TOWN OF ROCHESTER
Racine County, Wisconsin
Municipal Office Phone:  (262) 534-5742;  Facsimile:  (262) 534-4084
Mailing Address:  203 W. Main Street, P.O. Box 352, Rochester, WI  53167

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May 8, 2006                                       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 John Tierney, Engineer, were also present.  Christopher Birkett, Public Works Supervisor, was absent.

 

Pledge of Allegiance. 

 

Mike moved, 2nd by Gary to approve minutes of the April 10 & 17, 2006 meetings as printed.  Motion carried.

 

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

 

Town General Fund Disbursements:

Num

 

Name

 

Amount

8380

 

Department of Employee Trust Funds

 

626.34

8381

 

Wisconsin Department of Revenue

 

392.56

8403

 

Beck, Gary J

 

368.69

8404

 

Beere, Paul E.

 

363.08

8405

 

Birkett, Christopher J

 

616.32

8406

 

Novy, Betty J.

 

1736.91

8407

 

Romanak, Kathy J

 

375.02

8408

 

Swan, Sandra J

 

897.55

8409

 

Weinkauf, Michael P.

 

363.08

8382

 

Community State Bank

 

1654.60

8383

 

American Industrial Leasing

 

73.00

8384

 

Christopher Birkett

 

232.29

8385

 

Baxter Woodman

 

5677.56

8386

 

Community State Bank

 

31.95

8387

 

Cutting Edge Lawn Care

 

900.00

8388

 

T.D.S. Telecom

 

208.59

8389

 

Industrial Towel & Uniform

 

38.48

8390

 

Memorial Hospital of Burlington

 

944.02

8391

 

Municipal Services LLC

 

3323.71

8392

 

Office Copying Equipment Ltd.

 

103.42

8393

 

Onyx Environmental Services

 

9490.32

8394

 

Pats Sanitary Service

 

88.07

8395

 

Racine County Sheriff's Department

 

6276.46

8396

 

Sam's Club

 

51.38

8397

 

Sandi Swan

 

39.12

8398

 

Southern Lakes Media

 

224.50

8399

 

T & T Tree Service

 

400.00

8400

 

Wisconsin Electric

 

1369.09

8401

 

Betty Novy

 

66.76

8402

 

James R. Frechette, CPA

 

1700.00

 

 

Total 11010.0 · General Checking

 

38632.87

 

 

 Rochester Sewer Utility District #1 Disbursements:

Num

 

Name

 

Amount

3253

 

Town of Rochester

 

444.11

3254

 

Racine County

 

185.98

3255

 

Reineman's Waterford True Value

 

64.77

3256

 

We Energies

 

2.79

3257

 

T.D.S. Telecom

 

74.52

3258

 

Village of Rochester

 

134.97

3259

 

Town of Rochester

 

287.43

3260

 

Crispell-Snyder

 

183.35

3261

 

James R. Frechette, CPA

 

1240.00

 

 

Total 11010.0 · Sewer Checking Account

 

2617.92

 

Treasurer’s Report.   Betty Novy read the report as follows: 

Town General Checking Account Balance

$21,975.06

Town Money Market Balance

$549,247.98

Park and Recreation Balance

$52,555.17

Town General CD#4056963

$412,284.75

Town General CD#4026964

$121,001.58

Honey Lake Fund Balance

$24,881.77

Sewer Utility General Balance

$83,968.36

Sewer Utility Money Market Balance

$44,020.36

Sewer Utility CD#40026996

$77,274.67

Sewer Utility CD#40026636

$80,629.34

 

Betty requested a meeting date be set to complete Board of Review training requirements.  Board members will contact her to set up a convenient time.  She also reported on attending a training session on new DNR reporting requirements for the Sewer Utility system.  Reports are meant to serve as a self-analysis tool to determine how well managed the system is.  A resolution will be required from the Board prior to submittal.  An estimate to install a street light at the intersection of CTH J & Rowntree Road was received from WE Energies for $4,927.50 plus monthly charges.  Consensus of the Board was not to pursue this at this time.

 

Sheriff’s Department.  Sergeant Kacmarcik reported the following Town and Village statistics for April:  three accidents; fourteen speeding citations, eight traffic citations, six parking citations and forty-three warnings were issued.  Complaint statistics were as follows:  thirty-seven complaints originated through calls directly to the Sheriff’s Department; Deputy Prochaska assisted with twenty-two additional complaints, originated twenty-four on his own, and performed follow up on six.  He reported 26 work days, 170.75 hours and 2,177 miles driven.  Four foot patrols were conducted.  Deputy Prochaska reported on an anonymous complaint received regarding business activities on the Kossow property.  Racine County Code Administration will be handling the issue.  Also discussed was a change to the Town’s ordinance on trespassing.   The current ordinance requires the land to be posted or verbal notification not to be on another’s property before a violation occurs.  An amendment was requested to make the ordinance more restrictive so notice is not required.  Deputy Prochaska will be working on several other ordinance amendments and may have the Board review other possible amendments at a future meeting.  Paul questioned the responsibility of builders to clean up construction debris.  He noted debris on farm fields adjacent to Rock Ridge Subdivision, where new homes are being built.  Building code and litter ordinances will be checked.

 

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

 

Lift Station:         

·        Standard exercise of valves and generator. 

 

·        Went through shutdown of lift station and hook up of generator for power source with the system’s design engineer.

 

·        Purchased recommended tools for the lift station in case of power outage.

 

 

Roads:                  

·        Weekly road checks.

 

·        Installed speed limit sign on Landmaid Street to settle a neighbor dispute.

 

·        Investigating a water retention complaint off of Heritage and Vista View Drives.

 

·        The ditch on Old Orchard and N. Browns Lake Road is flowing well again.

 

·        Looked into a complaint on “Road Closed” barricades on N. River Road & STH 36.

 

Engineering Report.  John Tierney read his project report as follows.

 

Rock Ridge Subdivision

  • Inspected site drainage and erosion control.  Prepared erosion control letter to developer to re-establish ditch line and turf.

 

 

N. River Road Reconstruction      

  • Project Bids opened on Thursday, May 4, 2006 at 1:30 p.m. with favorable results.

 

 

Coyote Crossing Subdivision     

  • Awaiting final engineering plan submittal.

 

Stone Property Land Division

  • Developer presented revised land plan and infiltration basin concept to the Plan Commission at May meeting.

 

 

Evergreen Drive Retail/ Office

  • Awaiting final plans.

 

 

Rookery Landing Estates I & II

  • Final engineering plans and calculations received 5/1/06.

 

 

2006 Road Project: Vergon & Seidel Drives

  • Bids opened Thursday May 4th at 2:00 p.m. with favorable results.

 

 

Case Eagle Baseball Diamond Lighting

  • Met with County maintenance personnel to gain access to the electrical panel.  Racine County also provided additional park plans and a recent aerial photo to aid in site layout.

 

 

Kernz Certified Survey Map- Plan Review

  • Made recommendation to the Plan Commission regarding CSM.  Approved with conditions.

 

Review of Bids and Possible Award of Contract: 

N. River Road Re-Construction Project:

Payne & Dolan:                      $362,197.78

Powers Lake Construction:    $416,254.40

 

John Tierney reported Baxter-Woodman’s recommendation to award the project to Payne & Dolan.  The importance of notifying both the Sheriff’s and Fire Department of the construction schedule was noted.  A letter should also be mailed to affected residents with the project schedule and what they can expect.  Mike moved, 2nd by Paul to award the N. River Road reconstruction project to Payne and Dolan for the bid amount of $362,197.78.  Motion carried.

 

2006 Town Road Program:

Payne & Dolan:                     $171,179 + $3,300 for an alternate to install rip-rap along N. Honey Lake Road

Black Diamond:                     $181,302 + $3,324 for an alternate to install rip-rip along N. Honey Lake Road

 

John reported Baxter-Woodman’s recommendation to award the project to Payne & Dolan.  Mike moved, 2nd by Paul to award the project to Payne & Dolan for the 2006 Town Road program, including slope improvements to N. Honey Lake Road.  Motion carried.   


Resolution #4-2006 to finance $145,670 for the purchase of an Equipment Truck for the Fire Department

 

Gary read the resolution.  Mike moved, 2nd by Gary to approve Resolution #4-2006 making application to the State Trust Fund Loan program for a $145,670 loan for a five-year term.  Motion carried.              

 

Ordinance #1-2006 “Use of Cigarettes and Tobacco Products by Children is Prohibited”

 

Deputy Prochaska reported the intent of the ordinance is to make violation of this State Statute enforceable under Town ordinances.  Gary moved, 2nd by Paul to adopt Ordinance #1-2006.  Votes were:  Gary:  Aye;  Paul:  Aye;  Mike:  Naye.  Motion passed.

 

Ordinance #2-2006 “Increasing Quarterly Sewer Charge from $66.00 per unit to $73.00 per unit”

 

Betty reported this ordinance was drafted at the recommendation of the Rochester Sewer Utility District #1 Board.  The rate increase is intended to make up for a projected income shortage in 2006.  Mike moved, 2nd by Paul to adopt Ordinance #2-2006.  Motion carried.

 

2706 Fox Grove Drive Escrow Release

 

Betty reported the escrow amount is for a road opening required last year in order to install sewer line to a new house.  A $2,000 check was deposited by Weber Homes to be utilized if the Town had to perform any repairs to the asphalt patch.  Typically, escrow funds for this purpose are held one year.   Some settling has occurred.  After inspecting the area, John Tierney recommended the Town retain at least $500 to cover cutting out, re-compacting and patching the area.   Consensus of the Board was to send a letter to Weber Homes giving them 90 days to complete the repair.  After ninety days, if the road repair is not completed, the Town is to contract to have the repair done and draw on the deposited funds.  After the repair is found satisfactory by the Town engineer, any remaining monies are to be refunded to the builder.

 

Request for consideration of Administrative Penalties for Liquor Law Violators

 

Betty reported on submitted materials titled “Administrative Penalties for Liquor Law Violators” that were presented at the last meeting of the Western Racine County Board of Health.  Local municipalities are being asked to consider adopting this type of legislation to impose a penalty on liquor license holders when employees are charged with serving or selling alcohol to minors.  Discussion followed on whether a business owner should be held responsible for the action of their employees.  Consensus of the Board was to have the Health Department or Town attorney offer more information on implementation of the ordinance.

 

Appoint Alternate Member for Board of Review

 

Gary moved, 2nd by Mike to appoint Nancy Klemko as the alternate member of the 2006 Board of Review.  Motion carried.

 

Request for Annual Contribution: “Rochester Memorial Day Parade Committee”

 

Mike moved, 2nd by Gary to contribute $50.00 towards the parade.  Motion carried.

 

Application for Special Exemption Permits (to allow outdoor music);
The Bunker, 29224 Evergreen Drive:

  • May 29, 2006 from 2:00 p.m. to 6:00 p.m. “Memorial Day Celebration”

  • June 10, 2006 3:00 p.m. to 10:00 p.m. “Vietnam Vets Poker Run”

  • June 11, 2006 from 1:00 p.m. to 5:00 p.m. “Flag Disposal Ceremony”

  • July 4, 2006 from Noon to 6:00 p.m.  “July 4th Celebration”

  • July 15, 2006 from 2:00 p.m. to 8:00 p.m. “Diabetes Fund Raiser”

 

Gary verified that no complaints have been received on prior events.  Gary moved, 2nd by Mike to approve all five permit applications.  Motion carried.

 

Application for Operator’s License:  Caroline L. Royske; “The Bunker”

 

Betty reported on Caroline’s application submittal, including her “Responsible Beverage Servers Course Completion Certificate”.  Her background check came back with no alcohol related offenses.  Mike moved, 2nd by Gary to approve the operator’s license application for Caroline Royske.  Motion carried.

 

Report on Boundary Agreement progress

 

An email on legal costs from the Village of Waterford’s Administrator was reviewed as well as copy of a letter sent to Waterford requesting action be delayed on Boundary Agreements until such time as Town and Village (of Rochester) Boards can offer further consideration to the issue.  The email from Waterford also recommended work on the Agreement be delayed until they are through the process of hiring a new administrator.   Information was also supplied to Board members regarding the budgetary impact of boundary agreement legal costs and possible difficulties with funding due to tax levy limitations. 

 

Consensus of the Town Board was to move forward on the boundary agreement process, however, they would like to wait until the Village of Waterford hires a new administrator.  In response to some of the questions raised by Waterford’s attorney in the email, they wanted to clarify that the basic format of the agreement is already prepared.  The process they would like followed is for Waterford to appoint committee members whose task will be to work through the agreement template with representatives from Rochester.  All along, it is expected that Waterford will use their own legal representation to review and provide comment on what is created, but it should not be necessary for their attorney to draft significant portions of the agreement.  As promised, Rochester will reimburse legal expenses.  The Town Board indicated a personal meeting with Waterford’s new administrator and Village President should be scheduled when they are settled and able to discuss the agreement process.

 

Further discussion also brought about agreement among Board members that compilation of the Smart-Growth Plan for Racine County should help resolve boundary issues.    The plan will combine plans for every Racine County municipality into one report.  This process will take place with the assistance of the Southeast Wisconsin Regional Planning Commission and “gray areas” (for possible annexation) will easily be identified as plans are put together.

 

PERIOD FOR PUBLIC COMMENT:

 

Joanna Storm addressed the Board regarding the Franciscan Missions residence being built behind her property.  She is concerned that a road is being built to connect the residence and main Franciscan Missions building.  She requested a run-off or drainage plan be required if they intend to build a road.  Her concern is how it will affect her property.   The Town Engineer was directed to investigate what is being built.  She also questioned whether the Town is looking into Charter Towns legislation.  Gary indicated Board members received a draft of the Assembly Bill and that they are looking into it.

 

Mike moved, 2nd by Paul to adjourn at 8:25 p.m.  Motion carried.

 

Respectfully submitted,

 

 

 

Betty J. Novy, CMC

Clerk-Treasurer

 

May 31, 2006                                     SPECIAL BOARD MEETING                                           6:45 p.m.

 

Meeting was called to order at 6:45 p.m. with Gary Beck, Paul Beere and Mike Weinkauf present.

 

Betty Novy, Clerk-Treasurer was also present.

 

Special Exemption Permit to allow outdoor music:  Dale’s Bar, 35415 Academy Road

Saturday, June 3, 2006 from 4:00 p.m. to 8:00 p.m.

Fund Raiser/ Charity Event for Love, Inc.

 

Board members noted no objection to the charity event.  Gary moved, 2nd by Paul to approve the special exemption permit for Dale’s Bar for Saturday, June 3rd from 4:00 to 8:00 p.m.  Motion carried.

 

Gary moved, 2nd by Mike to adjourn at 6:46 p.m.  Motion carried.

 

Respectfully submitted,

 

 

 

Betty J. Novy, CMC

Clerk-Treasurer

 

May 31, 2006                            JOINT TOWN/ VILLAGE BOARD MEETING                         7:00 p.m.

 

Meeting was called to order at 7:00 p.m. with the following Board members present:

 

Town of Rochester:  Gary Beck, Paul Beere and Mike Weinkauf.

Village of Rochester:  Chris Denman, Jim Henning, Mark Tamblyn, Dean Stapleton, and Russell Kumbier. 

(Bill Weidert was absent.)

 

Betty Novy, Clerk-Treasurer, was also present.

 

2007 Law Enforcement Contract

 

Board members reviewed the 2007 contract proposal provided by the Racine County Sheriff’s Department.  The proposal was for 2,080 hours of service:  1,800 hours equaling one full time officer; and 280 hours considered 1/8 time of an additional officer.  Costs were stated at $108,742, a $5,570 increase from 2006.  Options for renewal were identified.  One, to remain at the same service level with cost sharing as follows:  Town:  $81,556.20; and Village:  $27,185.40; or two, to reduce the contract to 1,800 hours with costs divided as follows:  Town:  $71,402.71; and Village:  $23,800.90. 

 

Town Board:  Gary Beck moved, 2nd by Paul Beere to enter into a combined Town-Village contract with the Racine County Sheriff’s Department for law enforcement for 1,800 hours for 2007 at a cost of $71,402.71.  Motion carried.

 

Village Board:  Russell Kumbier moved, 2nd by Mark Tamblyn to enter into a combined Town-Village contract with the Racine County Sheriff’s Department for law enforcement for 1,800 hours for 2007 at a cost of $23,800.90.  Motion carried.

 

Boundary Agreements

 

Chris Denman reported on recent communications regarding a boundary agreement with the Village of Waterford.  Because Waterford is in the process of hiring a new administrator, the Rochester Village Board thought it might be best to wait until the hiring process is through and their new administrator has had time to get familiar with the community.  The suggestion was made that Rochester begin negotiations with the City of Burlington at this time.   Both Chris Denman and Gary Beck reported initial communication with Burlington went well although this was over a year ago.  Consensus of both Boards was this would be a good step to take.  The attorney is to revise the boundary agreement template for use with Burlington.  An initial meeting should then be set up with the Mayor and Administrator. 

 

Mike Weinkauf reported the Racine County Smart Growth grant will help with compilation of plans and maps of all Racine county municipalities involved.  He stated the importance of making other municipalities aware that Rochester is not trying to take something away from them in the boundary agreement process, but rather to cooperate with them in future planning. 

 

Mark Tamblyn suggested that all municipalities with which a boundary agreement is needed be sent a copy of the boundary agreement  template.  Correspondence explaining the process and inquiring as to their willingness to participate in the process should be included.    This will allow for preliminary input and also make Rochester aware of any potential problems before going too far in the process.   Consensus of both Boards was to proceed with distribution of these materials as noted.

 

Additionally, it was noted a small map displaying the area of interest previously identified by City of Burlington should be sent with the revised boundary agreement template at least two weeks before the initial meeting is scheduled.

 

Gary Beck moved, 2nd by Mike Weinkauf to adjourn at 7:37 p.m.  Motion carried.

 

Respectfully submitted,

 

 

 

Betty J. Novy, CMC

Clerk-Treasurer