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TOWN OF ROCHESTER Link to Town Board Meetings
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Link to Town Board Meetings |
November 15, 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; was also present. Gary Chart, Public Works Supervisor was absent.
Gary moved, 2nd by Mike to approve minutes of the October 12 & 19, 2004 meetings as printed. Motion carried.
Gary moved, 2nd by Paul to approve November disbursements as follows. Motion carried.
Town General Fund Disbursements:
Rochester Sewer Utility District #1 Disbursements:
Treasurer’s Report. Betty presented the Treasurer’s report as follows:
Public Works Department. Gary Chart was not present.
Sheriff’s Department. Sergeant Kacmarcik reported the following statistics for October: five accidents; eleven speeding citations; eleven traffic citations; one parking citation and twenty-four warnings were issued. Complaint statistics were as follows: twenty-six complaints originated through calls directly to the Sheriff’s Department; Deputy Prochaska assisted with twenty-one more, performed follow up on twelve complaints and originated twenty-six on his own. Fourteen foot patrols were conducted. Deputy Prochaska reported three accidents on N. Honey Lake Road in the “S” curve since the road has been reconstructed. He is giving the area special attention to try to slow traffic down. The end of October marked 219 calls from Town residents; 2003 saw 205 total. A metro drug arrest occurred in the Village of Rochester, although it was a Town of Rochester resident who was arrested. The individuals were selling cocaine and were found with two working scales, two guns, and a stun gun (which is illegal in this State). Deputy Prochaska was involved with identifying the perpetrators. Halloween went well. Deputy Prochaska performed bike patrol during trick or treat hours. Mike requested clarification of non-emergency calls as he noticed these make up the bulk of the call report . Deputy Prochaska responded non-emergency calls involve issues such as vandalism, dogs, credit card fraud, etc. Sargeant Kacmarcik indicated the Sheriff’s Department takes all complaints seriously as the individual is obviously irritated enough to call. Sometimes non-emergency calls can escalate into emergency situations. Paul Beere reported continued vandalism to mailboxes on Rowntree Road over the past couple of weeks. The Sheriff’s Department is investigating the incidents. Patricia Lancour requested follow up on some deer shining and shooting that had occurred near her residence in the past month. A DNR agent assisted with the investigation. It was believed minors were found participating in this activity. There have been no further incidents. Wayne Schrader questioned whether it is legal for a resident to site guns on their property. He has a neighbor who has been shooting day and night. Deputy Prochaska indicated it is legal in agricultural districts, but if noise is an issue he can respond under public nuisance ordinances. Doug Degner questioned whether it is a law that any projectile stay on your own property. Although there was no specific statutory knowledge of this, it was assumed that is the case.
Oakes & Jung Gravel Pit Agreement: Dan Oakes and Thomas Jung
Dan Oakes and Tom Jung addressed the Board. Aerial photographs and maps were shown to display areas where restoration of the gravel pit has begun. Their intention is to use up materials that were stockpiled for a job that did not materialize and use monies earned towards restoration. Dan and Tom believe the pit should be close to full restoration within two years. Final restoration plans include a pond in the center of the land. There was question about mining below the water table. Dan indicated part of the agreement is that they must request permission if they plan to do this. Racine County requires an updated topographical map upon restoration. Issues previously identified as being out of compliance with the agreement were corrected as follows: a locked gate has been installed at the entrance; metal signs have been installed every 300 feet around the boundaries of the work area; and current aerial photographs were submitted that night. An outstanding issue was the restoration bond amount. It was reduced to $62,500.00 and the agreement calls for $86,000.00. Dan explained Cecil Mehring, Racine County Public Works, indicated that amount in their discussions and that was why the bond was reduced. He will increase it back to $86,000.00 if the Board so wishes. Consensus of the Board was to request an explanation of criteria used to establish the bond amount (from Cecil Mehring) before authorizing the reduction.
Resignation of Lloyd Frye, Land Use Plan Committee Chairperson
Lloyd Frye addressed the Board. Lloyd explained that, for personal reasons, he could no longer serve as chairman of the committee. He stated personal conflict with telling people what they can do with their land and how that affects land values. He apologized for not being able to finish the assignment and suggested the Town begin a committee to explore how it could offer the same services (i.e. municipal water) as abutting municipalities. Gary Beck accepted Lloyd’s resignation and thanked him for his efforts to date.
Conditional Use Permit concerns regarding Dale Creek Gun Dogs: Doug Degner
Doug Degner and Mr. Dornan addressed the Board. Doug is the caretaker for Dornan Farm Corporation, owner of an abutting property to the south of Dale Creek Gun Dogs. Doug reported that Tom Waite, owner of Dale Creek Gun Dogs, recently discharged a weapon within a 50-yard buffer area that is restricted from such practice under his conditional use permit. Although the restriction has been violated before, this time it was documented due to a near miss. The projectile flew within 30 feet of Doug’s head. A police report was filed. Doug presented pictures of shotgun wads found on Dornan’s property from weapons discharged on the Dale Creek Gun Dog property. It was explained shotgun wads do not travel 150 feet. Pictures were also shown of the 50-yard buffer area that is supposed to be mowed so that hunters know not to discharge weapons in that area. There are some areas that are not mowed at all; and some where only 20 yards is mowed. A Notice of Violation was sent to Dale Creek on June 8th requiring that the area be mowed. It was not kept up throughout the summer months. Maps were shown of Dale Creek Gun Dogs and abutting properties.
Theresa Lancour, 34544 Oak Knoll Road, addressed the Board. She stated she was the source of the complaint that caused the June 8th notice. She stated this has been a problem since December of last year. Her family has had to alter their lives due to shots whipping through the trees by their property. They are concerned about their livestock and young children.
Mr. Dornan explained his property is posted No Trespassing. However, customers of Dale Creek Gun Dogs are sending their dogs in to retrieve birds that have been shot. He is a weapons dealer and stated a shotgun at 50 yards out can still be very dangerous. There is no control over the type of weapons being discharged there. He explained Tom Waite wanted his farm caretaker, Doug, to notify him when he went on Dornan’s land. He thought it ridiculous that someone would have to notify someone else before going on land that they have every right to be on.
Town Board members acknowledged there are people who are afraid and there are issues that need to be addressed.
Doug Degner continued that condition #13 of Dale Creek’s conditional use permit states shooting activities must relate to dog training. He noted the website for the operation offers no promotion for activities referring to dog training, but focuses on hunting.
Jeff Way, an abutting property owner (T. Spring Prairie), stated complaint about a private railroad crossing on Tom Waite’s property. Tom had Canadian National install a sign causing trains to whistle before the crossing. Trains now blow their whistles all the way from CTH D to CTH FF 24 hours a day. He stated Tom’s dog kennels were supposed to be sound proof and state of the art. Mark Pfiefer, a nearby property owner present in the audience (T. Spring Prairie), concurred he could hear dogs barking from 600 yards away. There was question about how many dogs are being kept there.
Mrs. Degner stated she had been laden with bird shot while walking her dog on the Dornan property. She no longer walks her dogs there for fear of her or her dogs being shot.
Jackie Busch, a resident present in the audience, stated she had noted shotgun shells in the backyard of a friend’s house that abuts the hunt club as well.
Those present requested information on what the Sheriff’s Department could do. Deputy Prochaska explained most of the violations are zoning issues and governed by Racine County Code Administration.
Bill Monnin, a resident present in the audience, questioned kennel license requirements and thought this was something the Town could use in response to complaints.
Deputy Prochaska indicated he needs to check with other regulatory agencies before conducting an investigation on the kennel operation to make sure he is aware of all monitoring requirements.
Doug Degner questioned whether the Town is willing to accept the liability resulting from non-enforcement of conditional use restrictions. It was noted the Town is not the enforcing agency in this matter. Complaints need to be relayed to Racine County.
It was noted Tom Waite had a right to purchase and use his land as long as he stays within the confines of use restrictions.
There were other concerns stated about the prolonged train whistle, although Pat Lancour, 34742 Oak Knoll Road, stated this may be related to a recent train vs. car fatality on Oak Knoll Road. Concerns were also stated about signage, however it was verified that the operation is in compliance with DNR requirements.
Mr. Dornan indicated this is a quality of life issue. His concern is that his farm manager was almost shot. He does not feel 50 yards is enough of a buffer area and will not have someone else telling him or his farm manager whether or not they can walk on their own property. He believes game birds are being released along his fence line. He feels hunters should be shooting into Dale Creek’s 90 acres instead of towards his fence line.
Doug Degner was directed to type up complaints and compile necessary documentation supporting any violations of conditional use permit restrictions for Dale Creek Gun Dogs and to forward that information to Racine County. Gary moved, 2nd by Paul to send a letter to the appropriate authority to report issues and provide documentation requesting that this issue be placed on the agenda for the purpose of being heard as soon as possible. Motion carried.
Resolution #7-2004 “A Resolution accepting Final Completion of Camelback Farms”
Paul moved, 2nd by Mike to approve Resolution #7-2004 contingent that paragraph 3, section 1 be amended to read: The Developer shall post a five percent (5%) maintenance bond to be retained through September of 2005. Motion carried.
Budget Resolution #3-2004 “to adjust 2004 budget categories to reflect increased costs of N. Honey Lake Road reconstruction; and refinance two outstanding loans”
Jackie Busch, resident, questioned whether the Board had signed off on the N. Honey Lake Road project as there have been three accidents since the road was finished. Consensus of the Board was they feel the road is safer than it was. Mike moved, 2nd by Paul to adopt Resolution #3-2004. Motion carried.
Budget Resolution #4-2004 “to adjust 2004 budget categories to reflect loan proceeds and costs associated with purchase of an ambulance for the Rochester Fire & Rescue Co”
Gary moved, 2nd by Mike to approve Resolution #4-2004. Motion carried.
Waterford/ Rochester Boundary Agreement
There was discussion on recent annexation of land to the Village of Waterford. It was thought that boundary agreements would be a helpful tool to prevent unplanned annexations in the future. There was discussion on losing properties due to the need for municipal water. Strategies to maintain properties in Rochester were stated as investigation of providing municipal water; incorporating via consolidation with the Village of Rochester; or an attempt as classification as an urban town. Betty questioned the Board’s previously stated intention of holding an advisory referendum on pursuit of boundary agreements before investing monies in the process. She will need to know at least a month in advance of any referendum in order to get the question on the ballot. Consensus of the Board was the need to gather and provide information on the topic would push the any advisory referendum to the April election ballot. More will be discussed after initial meetings with Burlington and Waterford.
Proposal for cutting of baseball fields and road
right of ways for 2005:
Gary moved, 2nd by Mike to approve Cutting Edge Lawn Care and Landscaping 2005 rates of $70 an hour for roadside mowing; and $40 an hour for weekly mowing and trimming of Case Eagle Park Baseball diamond areas. Motion carried.
Public Works Supervisor selection process
Consensus of the Board was to place this item on the agenda for the Special Board Meeting following the Budget Hearing on November 18th to allow more time to go over the applications.
Performance review and salary recommendation for Deputy Clerk position
The Clerk reported results to the Board of a 90-day performance review for Sandra Swan, Deputy Clerk. She recommended a salary increase to $11.25 an hour through year-end and a secondary increase to $12.00 an hour starting in January of 2005. Mike moved, 2nd by Paul to approve the increases. Motion carried.
Estimate to replace ceiling tiles in meeting room and municipal hall
This item was tabled as the estimate was not received in time for the meeting.
Racine County Sign Ordinance Amendments
Board members reported on review of the ordinance. They found no concerns and did not feel it was necessary to address any issues with the County.
Appointment to Land Use Plan Committee:
This item was tabled until such time as Gary Beck received confirmation that the person he is considering for the position is willing to serve.
Appointment to Plan Commission: Paul Beere
Bob Willard questioned why Paul Beere was being appointed to fill the term of Ken Dahlstrom and expressed disappointment in Ken’s dismissal from the Commission. He felt Ken was a capable member of the Commission and that he had given a tremendous amount of time to the Town through his service. He reported obtaining a copy of Ken’s dismissal letter and was disappointed that no reason was given for dismissal other than a statement of the Chairman’s prerogative to do so. Bob indicated this has not been done before and he feels it sets a bad precedent. Paul Beere disagreed in that he was removed from the Plan Commission without notice when Wayne Raisleger was elected Town Chairman. Jane Babik stated her opinion that Ken should have been extended the courtesy to understand why he was being dismissed. Gary replied he has reasons he did not feel the need to speak of. Gary spoke with other committee members and people who attended meetings before making the decision. Rhoda Runzheimer questioned whether any attention was given to positive impressions people may have had of Ken (as a Plan Commissioner). She stated an opinion that Ken was dismissed because of things he had said while acting as a citizen during a public comment period of a meeting. Jane stated individuals who serve on committees need to have broad shoulders. She feels this dismissal sets a precedent of squashing what people want to say. She continued that residents should be encouraged to speak in public forums. Bob stated his experience as first Chairman of the Plan Committee; he had been called many names. Bob requested Gary reconsider his decision. Gary stated what has been done is done and his decision is final. Gary moved, 2nd by Mike to appoint Paul Beere as Chairman of the Plan Commission to fill out the term of Ken Dahlstrom. Motion carried.
Appointment to Western Racine County Health Board
Mike moved, 2nd by Paul to appoint Sandra Swan as the town representative to the Western Racine County Health Board. Motion carried.
Period for Public Comment:
Wayne Schrader commented he could not hear well in the new meeting room set up. The Clerk is to check into costs of a microphone system.
Mike moved, 2nd by Paul to adjourn at 10:05 p.m.. Motion carried.
NOVEMBER 18, 2004 SPECIAL TOWN BOARD MEETING 9:05 P.M.
<For Budget Hearing minutes, click here>
The meeting was called to order at 9:05 p.m. with Gary Beck, Paul Beere and Mike Weinkauf present.
Betty Novy, Clerk, and Sandra Swan, Deputy Clerk, were also present.
Adoption of Year 2005 Budget for the Town of Rochester
Mike moved, 2nd by Paul to adopt the 2005 budget as presented in Option B with a total tax levy of $486,776.21. Motion carried.
Appointment of Clerk-Treasurer and Deputy Clerk-Treasurer
Gary moved, 2nd by Paul to appoint Betty Novy, Clerk-Treasurer and Sandra Swan, Deputy Clerk-Treasurer. Motion carried.
Resolution #8-2004 “Designating Public Depository
and Authorizing Withdrawal of Town Monies”
Gary moved, 2nd by Mike to approve Resolution #8-2004 requiring two signatures, with Gary Beck and Betty Novy primary and Sandra Swan as an alternate signer. Motion carried.
Appointment of Land Use Plan Committee Chairperson: Brian Wanasek
Gary Beck appointed Brian to the position.
Public Works Supervisor selection process
Consensus of the Board was to invite Chris Birkett, Jeremy Arnouts, Richard Santo and Rancy Baumgart in for interviews spaced ½ hour apart starting at 4:00 p.m. on December 9th or 10th.
Estimate to replace ceiling tiles in meeting room and municipal hall
Betty reported the estimate had been received but the Village Board rejected it because they thought costs were too high. Maintenance personnel will be questioned on whether they are able to perform the work.
Gary moved, 2nd by Mike to adjourn at 9:22 p.m. Motion carried.
Respectfully submitted:
Betty J. Novy Clerk-Treasurer |