restrictions in the future.
Mike read his recommendations on open space made at the August 2005 meeting of the Land Use Plan:
Mike indicated the Land Use Plan Committee took and changed this recommendation, he feels to the detriment of taxpayers. People that paid the taxes on the land are getting the short end of the stick. Mike is in favor of open space but not to point of mandated cluster design.
Gary indicated before the Board goes against the wishes of the Plan Commission, they need to make sure this is within their power and that this is something they can do. Commissioners worked hard on the Plan and he does not wish to step where it is inappropriate to do so.
Paul indicated his concern is regarding the voter’s wishes. He feels the decision on Plan amendments should lie with elected individuals- vs. appointed. That way the people have the opportunity to vote Board members out when they disagree with their actions.
Consensus of the Board was to send a letter to the Town’s Association inviting a representative to a meeting to discuss this issue. The Town Attorney should be part of this process so that he has the opportunity for communication before the meeting. Plan Commissioners should also be advised of the date and time when this discussion will take place.
Period for Public Comment. Kathy North addressed the Board stating confusion over final approval of changes to the Land Use Plan. She did not know the Plan Commission had the final say and was upset that she did not have the opportunity to be at that meeting. Theresa Bates addressed the Board. She thought more discussion was needed and questioned whether Board members are diverse enough to reflect the general population. She feels the Plan Commission should represent a broader spectrum. She too never got the impression that the Land Use Plan update process would only require Plan Commission approval. She thought it would continue for Board approval. Paul Beere stated this is a matter of implementation- deciding who should have green space. Will it be 1.5 acre lots and open land set aside, or 3 acre lots with green space on every lot?
Mike moved, 2nd by Paul to adjourn at 8:16 p.m. Motion carried.
Respectfully submitted,
Betty J. Novy, CMC Clerk-Treasurer
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