Village of Rochester Reflections of 300 W

Village of Rochester Reflections of 300 W. Spring Street (262) 534-2431 Phone the Past... P.O. Box 65 (262) 534-4084 Fax Rochester, WI 53167 email: [email protected] website: http://rochesterwi.us

Visions of the Future AGENDA

VILLAGE OF ROCHESTER VILLAGE BOARD MEETING MONDAY, JUNE 11, 2018 7:00 P.M. ROCHESTER VILLAGE HALL, 300 W. SPRING ST., ROCHESTER, WI

1. Roll Call by Village President: Ed Chart Village Trustees: Nick Ahlers, Gary Beck, Chris Bennett, Russ Kumbier, Chris Johnson, Doug Webb 2. Pledge of Allegiance 3. Submitted for Review and Approval: May 14 & 30, 2018 Minutes 4. Period of Public Comment for Pre-Registered Citizens. Please be advised per State Statute Section 19.84(2), information will be received from the public. It is the policy of this municipality that citizens be pre-registered to present comments or suggestions to the Village Board. Registration forms will be available at the meeting and must be turned in to the Village Clerk prior to the start of the meeting. Pre- registered Citizens will be called by name by the Village President and are subject to a three minute time period, per person, with time extensions granted at the Village Board’s discretion. Be further advised that there may be limited discussion on the information received; however, no action will be taken under public comments.

5. Department Reports A. Rochester Fire and Rescue 1. Activity Report 2. Communication or directives for upcoming quarter B. Sheriff’s Department 1. Activity Report 2. Communication or directives for upcoming month C. Zoning Administrator 1. Activity Report 2. Communication or directives for upcoming month D. Building Inspection 1. Activity Report 2. Communication or directives for upcoming month 6. Plan Commission Recommendation: Application for a conditional use permit to conduct a U-Haul Truck & Trailer Rental Business (eight (8) trucks & & two (2) utility trailers) at the Rochester Food & Liquor Store, located at 2819 Beck Drive, Rochester, Wisconsin. Owner Jagdish Patel

7. Plan Commission Recommendation: Process for review and updating Village land use classifications and text included in “A Multi-jurisdictional Comprehensive plan for Racine County – 2035.”

8. Finance Committee Recommendation: Purchase of Replacement Tires for Grass Rig and Trailer

VILLAGE OF ROCHESTER VILLAGE BOARD AGENDA JUNE 11, 2018; 7:00 P.M. ROCHESTER VILLAGE HALL PAGE 2

9. Applications for Liquor, Soda, Cigarette, and Dance Hall License Renewals: The DMZ Bunker, Java Jo’z, Honey Lake Inn, Chances, Hitch’n Post, D & T Venues, Wholesome Harvest Meals, Rochester Mini Mart, Rochester Food & Beverage, Fox N Fork, Millgate General Store, & Integrity Funeral Home 10. Application for Special Exemption Permit to allow outdoor music on August 11, 2018 from 7:00 p.m. to 1:00 a.m.

for a Special Olympics Fundraiser/ Poker Run: Hitch ‘n Post, 120 N Browns Lake Road 11. 2018 – 2019 Operator’s License Renewals 12. Review Responses to Village Attorney RFP and Determine Selection Process 13. First Reading: Ordinance #2018-5 “Amending the Municipal Code of the Village of Rochester to Incorporate Statutory Changes to the Building Code, Land Division, and Planning and Zoning Chapters, and to Update the Provisions for Temporary Use Permits” 14. Resolution #2018-4 “A Resolution to Adopt the Racine County Hazard Mitigation Plan Update 2017-2021” 15. Summer Newsletter Presented for Review and Approval 16. Request to reschedule August 13 Board Meeting Due to August 14th Primary Election 17. Correspondence/ Informational Items:

A. Racine County: Violation Letter regarding reclamation of Krueger non-metallic mining site 18. Committee/ Representative Reports: A. Ordinance Committee Report on discussion and action taken at previous meetings and future agenda items. 1. Next meeting: TBD B. Rochester Fire and Rescue Company Executive Board Report on discussion and action taken at previous meetings and future agenda items. 1. Next meeting: July 3, 2018 C. Central Racine County Health Department Report on discussion and action taken at previous meetings and future agenda items. 1. Next meeting: July 19, 2018 D. Honey Lake Protection and Rehabilitation District Board Report on discussion and action taken at previous meetings and future agenda items. 1. Next meeting: June 19, 2018 E. Southeast Wisconsin Fox River Commission Report on discussion and action taken at previous meetings and future agenda items. 1. Next meeting: June 22, 2018 F. Finance Committee 1. Review of Monthly Disbursements and Cash Sheet 2. Board Action 19. Adjourn Betty Novy, Clerk/Treasurer Posted: June 8, 2018 -It is possible that members and possibly a quorum of members of other governmental bodies of the municipality may be in attendance at the above stated meeting to gather information; no action will be taken by any governmental body at the above stated meeting other than the governmental body specifically referred to above in this notice.

-Please note: Upon reasonable notice, efforts will be made to accommodate the needs of disabled individuals through appropriate aids and services. For additional information or to request this service, please contact the Village Hall at 262- 534-2431. Next Meeting: Monday, June 25, 2018 May 14, 2018 FINANCE COMMITTEE 6:30 p.m. Meeting was called to order at 6:30 p.m. with Gary Beck, Chris Bennett, Ed Chart and Chris Johnson present. Sandi Swan, Deputy Clerk Treasurer and Betty Novy, Clerk Treasurer were also present. Minutes. Bennett moved, 2nd by Johnson to approve the minutes from the April 9, 2018 meeting. Motion carried. May Disbursements. Bennett moved, 2nd by Johnson to approve the following check detail date April 10, 2018 to May 14, 2018. Motion carried.

Date CHECK# VENDOR AMOUNT General Funds Disbursement 04/12/18 16833 Waterford NHS 750.00 04/12/18 16834 WE Energies 1,797.94 04/17/18 16835 Central Racine County Health Department 13,325.50 04/17/18 16837 Time Warner Cable 233.93 04/20/18 EFT Payroll Run 107: 3/31/2018 - 4/13/2018 5,096.04 04/20/18 EFT Payroll Run 108: 3/7/2018 - 4/16/2018 2,911.41 04/20/18 EFT Electronic Federal Tax Payment System 2,256.66 04/20/18 EFT ETF- Insurance Payment 1,322.50 04/20/18 EFT Great America Financial Services 68.11 04/20/18 EFT North Shore Bank Deferred Compensation 55.00 04/20/18 EFT Wisconsin Deferred Compensation 50.00 05/04/18 EFT Payroll Run 109: 4/14/2018 - 4/27/2018 5,010.60 05/04/18 EFT Electronic Federal Tax Payment System 1,765.95 05/04/18 EFT ETF- Wisconsin Retirement Payments 1,554.02 05/04/18 EFT North Shore Bank Deferred Compensation 55.00 05/04/18 EFT Wisconsin Deferred Compensation 50.00 05/04/18 EFT Wisconsin DOR- Withholding Tax 551.49 05/18/18 EFT Payroll Run 110: 4/28/2018 - 5/11/2018 7,535.87 05/15/18 16838 AFLAC Woldwide Headquarters 84.12 05/15/18 16839 ASDA Enterprises, Inc. 20,220.35 05/15/18 16842 Baxter & Woodman 683.75 05/15/18 16843 Catherine Birkett 125.00 05/15/18 16844 Complete Office of Wisconsin 280.51 05/15/18 16846 FISH WINDOW CLEANING 50.00 05/15/18 16848 Guttormsen & Terry, LLC 405.00 05/15/18 16849 HRdirect 78.99 05/15/18 16850 ITU Absorb Tech, Inc. 40.16 05/15/18 16851 Jack Stafford 18.45 05/15/18 16852 James R. Frechette 2,044.00 05/15/18 16853 L&M Inspections Inc 3,670.98 05/15/18 16854 Landmark Services Cooperative 59.79 05/15/18 16855 Lange Enterprises, Inc. 220.64 05/15/18 16856 Marcia Hasenstab, Attorney at Law 289.80 05/15/18 16857 NASCO, Inc 62.45 05/15/18 16858 Office Copying Equipment Ltd. 93.76 05/15/18 16860 Racine County Public Works 1,399.30

May 14, 2018 FINANCE COMMITTEE 6:30 p.m.

05/15/18 16861 Racine County Sheriff's Office 9,133.71 05/15/18 16862 Racine County Treasurer 45.36 05/15/18 16863 Reinemans True Value 41.98 05/15/18 16864 Betty J. Novy - Petty Cash 6.62 05/15/18 16866 Securian Finacial Group, Inc. 45.11 05/15/18 16867 Serenity Homes Elite 500.00 05/15/18 16868 Southern Lakes Newspapers LLC 823.93 05/15/18 16871 Time Warner Cable 234.85 05/15/18 16872 Tractor Supply Credit Plan 52.97 05/15/18 16873 TSB Communications, LLC 37.50 05/15/18 16874 U.S. Cellular 31.25 05/15/18 16875 United Systems Technology Inc 270.00 05/15/18 16877 VISA 327.53 05/15/18 16878 Waterford Oil Co. 159.45 05/15/18 16879 WE Energies 1,764.43 05/15/18 16882 Witte Supply Company 76.25 05/18/18 EFT Electronic Federal Tax Payment System 2,146.78 05/18/18 EFT ETF- Insurance Payment 1,300.57 05/18/18 EFT North Shore Bank Deferred Compensation 55.00 05/18/18 EFT Wisconsin Deferred Compensation 50.00 05/15/18 EFT Great America Financial Services 68.11 05/15/18 16883 JPS Consulting Services, LLC 4,484.90

TOTAL 95,873.37

Stormwater Utility Fund 05/15/18 16842 Baxter & Woodman 150.00 05/15/18 16852 James R. Frechette 1,868.80 TOTAL 2,018.80

Library Fund 04/12/18 16834 WE Energies 485.00 04/17/18 16837 Time Warner Cable 127.63 04/20/18 EFT Payroll Run 107: 3/31/2018 - 4/13/2018 2,924.09 04/20/18 EFT Electronic Federal Tax Payment System 775.26 04/20/18 EFT Wisc Department of Revenue- Wage Garnishments 200.24 05/04/18 EFT Payroll Run 109: 4/14/2018 - 4/27/2018 2,928.94 05/04/18 EFT Electronic Federal Tax Payment System 765.25 05/04/18 EFT ETF- Wisconsin Retirement Payments 870.58 05/04/18 EFT Wisconsin DOR- Withholding Tax 150.55 05/18/18 EFT Payroll Run 110: 4/28/2018 - 5/11/2018 2,906.75 05/15/18 16840 Baker & Taylor 25.18 05/15/18 16841 Baker & Taylor 913.76 05/15/18 16845 DEMCO 231.70 05/15/18 16846 FISH WINDOW CLEANING 150.00 05/15/18 16847 Great America Financial Services 79.61 05/15/18 16858 Office Copying Equipment Ltd. 41.56 05/15/18 16865 Rochester Library - Petty Cash 34.04 05/15/18 16866 Securian Finacial Group, Inc. 37.56 05/15/18 16871 Time Warner Cable 128.58

May 14, 2018 FINANCE COMMITTEE 6:30 p.m.

05/15/18 16876 VISA 1,131.02 05/15/18 16879 WE Energies 485.00 05/15/18 16880 Wehr Nature Center Outreach 120.00 05/18/18 EFT Electronic Federal Tax Payment System 750.72 05/18/18 EFT Wisc Department of Revenue- Wage Garnishments 179.21

TOTAL 16,442.23

Honey Lake Fund 05/15/18 16879 WE Energies 659.60 TOTAL 659.60

Capital Projects Fund 05/15/18 16842 Baxter & Woodman 2,415.25 TOTAL 2,415.25

Sewer Utility Fund 04/17/18 16837 Time Warner Cable 76.56 04/20/18 EFT Payroll Run 107: 3/31/2018 - 4/13/2018 440.04 04/20/18 EFT Electronic Federal Tax Payment System 122.67 04/20/18 EFT ETF- Insurance Payment 164.98 04/20/18 EFT Great America Financial Services 68.11 05/04/18 EFT Payroll Run 109: 4/14/2018 - 4/27/2018 389.08 05/04/18 EFT Electronic Federal Tax Payment System 124.31 05/04/18 EFT ETF- Wisconsin Retirement Payments 130.48 05/04/18 EFT Wisconsin DOR- Withholding Tax 38.33 05/18/18 EFT Payroll Run 110: 4/28/2018 - 5/11/2018 375.15 05/15/18 16838 AFLAC Woldwide Headquarters 11.28 05/15/18 16842 Baxter & Woodman 21.25 05/15/18 16844 Complete Office of Wisconsin 13.65 05/15/18 16846 FISH WINDOW CLEANING 50.00 05/15/18 16850 ITU Absorb Tech, Inc. 40.16 05/15/18 16851 Jack Stafford 18.45 05/15/18 16852 James R. Frechette 1,927.20 05/15/18 16858 Office Copying Equipment Ltd. 93.76 05/15/18 16859 Pats Services, Inc. 1,640.00 05/15/18 16863 Reinemans True Value 21.86 05/15/18 16869 TDS 78.89 05/15/18 16870 The Artful Shingler 100.00 05/15/18 16871 Time Warner Cable 77.48 05/15/18 16873 TSB Communications, LLC 37.50 05/15/18 16874 U.S. Cellular 31.24 05/15/18 16877 VISA 23.12 05/15/18 16878 Waterford Oil Co. 28.13 05/15/18 16879 WE Energies 552.88 05/15/18 16881 Western Racine County Sewer District 51,397.50 05/18/18 EFT Electronic Federal Tax Payment System 119.30 05/18/18 EFT ETF- Insurance Payment 186.91 05/15/18 EFT Great America Financial Services 68.11 TOTAL 58,468.38

May 14, 2018 FINANCE COMMITTEE 6:30 p.m. Review Balance Sheet and Investments Balance sheet was read by Novy and reviewed by committee. Property Damage Release Form – West Bend Insurance Novy reported that this is a settlement release for the damage that was caused to the roads in the Weber Estates Subdivision last year when one of ASDA’s garbage trucks leaked hydraulic fluid on the roads. The property damage release form for $13,709.54 was provided for review. Chris Birkett provided a breakdown of repair costs and payment arrangements for chip sealing the roads. They are as follows: Cost for chip sealing Paul St., Renee St., and Stephanie St. is $16,343.00. The insurance settlement is $13,709.54. The remainder balance is to be paid by ASDA in the amount of $2,633.46. The Village has received $2000.00 from ASDA so far, balance due is $633.46. Ahlers moved, 2nd by Webb to recommend approval of the West Bend Insurance settlement and release form. Motion carried. Resolution #2018-4 “A Resolution by the Village of Rochester Board to Amend the 2018 Budget” Novy presented the changes to the Committee as follows:

Original Revised Action Account Number Account Name Budget Budget Difference General Fund Revenues: Add 100-00-000-41900 Ag Use Penalties 0.00 1,577.0 1,577.00 Add 100-00-000-49100 Proceeds from Long Term Debt 0.00 62,037.00 62,037.00 Total Revenues: 0.00 63,614.00 63,614.00 General Fund Expenditures: Increase 100-50-301-53310 Street Expense- General 5,000.00 5,827.00 827.00 Add 100-41-801-57230 Ambulance/ EMS Outlay 0.00 62,037.00 62,037.00 Add 100-85-804-57620 Park Outlay 0.00 750.00 750.00 Total Expenditures: 5,000.00 68,614.00 63,614.00

Bennet moved, 2nd by Johnson to recommend approval of Resolution #2018-4. Motion carried. Johnson moved, 2nd by Chart to adjourn at 6:43 p.m. Motion carried. Respectfully submitted by,

Sandi Swan, Deputy Clerk-Treasurer

May 14, 2018 VILLAGE BOARD MEETING 7:00 p.m. Meeting was called to order with Ed Chart, Chris Bennett, Chris Johnson, Doug Webb, Gary Beck, Nick Ahlers and Russ Kumbier present. Betty Novy, Clerk-Treasurer and Sandi Swan, Deputy Clerk-Treasurer were also present. Pledge of Allegiance. Approval of April 9, April 23 and April 24th minutes. Ahlers moved, 2nd by Kumbier to approve the April 9, April 23 and April 24th minutes. Motion carried. Public Appearances None. Department Reports Sheriff’s Department: Sgt. Scott Litwin presented a written report showing the following statistics for April: three accidents; nine speeding citations; eight traffic citation; three parking citations; and fourteen warnings were issued. There were zero ordinance arrests; zero felony arrests; zero misdemeanor arrests, two ordinance arrest and zero OWI’s. Complaint statistics were as follows: Twenty complaints originated through calls directly to the Sheriff’s Department; twenty-two deputy initiated, performed follow up on forty-five, and assisted with one. There was one warrant served. There were twenty – two working days reported, 177 hours and 968 miles driven under the contract. Thirty-six foot patrols were also conducted. A call detail report was also reviewed. Litwin added there were no burglaries reported. There was one gas drive off, no charges filed. Extraterritorial Plat Review – Final Plat for Dover Ridge Subdivision; Proposed land division to create sixteen (16) lot residential development on the south side of Washington Avenue, approximately 1320 feet west of Sharp Road, in Section 7, Township 3 North, Range 20 East, Town of Dover, Wisconsin Owner: Dover Farm, LLC, Applicant: Sharon Smolensky A copy of the plat and supporting approvals and reviews were provided. This was reviewed at the May 7, 2018 Plan Commission meeting. There were some concerns expressed about the Village engineers review of the stormwater plan, specifically that the post development volume of water coming into Rochester will be greater than what currently comes off the land. They also questioned if this would have an adverse effect on existing drain tiles. Although the Plan Commission did recommend approval they ask that the Village Engineer address their concerns. John Tierney addressed the concerns via an email which Novy read: “The last sentence in the fourth paragraph of my April 17 memo states “Downstream properties will be protected from high peak discharges, but may experience slightly longer “wet” periods as the detention basins drain out over time.” Mr. Beere and Mr. Weinkauf are correct that more impervious surface will generate more overall runoff. However, without a detailed study of the overall watershed, I do not have the means of determining how the downstream channels, marshes and underground tile will be affected. A study of that type would be a very large undertaking. The detention ponds in the subject development will surface discharge to a wetland on the Dover Ridge property, and are not tied into a drain tile, though there are tiles nearby. Whether discharge from ponds will soak into the ground and into the tile or be carried by surface channels to the westerly neighbors ditches would depend on a number of factors, including whether nearby tiles are already full, the moisture content of the soils, etc.” – John Tierney, Baxter Woodman Bennett questioned what the next step is if the Board wants to know for sure what the impact will be on the surrounding areas and expressed concern about the costs associated with it and who will the cost fall on. Novy stated that Ms. May 14, 2018 VILLAGE BOARD MEETING 7:00 p.m. Smolensky has had five engineering reviews done. There is a requirement in the stormwater plan that the post development discharge can’t be greater than the predevelopment discharge. Discussion was held about the drainage. Beck stated at some point you have to put some trust and faith in the professionals that the Village hires. Chart stated that Smolensky has done everything that’s been asked of her. Beck moved, 2nd by Ahlers to approve the Extraterritorial Final Plat review for Dover Ridge Subdivision. Motion carried. Finance Committee Recommendation: Property Damage Release- West Bend Insurance Novy reported on the recommendation from the Finance Committee, the recommendation was to approve a Property Damage settlement from West Bend Insurance in the amount of $13,709.54. Ahlers moved, 2nd by Webb to approve the settlement offered from West Bend Insurance for $13,709.54 for damaged caused to roads in 2017 by an ASDA truck. Motion carried. Finance Committee Recommendation: Resolution #2018 – 4 “A Resolution by the Village of Rochester Board to Amend the 2018 Budget” Novy reported on the recommendation of the Finance Committee, the recommendation was to approve Resolution #2018-4 “A Resolution by the Village of Rochester Board to amend the 2018 Budget”. The changes to the Budget are as follows:

May 14, 2018 VILLAGE BOARD MEETING 7:00 p.m.

Add 100-41-801-57230 Ambulance/ EMS Outlay 0.00 62,037.00 62,037.00 Add 100-85-804-57620 Park Outlay 0.00 750.00 750.00 Total Expenditures: 5,000.00 68,614.00 63,614.00

Kumbier moved, 2nd by Bennett to approve Resolution #2018-4. Motion carried. Discuss Reservation Request for Pioneer Park Gazebo Novy reported that she received an inquiry from someone wanting to reserve the gazebo in the park. She told the resident that the Village does not have a reservation policy for the gazebo at this time so it would be on a “first come first serve” basis. Novy asked the Board if they want to consider a rental or reservation policy for the structure at this time. After discussion, consensus of the Board was to stick with a “first come first serve” policy for the gazebo.

May 14, 2018 VILLAGE BOARD MEETING 7:00 p.m. Request to lift No Parking restriction on Evergreen Drive on Memorial Day: The Bunker A request was provided for consideration from the Bunker located at 29224 Evergreen Dr. The request was to have the no parking signs hooded on both sides of Evergreen for Memorial Day and Fourth of July. Consensus of the Board was to hood signs on one side of Evergreen as it has been done in the past. 2018-2019 Committee Appointments Chart said he will be making committee appointments in the coming weeks and if anyone has any suggestions to let him know. Follow up Discussion: Rochester Land Use Plan and Potential Development Areas Board members discussed the Urban Reserve District. Consensus was that the Village did not want to invest in a municipal water system and that the Sanitary Sewer Service Area Study should be updated so that they can make a plan for future development. They expressed the desire to have this put on the Public Works Agenda where Gary Vogel will be in attendance. Correspondence – 1) 2017 Central Racine County Health Department Annual Report- Novy said Margaret was unable to come to this meeting but if the Board would like she can come to a future meeting to go over the report if they so wish. 2) Notification of WE Energies Proposed Laterals 3) Notice of Hearing on Land Use Amendment: Racine County Development Services Committee Reports: Ordinance Committee – None. Rochester Fire Company Executive Board – Kumbier reported that the Department was ready to implement ACT 97, but the state said “no”, however the state has now asked the Department to be part of a pilot program for ACT 97. EMT’s have to renew licenses by June. June 2 & 3 NIMS 300 training. September 8 & 9 NIMS 400 training. The Department will do a “Fill the Boot” fundraiser on Labor Day from 8a-4p for Muscular Dystrophy; last year they raised $4,800. Drone fundraiser brought in $400. Raffle fundraiser brought in $1,000. There will be a “casino” night fundraiser for the training center. Renewing firehouse software at a cost of $2,850. Central Racine County Health Department – A written report was submitted by John Monsen as follows: 1) Fiscal Agent discussion , Tom Christenson from Caledonia presented a formal resolution passed by the Caledonia Board requesting that they no longer wish to serve as the fiscal agent for the Health Department. Their goal is to no longer serve as the agent by January 1, 2019. By state statue, the health department must have a fiscal agent relationship with either a government body or a hospital. Any of the member villages/towns could serve as the agent for the thirty-one employees of the CRCHD. Additionally, Racine County could also serve in this capacity. It was the consensus of the Board was that the CRCHD does an excellent job and the director should seek an arrangement that will allow the department to continue to provide the same level of excellence. 2) The Overdose Fatality Review grant was reviewed and approved. 3) CRCHD 2017 Annual Report was reviewed and approved. 4) Q1 Fiscal Report 2018: right on target 5) Q1 Communicable Disease Report: major increase influenza over last year. 6) Q3 Health Inspection Report 2017-2018: there have been fewer re-inspections this fiscal year, because fewer initial inspections identified problems that required follow up. 7) 2011-2016 Racine County Fetal, Infant & Child Death Review. This report (43 pages) is available on the health department website. 8) Working with Caledonia to stay ahead of mobile food vendors (food trucks) associated with the FoxConn project.

May 14, 2018 VILLAGE BOARD MEETING 7:00 p.m. Honey Lake Protection and Rehabilitation Board – Webb reported that plans have been drawn up and they are getting ready to release the bid for the dam. They are trying to get the engineers together for one more meeting to answer any questions first. That meeting to be held this week. Southeast Wisconsin Fox River Commission – Meets on May 18th. Finance Committee- Beck reported on the recommendations of the committee including approval of all disbursements listed on the check detail dated April 9th to May 14, 2018. Kumbier moved, 2nd by Bennett to accept the Finance Committee’s recommendations and approve the May 14, 2018 check detail. Motion carried. Kumbier moved, 2nd by Bennett to adjourn at 8:13 p.m. Motion carried. Respectfully submitted,

Sandi Swan, Deputy Clerk-Treasurer VILLAGE OF ROCHESTER 2018-81 May 30, 2018 VILLAGE BOARD MEETING 8:15 p.m.

Ed Chart called the meeting to order at 8:15 p.m. with Gary Beck, Chris Bennett, Chris Johnson, Russ Kumbier, and Doug Webb present. Nick Ahlers was absent.

Also present: Betty Novy, Clerk-Treasurer, Chris Birkett, Public Works Manager, and Gary Vogel, Village Engineer.

Minutes. None. Period for Public Comment for Pre-Registered Citizens. No residents appeared for public comment.

Department Reports: Public Works: Birkett read his written report as follows: Lift Stations / Sewer: Testing generators and maintenance of lift stations is ongoing. The wet wells in both lift stations have been cleaned. I have met with John Tierney about updates to the 2011 sewer map to include new sewer mains, sewer mains and manholes that we were not aware of, and some details that were missed in the original map. I have reviewed the Casey’s sewer fee hookup and sent them the preliminary information that was requested.

Roads: I have been doing weekly road checks. I have been working on shoulders, installing delineators to prevent shoulder damage. I have also filled potholes on Oak knoll. I have been checking roads with a lot of trees after strong storms and monitoring flooding issues also. I have also removed some small dead trees that were becoming a hazard.

Parks: The parks are in pretty good shape, Flower beds in Pioneer Park are in good shape. All the parks have been fertilized. Case Eagle has the tree ring mulch down for spring and the ball diamonds have been worked up and leveled. The commons is also basically done. I have been doing monthly inspections of the playground equipment also. Replaced flags in the parks and flew the POW MIA flag. I put together the bid package for the park shelter and requested proposals.

Animal Control: The village has had one cat and two dog calls- all were resolved to my knowledge.

Misc: Working on driveway permits. I am also reviewing new right of way permits. I have installed some new house number signs. I attended a planning meeting for Mutual Aid for public works agencies in western Racine County, an organization that I am the secretary for. Assisted with a drainage/flood issue in Rookery Landing. I have also sent out letters to unmowed properties. I also helped with Memorial Day setup and clean up.

Board members noted cracking in the village hall parking lot and directed Birkett to check into seal coating the lot and re-striping the parking stalls. The paving of the fire lane in Pioneer Park was also brought up. Birkett noted some complications came about when discussing the project with the fire chief. The fire company wants concrete installed in the area of the dry hydrants. He will try to get options together for the June meeting.

Engineer. Vogel read his report as follows: 2018 Road Rehabilitation: Tasks completed: Contracts are completed and preconstruction conference has been held. Tasks Pending: Awaiting finalizing of contractor’s schedule. Village approval of Change Order # 1.

Caseys General Store Plan Review: Tasks completed: Review of preliminary wetland report and coordination with staff. Tasks Pending: Evaluate final wetland report and plan approval contingent upon DNR approval.

Additionally, Vogel noted the final approval for Casey’s is forthcoming.

VILLAGE OF ROCHESTER 2018-82 May 30, 2018 VILLAGE BOARD MEETING 8:15 p.m.

Public Works Committee Report: Novy reported on the following actions submitted by the Public Works Committee to the Village Board:

Ditch Complaints from the 2016 Road Project. The committee recommended sending representatives Chris Johnson, Ed Chart, Chris Bennett, Chris Birkett, and Gary Vogel to view the subject properties the following Tuesday afternoon, starting at the Weber property and moving north from there, with their recommendations to be reported at the next committee meeting.

Park Shelter Bids. The committee recommended awarding the work to Vessel Contractors to construct a Park Shelter at Rochester Commons Park for the amount of $39,225.

Sanitary Sewer Service Expansion Study. The committee recommended approving an engineering work order with Baxter-Woodman Consulting Engineers to update the Sanitary Sewer Service Area Report for the area north and south of the Wind Lake Drainage Channel and east and west of STH 20 for the amount of $7,700.

Landscaping for the Village Hall. The committee recommended authorizing costs of up to $500 for development of a landscaping plan for the Village Hall to be presented for consideration at a future meeting.

Library Parking Lot. The committee recommended that Birkett get pricing on installing removable speed bumps and on installing a gate for further consideration at the June meeting.

Consent Agenda: Chart asked if any Board members wished to remove any items from the consent agenda to discuss further. None wished to do so. Johnson moved, 2nd by Kumbier to approve the Public Works Committee recommendations regarding the following items listed on the Consent Agenda:

A. Adopt Public Works Committee recommendation regarding ditch restoration complaints on N. River Road/ Rochester Street

B. Adopt Public Works Committee recommendation regarding award of park shelter construction contract

C. Adopt Public Works Committee recommendation regarding award of engineering work to update Sanitary Sewer Service expansion plan

D. Adopt Public Works Committee recommendation regarding obtaining proposals for landscaping around the Village Hall

E. Adopt Public Works Committee recommendation to address library concerns regarding increasing traffic through the parking lot.

Motion carried. (Note: Individual recommendations are detailed above under the Public Works Committee Report).

2018-2019 Committee Appointments. Chart reported the following appointments: Gary Beck is appointed to replace Mike Weinkauf on the Plan Commission; Nick Ahlers is appointed to replace Gary Beck on the Finance Committee; and Dodie Hegemann is appointed to replace Geri Schwabe on the Historic Preservation Committee. Consensus of the Board was to approve the appointments.

Kumbier moved, 2nd by Gary Beck to adjourn at 8:32 p.m. Motion carried.

Respectfully submitted: Betty J. Novy, MMC CMTW WCPC/ Clerk-Treasurer VILLAGE OF ROCHESTER 2018-79 May 30, 2018 PUBLIC WORKS COMMITTEE 7:00 p.m.

Chris Johnson called the meeting to order at 7:00 p.m. with Gary Beck Jr., Chris Bennett, Ed Chart, and Doug Webb present. Nick Ahlers and Vince Klemko were absent.

Also present: Village Trustees Gary Beck and Russ Kumbier; Christopher Birkett, Public Works Manager; Betty Novy, Clerk-Treasurer; and Gary Vogel, Village Engineer.

Minutes. Beck Jr. moved, 2nd by Bennett to approve the minutes from the April 23, 2018 meeting. Motion carried.

Period for Public Comment: None.

Information Items: Vogel reported that the change order to include the resurfacing of S. Water, Ela, and E. Fox streets in the 2018 Street Improvement Project has been executed. The contractor indicated the project is scheduled for early July, however this is dependent on weather. In response to several concerns posed by Chart, Vogel clarified some of the costs contractors embed in the bid item titled “mobilization charges”.

Action Items: Ditch Complaints from the 2016 Road Project. Outstanding complaints on ditch grading from the 2016 project were discussed for the Sampon, Johnson, and Weber properties (2519 & 2445 N. River Road; & 106 N Rochester St, respectively). Jason Sampon’s complaint was submitted via email. Bill Weber and Idabelle Johnson presented their complaints in person by addressing the committee at the meeting. Weber and Johnson presented their concerns regarding the steepness of their ditches and their inability to maintain them. Board members noted the depth of the ditches was necessary in order to achiever proper drainage for the road.

Birkett noted there is a type of grass that only grows to a height of 6”. He suggested the Village investigate this as a planting option for the ditches that are the subject of the complaints. This would ease some of the maintenance concerns. The committee discussed this possibility but ultimately decided they could not really respond to the complaints without seeing what the existing conditions look like.

Consensus of the committee was to recommend sending representatives Chris Johnson, Ed Chart, Chris Bennett, Chris Birkett, and Gary Vogel to view the subject properties the following Tuesday afternoon, starting at the Weber property and moving north from there, with their recommendations to be reported at the next committee meeting.

Park Shelter Bids. Birkett reported on two bids received as follows: Vessel Contractors: $39,225; and James Construction; $40,600. A breakdown of the three bid sections was reviewed (excavation, concrete and construction) followed by discussion on whether the quantity of gravel specified in Vessel’s proposal would be sufficient for the project. Ultimately, it was decided that any additional costs incurred to make up for shortcomings in gravel quantities would likely not exceed the total cost savings between the two bids. Bennett moved, 2nd by Beck Jr. to recommend awarding the work to Vessel Contractors to construct a Park Shelter at Rochester Commons Park for the amount of $39,225. Motion carried.

Sanitary Sewer Service Expansion Study. Birkett recommended that Baxter & Woodman be awarded the work to update the Sanitary Sewer Service Area Report for the area north and south of the Wind Lake Drainage Channel and east and west of STH 20 so that the village will be able to provide direction for future development that will allow the sewer system to be built in the most efficient way possible. Chart moved, 2nd by Bennett to recommend approving an engineering work order with Baxter-Woodman Consulting Engineers to update the Sanitary Sewer Service Area Report for the area north and south of the Wind Lake Drainage Channel and east and west of STH 20 for the amount of $7,700. Motion carried.

VILLAGE OF ROCHESTER 2018-80 May 30, 2018 PUBLIC WORKS COMMITTEE 7:00 p.m.

Landscaping for the Village Hall. Birkett reported that this year’s budget provides up to $6,000 for new landscaping around the village hall. He contacted a landscape architect to get an idea of what it would cost to have a plan drawn up and was told approximately $500. He recommended having a plan drawn up specifying low maintenance plantings that can be mulched in the spring and weeded once in the summer, with little or no pruning, that the plan be used as a basis to request bids from multiple landscape services, and that additional an additional requirement be added specifying that the work be completed this Fall. Trustee Beck suggested that bids also be solicited for an annual service to clean up the beds once in Spring; and to cut plantings back in Fall. Beck Jr. moved, 2nd by Webb to recommend authorizing costs of up to $500 for development of a landscaping plan for the Village Hall to be presented for consideration at a future meeting. Motion carried.

Library Parking Lot. Birkett reported there has been an increase in traffic using the village hall/ library parking lot as a short cut, with drivers using Wade Street, then driving through the parking lot to State Street to cut through to County Highway D. With the Hwy 20/83 road project going on for two, possibly three years, he suggested the Village address this with some form of a gate or parking lot speed bump. The safety of children attending library programs was cited as the primary concern. Consensus of the committee was to recommend that Birkett get pricing on installing removable speed bumps and on installing a gate for further consideration at the June meeting.

Weber moved, 2nd by Bennett to adjourn at 8:13 p.m. Motion carried.

Respectfully submitted:

Betty J. Novy, MMC CMTW WCPC Clerk-Treasurer ROCHESTER VOLUNTEER FIRE COMPANY

QUARTERLY REPORT

2018

114 Calls as of 6/5/18

New Defibs have arrived and are in service

Training center loan has been finalized and building is on order. Scherrer will hopefully start dirt work soon. Ground breaking ceremony scheduled for Saturday July 7th at 9:30am. More info will be available soon.

ACT 97 has been put on hold by the state. RVFC was asked to be part of the pilot program to hopefully start this summer

Progress is being made on grant writing for a new command/rapid attack vehicle. Letters asking for donations/grants have been submitted for over $50,000.00 to date.

SCBA Grant was submitted for a total of $739,000.00, our share of the match will be $17,681.82 and we are just waiting for approval/denial from FEMA.

We are working closer with City of Burlington Fire Dept. to pool part time employees to help fill gaps in coverage. Chief Babe has been awesome to work with and CBFD and RVFC are working closer together than ever before.

Membership has declined over the last few months. We lost a reliable person to a full time department, one person has taken a leave of absence for family reasons, and a few have been let go for not full filling attendance and training requirements. We currently have 5 EMT’s that are volunteers. We have gotten some help from others, but the burnout is starting to take its toll. We have and are continuing to try and recruit new members, but to no avail. We have gone to recruitment drives put on by the technical college and even started a mass push on social media. A lot of people just aren’t willing to put in the required time it takes to be a volunteer. Other options are also being explored at this time.

With the sale and closing of Rosenthal, the smoke house for Day in the Country will be located at the fire station this year.

The fire company has created a 501c(3) entity. The Rochester Volunteer Firefighters Association was created to help with fundraising efforts for the fire company. We will be moving our fundraiser accounts over to the new entity. Racine County Sheriffs Office (RASO) Thursday, June 7, 2018 717 Wisconsin Avenue | Racine, WI 53403 | Phone: (262) 636-3822 12:29:42 pm CAD Summary ** For official use only **

Racine County

05/18 Total

Accident - Hit & Run 1 1

Accident - Injury 1 1

Accident - Property Damag 5 5

Accident Unknown 1 1

Aid Motorist 17 17

Animal At Large 2 2

Animal Complaint 1 1

Animal Injured 1 1

Assistance Requested-Citize 2 2

Burglary 1 1

Burning Violation 1 1

CIB Hit 1 1

Civil Trouble 7 7

Crime Prevention 151 151

Damaged Traffic Light 1 1

Death Investigation 1 1

Debris In Roadway 3 3

Disorderly Conduct 2 2

Extra Attention 6 6

Phoenix RMS rev. 04/04/14 Page 1 of 3 Racine County Sheriffs Office (RASO) Thursday, June 7, 2018 717 Wisconsin Avenue | Racine, WI 53403 | Phone: (262) 636-3822 12:29:42 pm CAD Summary ** For official use only **

05/18 Total

Fire 1 1

Found Articles 1 1

Fraud Gasoline/Diesel (Driv 2 2

Information 1 1

Mental Subject 1 1

Operating Vehicle While Int 3 3

Ordinance Violation 5 5

Parades 1 1

Parking Violation 14 14

Reckless Driving 6 6

Rescue Run 9 9

Suspicious Circumstances 2 2

Suspicious Vehicle 13 13

Tavern Check 1 1

Theft in Progress 1 1

Traffic Enforcement 1 1

Traffic Hazard 1 1

Traffic Violation 75 75

Trespassing 2 2

Vacation Check 2 2

Phoenix RMS rev. 04/04/14 Page 2 of 3 Racine County Sheriffs Office (RASO) Thursday, June 7, 2018 717 Wisconsin Avenue | Racine, WI 53403 | Phone: (262) 636-3822 12:29:42 pm CAD Summary ** For official use only **

05/18 Total

Vandalism To Property 1 1

Wanted Person 1 1

Welfare Check 4 4

Total 353 353

Phoenix RMS rev. 04/04/14 Page 3 of 3

Village of Rochester Planning & Zoning Quarterly Report June 11, 2018

Temporary Use Permit, Building Site & Operational Plan, Amendment to the Drainage Plan for Rookery landing Estates (West Parcel), Exterritorial Plat Review, Conditional Uses, Violations, Rochester Code Amendments, Village of Rochester Land Use Plan and zoning/occupancy permits that have been reviewed by the Rochester Village Planning Commission and the Rochester Village Board from March 12, 2018 until June 11, 2018. They are as follows:

Temporary Use Permit

American Fireworks & Novelties LLC - Request for a Temporary Use Site Plan Approval to Sell 1,4G consumer grade fireworks from a 20’ x 60’ tent from June 11, 2018 until July 11, 2018 at 2723 Beck Drive. On March 5, 2018 the Village of Rochester Planning Commission granted approval of this request, subject to compliance the Zoning Administrator’s staff recommendations. The Village of Rochester received a copy of the Certificate of insurance from American Fireworks and Novelties, LLC and issued the zoning permit on June 6, 2018.

Feer Laroc LLC /Greg Meinerz – Requested temporary use approval to conduct an outdoor wedding on October 27, 2018, at 705 South Front Street, previously known at the Coral Reef Site. On May 7, 2018 the Village of Rochester Planning Commission approved this request subject to staff recommendations.

Building Site and Operational Plan

Casey’s General Store/Arc Design Resources – Request for building site and operational plan to construct a gas station and convenient food mart at 2728 Beck Drive. On March 5, 2018, the Village of Rochester Planning Commission granted final approval of this request, subject zoning and engineering staff recommendations, along with the recommendations of the Rochester Fire Chief, State of Wisconsin Department of Transportation, the State of Wisconsin Department of Natural Resources and the Western Racine County Sanitary District. Casey’s General Store is working with our Village Engineer to address the storm water drainage concerns addressed by the adjoining property owners.

Rookery Landing Estates (West Parcel)

James & Aubry Jacobs – Request approval to amend the storm water drainage easement that presently exists on a vacant lot at 1236 Rookery Glen and also known as Lot 2, Landing Estates (West Parcel). On March 5, 2018 the Village of Rochester Planning Commission recommended approval of this request, subject to the Village Engineer’s recommendations and on March 12, 2018, the Rochester Village Board granted final approval. Extraterritorial Plat Review

Final Plat Review for Dover Ridge Subdivision – Proposed land division to create a sixteen (16) lot residential development on the south side of Washington Avenue, approximately 1320 feet west of Sharp Road, in Section 7, Township 3 North, Range 20 East, Town of Dover, Racine County, Wisconsin. On May 7, 2018 the Village of Rochester Planning Commission approved the subject plat, based on the review of the storm water drainage plan that was completed by the Rochester Village Engineer and received final approval of the Rochester Village Board on May 14, 2018.

Conditional Use Requests

Jagdish Patel – Request conditional use approval to conduct a U-Haul Truck & Trailer Rental Business (eight trucks & 2 trailers) at the Rochester Food & Liquor Store located at 2819 Beck drive, Rochester Wisconsin. On June 4, 2018 the Village of Rochester Planning Commission denied this request and it is schedule to be presented to the Rochester Village Board on June 11, 2018 for their review and final decision.

Violations

John & Kathleen Seitz – Received a notice of violation on October 9, 2017 for a residential fence that was constructed over an existing 30’ drainage easement. On November 17, 2017 the Village of Rochester Zoning Administrator granted the Seitz’s an extension of time until December 15, 2017 to look at options for allowing the fence to remain over the existing 30’ drainage easement. On December 27, 2017, the Village of Rochester Zoning Administrator granted the Seitz’s a second extension until January 31, 2018 to obtain variance approval from the Village Of Rochester Public Works Committee to allow the residential fence to remain in the drainage easement, on Lot 13, Fox River Prairie Subdivision. On January 22, 2018, John & Kathleen Seitz appeared in front of the the Village of Rochester Public Works Committee was denied their variance request to allow the residential fence to remain within the storm water drainage easement on Lot 13, Fox River Prairie Subdivision and was granted a two month extension, until March 22, 2018, on the order to remove the fence, during which time Mr. Seitz is to develop and submit a plan and a time line for the removal of the fence. Received e-mail from John Seitz indicating that he as removed the fences from the storm water drainage easement at 29338 River View Parkway and received approval from the utility companies allowing him to encroach with their easements. I will be scheduling a visit to the property to ensure that that the fence was relocated outside of the storm water drainage easement.

Jagdish Patel – On March 12, 2018, the Village of Rochester Zoning Administrator issued a notice of violation to the owner of the Rochester Food and Liquor Mart for conducting a U-Haul truck rental business and utilizing a portion of the existing commercial building for residential sleeping quarters, at 2819 Beck Drive. On June 8, 2015, the Rochester Village Board granted Mr. Patel, a conditional use permit approval to operate a grocery/liquor store on this property. The U-Haul rental business was not included as a part of this conditional use approval. In addition, utilizing a portion of the first floor of a commercial building for residential quarters is prohibited under the Village of Rochester Zoning Ordinance. Mr. Patel corrected his violation by removing the U- Haul Rental trucks and trailers along with the signage from the subject property and also removed wall signs on the building that he did not receive village zoning permit approval. Village of Rochester Code Amendments

Ordinance 2018-5 – Amending the Municipal Code of the Village of Rochester to incorporate Statutory Changes to the Building Code, Land Division, & Planning & Zoning Chapters, and update the Provisions for Temporary use Permits. A preliminary draft of the Ordinance was given to the Planning Commission to review and bring their comments back to the next Planning Commission meeting on July 2, 2018. After completing their review of the draft Ordinance it will be forwarded to the Rochester Village Board to schedule a date to conduct a public hearing on this matter.

Village of Rochester Land Use Plan

Received a communication from Racine County Planning Services, indicating that Southeastern Wisconsin Regional Planning Commission (SEWRPC) is in the process of updating the Land Use Plans for all townships, cities and villages in Racine County. There projected timetable for completing and publishing the 2050 Multi-Jurisdictional comprehensive plan for Racine County will be in 2019. SEWRPC has reached out to the communities to take a look at the 2035 plan and see if there are any changes that have occurred since the adoption of the 2035 comprehensive plan and look at any future planned areas they would like to see included in the plan. A brief discussion took placed at the March 5, 2018 Planning Commission and I indicated that we be working with the Rochester Village Board and Village Planning in 2018, regarding our vision of how we would like to see development occur in the Village of Rochester. On April 24, 2018 the Village of Rochester Planning Commission and the Village Board conduct a round table discussion to discuss items as to how they wanted development in the area outlined on our current Zoning map identified as “Urban Reserve District”. Guest speaker were also invited into this meeting to give some guidance to the Planning Commission and Village Board with what type of uses we should consider within the area zoned Urban Reserve District.

On June 5, 2018 the Village of Rochester Planning Commission decided that they would review the Land Use Plan for Village of Rochester and forward their recommendations to the Rochester Village Board.

Zoning/Occupancy Permits

Two (2) Single-family residence with attached garage Two (2) Two-Family Residence with attached garages Five (5) In-ground Swimming Pool Nine (9) Residential Additions Eight (8) Accessory Structures One (1) Temporary Use (American Fireworks) One (1) Garage Addition One (1) Retaining Wall

A total of thirty (30) zoning permits have been issued in the Village of Rochester in the year of 2018. .

Jonathan P. Schattner Rochester Zoning Administrator Monthly Zoning Permit Report March 2018

DATE PARCEL ID PERMIT OWNERS PROJECT CONTRACTOR ESTIMATED PROJECT ZP LAND DIVISION VARIANCE/ SITE PLAN/ SHORELAND TOTAL NUMBER NAME ADDRESS COST FEE REVIEWS REZONING CUP FEE/ CONTRACT FEE FEE TEMP USES

3/7/2018 176031909029041 176-02-2018 Lucas & Amanda Strom 32769 Vista View Drive Owner $35,000.00 Garage Addition $135.00 to existing Residence

3/14/2018 176031912006109 176-03-2018 Paul G. Senft 1701 Rookery Glen Owner $300,000.00 Single Family Residence $345.00 $345.00 w/att Garage

3/14/2018 176031912006109 176-04-2018 Paul G. Senft 1701 Rookery Glen Owner $50,000.00 Accessory Structure $105.00 $105.00

3/14/2018 176031912006101 176-05-2018 Jeff & Andrea Kaye 1820 Rookery Glen Wolter Bros. $8,000.00 Addition to Residence $110.00 $110.00

3/14/2018 176031912006101 176-06-2018 Jeff & Andrea Kaye 1820 Rookery Glen Finishing Touches $50,000.00 Swimming Pool $70.00 $70.00

3/21/2018 176031902004000 176-07-2018 John Lipp & Brittany Posey 2839 N. River Road Sawfish General Const. $30,000.00 Addition to Residence $110.00 $11.00

3/21/2018 176031915007000 176-08-2018 Rayond & Becky Lois 512 N. Browns Lake Dr. Owner $52,000.00 Accessory Structure $225.00 $225.00

3/28/2018 176-09-2018 Harpe Development LLC 271 & 273 Oak Hill Cir. Owner $400,000.00 Two Family Residence $460.00 $460.00 w/att garages

Monthly Total $925,000.00 Monthly Total $1,326.00 Year to date $960,000.00 Year to date $1,396.00 Monthly Zoning Permit Report April 2018

4/4/2018 176032902023000 176-10-2018 David & Alexandra Crissey 29401 Walnut Drive Owner $10,000.00 Garage Addition $110.00 $110.00 to existing Residence

4/4/2018 176031912006102 176-11-2018 James & Aubrey Jacobs 1736 Rookery Glen Owner $400,000.00 Single Family Residence $345.00 $345.00 w/att Garage

4/11/2018 176031909001000 176-12-2018 Mike & Judith Weinkauf 1310 Heritage Road Owner $4,000.00 Accessory Structure $105.00 $105.00

4/11/2018 176031911370000 176-13-2018 Cody Bateman 401 Paul Street Owner $2,000.00 Wood Deck Addition $70.00 $70.00 to Residence

4/11/2018 176031914014020 176-14-2018 Steve Ball 617 N. River Road Owner $38,000.00 Garage Addition $70.00 $70.00

4/25/2018 176031911208000 176-15-2018 1st Congregational Church 107 S. State Street Owner $4,000.00 Accessory Structure $70.00 $11.00

Monthly Total $458,000.00 Monthly Total $711.00 Year to date $1,418,000.00 Year to date $2,107.00 Monthly Zoning Permit Report May 2018

5/2/2018 176031905014001 176-16-2018 Timothy & Erica Milosh 2110 Springwood Lane Owner $10,000.00 Swimming Pool $70.00 $70.00

5/2/2018 176031918066000 176-17-2018 Carol Neumann 420 Shervin Drive Chris Breuckman $8,000.00 Wood Deck Addition $105.00 $105.00

5/9/2018 176031915077000 176-18-2018 Mark Breidnbach 516 Abbey Lane Owner $10,000.00 Addition to an existing $70.00 Accessory structure

5/16/2018 176031914200240 176-19-2018 Michael Diggins 29407 RiverView Parkway Owner $4,000.00 Swimming Pool/Deck $70.00 $105.00

5/16/2018 176031911021000 176-20-2018 Kim Peuschold 1154 N English Settlement Owner $5,000.00 Accessory Structure $70.00 $70.00

5/16/2018 176031911021000 176-21-2018 Kim Peuschold 1154 N. English Settlement owner $10,000.00 Gazebo $70.00 $70.00

5/16/2018 1760319021000 176-22-2018 Kim Peuschold 1154 N. English Settlement Owner $145,000.00 Accessory Strucutre $105.00 $105.00

5/16/2018 176031914200480 176-23-2018 Adam Psicilulis 834 Prairie View Drive Thomas Mainus $5,900.00 Accessory Structure $70.00 $70.00

5/18/2018 176-24-2018 David Benkendorf 30701 Hunter Glen Owner $4,000.00 Swimming Pool $70.00 $70.00

5/21/2018 176031911336000 176-25-2018 Feer Larco, LLC 705 S Front Street Owner $60.00 $150.00 $210.00

5/25/2018 176031918192000 176-26-2018 Tim Wandel 35115 Lakewood Drive Owner $500.00 Retaining wall $250.00 $250.00

5/25/2018 176031911285003 176-27-2018 Andrew Davis 413 N. State Street Owner $1,000.00 Swimming Pool $70.00 $70.00

5/25/2018 176-28-2018 Harpe Development LLC 262 & 264 Oak Hill Circle Owner $400,000.00 Two Family Residence $460.00 $460.00 w/att Garages

Monthly Total $603,400.00 Monthly Total $1,725.00 Year to date $2,021,400.00 Year to date $3,832.00 Monthly Zoning Permit Report June 2018

6/6/2018 176-29-2018 David Benkendorf 30701 Hunter Glen Stateline Construction $37,000.00 Wood Deck Addition $105.00 $105.00 to existing residence

6/6/2018 American Fireworks 176-30-2018 Owner 2723 Beck drive Owner Fireworks Sales $60.00 $150.00 $210.00

Monthly Total $37,000.00 Monthly Total $315.00 Year to date $1,095,400.00 Year to date $4,147.00 Monthly Building Permit Report

VILLAGE OF ROCHESTER

Month: MARCH Year: 2018

Date Permit Res/Ag Project Contractor Estimated Project Total Permit Permit Owners Project State Seal Culvert Check Number ID Comm Last Name Address No. Street Name Cost Description Fee Permit Number e-9-18 res greil 33804 washington ave united elec misc elec $50.00 3/7/18 $500.00 b-7-18 res strom 32769 vista view self add $539.00 3/7/18 $35,000.00 e-10-18 misc elec $101.00

b-8-18 res kouba 2768 fox grove self alt $150.00 3/14/18 $3,000.00 e-11-18 misc elec $50.00

h-6-18 misc hvac $50.00

e-12-18 res meyer 105 n water st united misc elec $54.75 3/14/18 $500.00 b-9-18 res kaye 1820 rookery glen self add $202.00 3/14/18 $8,000.00 e-13-18 misc $50.00

b-10-18 res leon 29502 eagle ridge dr callen alt $415.00 3/14/18 $20,000.00 e-14-18 misc elec $95.00

p-4-18 misc plbg $95.00

h-7-18 misc hvac $95.00

b-11-18 res lipp 2839 n river rd sawfish addition $405.00 3/21/18 $30,000.00 e-15-18 misc elec $87.00

h-8-18 misc hvac $87.00

e-16-18 res nannemann 33712 ridge ln self misc elec $117.00 3/21/18 $2,000.00 p-5-16 misc plbg $117.00

h-9-18 misc hvac $116.00

b-12-18 res george 211 nevada everdry repair $158.75 3/21/18 $5,000.00 b-13-18 res senft 1701 rookery glen self nsfh and acc bldg 60.00 $2,720.00 3/21/18 $350,000.00 e-17-18 misc elec $567.00

p-6-18 misc plbg $567.00

h-10-18 misc hvac $567.00

b-14-18 res kempken 502 mink ranch rd self roof $50.00 3/28/18 $5,000.00 na res n/a 32202 academy rd james contr reinspect $50.00 3/28/18 n/a e-18-18 res corey 29543 riverview prkwy pieper misc elec $50.65 3/28/18 $300.00 b-15-18 res schaffer 31810 academy rd everdry repair found $345.00 3/28/18 $20,000.00 b-16-18 res udesky 200 water st homesealed alt $85.00 3/28/18 $1,844.00 b-17-18 res crissy 29401 walnut dr self add $294.00 3/31/18 $10,000.00 e-19-18 misc elec $66.00

e-20-18 res spellman 416 abbey ln breuer misc elec $50.00 3/31/18 $500.00 b-18-18 res harpe 271-273 oak hill cr harpe duplex 60.00 $2,989.00 3/31/18 $400,000.00 e-21-18 misc elec $413.00

p-7-18 misc plbg $413.00

h-11-18 misc hvac $413.00

b-19-18 comm sprint 28622 rowntree rd ntp tower upgrade $725.00 3/31/18 $20,000.00

TOTAL $911,644.00 TOTAL 0.00 $13,399.15 Year To Date $1,050,698.00 Year To Date 0.00 $17,158.90 Monthly Building Permit Report

VILLAGE OF ROCHESTER

Month: APRIL Year: 2018

Date Permit Res/Ag Project Contractor Estimated Project Total Permit Permit Owners Project State Seal Culvert General Number ID Comm Last Name Address No. Street Name Cost Description Fee Permit Fee e-22-18 res boulden 31508 academy rd adams elec misc elec $55.50 4/11/18 $3,000.00 e-23-18 res schaefer 31810 academy rd united elec misc elec $55.50 4/11/18 $500.00 p-8-18 res schaefer 31810 academy rd rasmussen plbg misc plbg $70.00 4/11/18 $500.00 b-20-18 res vanderwerf 718 n browns lake dr jpk alt $186.00 4/11/18 $3,000.00 e-24-18 misc elec

p-9-18 misc plbg $62.00

h-12-18 misc hvac $62.00

b-21-18 res ball 617 n river rd self acc bldg $524.00 4/11/18 $38,000.00 e-25-18 misc elec $124.00

h-13-18 misc hvac $124.00

b-22-18 res weinkauf 1310 heritage dr self acc bldg $648.00 4/18/18 $15,000.00 e-26-18 res foster 502 maryl st adams elec misc elec $54.50 4/18/18 $4,000.00 p-10-18 res spellman 416 abbey ln water works misc plbg $50.00 4/18/18 $1,000.00 h-14-18 res knies 35301 washington ave j e htg misc hvac $50.00 4/18/18 $2,618.00 b-24-18 res kempken 500 mink ranch rd self roof $50.00 5/2/18 $5,000.00 b-25-18 res bck3j 2619 beck dr self raze $253.00 5/2/18 na b-26-18 res jacobs 1736 rookery glen rd self nsfh 60.00 $2,111.00 5/2/18 $400,000.00 e-27-18 misc elec $396.00

p-11-18 misc plbg $396.00

h-15-18 misc hvac $396.00

b-27-18 res milosh 2110 springwood ln self pool $167.50 5/2/18 $10,000.00 e-28-18 misc elec $50.00

b-28-18 res first cong church 107 s state st circle wood acc bldg $164.00 5/2/18 $4,000.00 b-29-18 res schildt 31501 academy rd self raze $295.00 5/2/18 na b-30-18 res olson 337 ridge ln mather roof $50.00 5/2/18 $7,000.00 b-31-18 res johnson 2733 maple rd schmitt roof $50.00 5/2/18 $5,000.00 e-29-18 res kelenic 33815 washington ave pieper misc elec 50,50 5/2/18 $300.00 p-12-18 res fillicitti 2619 beck dr maas misc plbg $50.00 5/2/18 $600.00 h-16-18 res kroes 383 oak hill cr yoss htg misc hvac $100.00 5/2/18 $5,300.00

$0.00

TOTAL $504,818.00 TOTAL 0.00 $6,594.00 Year To Date $1,555,516.00 Year To Date 0.00 $23,752.90 Monthly Building Permit Report

VILLAGE OF ROCHESTER

Month: MAY Year: 2018

p-13-18 misc plbg $65.00

h-17-18 misc hvac $65.00

p-14-18 res kaye 1820 rookery glen greenfield plbg misc plbg $50.00 5/9/18 $200.00 12602 b-33-18 res weerd 2622 n river rd elite roof $50.00 5/9/18 $10,000.00 2219 b-34-18 res neumann 420 shervin dr self deck $100.00 5/9/18 $8,000.00 513 b-35-18 res adams 33629 academy rd feldco alt $108.75 5/16/18 $4,600.00 157322 e-31-18 res grinwald 33316 washington ave self misc elec $50.00 5/16/18 $500.00 1254 b-36-18 res pauschold 1154 n english settlement morton acc bldgs $1,359.00 5/16/18 $145,000.00 122416 e-32-18 misc elec $194.00

p-15-18 misc plbg $194.00

h-18-18 misc hvac $194.00

b-37-18 res psicihulis 834 prairie view dr mainus acc bldgs $188.00 5/23/18 $5,900.00 2147 b-38-18 res kangas 2754 fox grove dr feldco alt $157.00 5/23/18 $4,000.00 157525 e-33-18 res knies 35301 washington ave pieper misc elec $53.00 5/23/18 $1,000.00 387716 p-16-18 res knies 35301 washington ave malones misc plbg $60.00 5/23/18 $1,000.00 13822 h-19-18 res dumke 29714 fernwood dr hj faust misc hvac $100.00 5/23/18 $8,243.00 37913 b-39-18 res benkendofr 30701 hunters glen rd self ag pool $120.00 5/23/18 $6,000.00 7438 e-34-18 misc elec $50.00

e-35-18 res crissy 29401 walnut dr self misc elec $50.00 5/23/18 $1,000.00 126 p-17-18 misc plbg $50.00

h-20-18 misc hvac $50.00

b-40-18 res davis 413 n state st self pool ag $100.00 5/30/18 $1,000.00 cc e-36-18 misc elec $50.00

b-41-18 res cramer 2609 n river rd self roof $50.00 5/30/18 $4,200.00 1247 b-42-18 res kangas 2754 fox grove dr hd roof $50.00 5/30/18 $7,527.00 17650 e-37-18 res knies 35301 washington ave elec tech misc elec $50.00 5/30/18 $300.00 13752 b-43-18 res benkendorf 30701 hunters glen rd stateline deck $100.00 5/30/18 $37,000.00 1161

$0.00

TOTAL $248,470.00 TOTAL 0.00 $3,980.75 Year To Date $1,803,986.00 Year To Date 0.00 $27,733.65 VILLAGE OF ROCHESTER 2018-91 June 4, 2018 PLAN COMMISSION 7:00 p.m.

Secretary Novy called the meeting to order at 7:00 p.m. with Gary Beck, Ed Chart, Maureen Eckert, Patricia Gerber, Mark Tamblyn, Tom Rowntree, and Paul Beere present.

Jon Schattner, Zoning Administrator, and Betty Novy, Village Clerk-Treasurer/ Planning Secretary, were also present.

Correction or Approval of May 7, 2018 minutes Gerber moved, 2nd by Tamblyn to approve the minutes of the May 7, 2018 meeting as printed. Motion carried.

Pledge of Allegiance.

Public Hearings: None.

Welcome New Commissioner Gary Beck and Appoint New Committee Chairperson Novy reported Weinkauf declined re-appointment to the Commission and Plan Commissioners joined her in welcoming Gary Beck as the new member appointed to fill his seat. Novy asked for nominations for Plan Commission Chairperson. Chart moved, 2nd by Eckert to nominate Patricia Gerber. Novy asked for any other nominations. None were made. Beck moved, 2nd by Eckert to close nominations. Motion carried. Novy re- stated the motion to nominate Patricia Gerber as Plan Commission Chairperson. Motion carried. Gerber acted as Chairperson for the balance of the meeting.

Application for a conditional use permit to conduct a U-Haul Truck & Trailer Rental Business (eight (8) trucks & & two (2) utility trailers) at the Rochester Food & Liquor Store, located at 2819 Beck Drive, Rochester, Wisconsin. Parcel Id. # 176031901020012 Owner Jagdish Patel Schattner displayed the aerial exhibit depicting plans for the proposed U-Haul Truck & Trailer business and reviewed the details of the application. He noted 39 parking stalls are required for the existing food and liquor store operation; and that the proposed use would be dedicating 10 of the 39 existing stalls for the parking of U- Haul vehicles. He also reported that consideration of the application had been carried over from the May meeting because the applicant was not present at that meeting and Plan Commissioners had questions that could not be answered, such as the size and types of vehicles, and how the owner planned to staff this business to make sure that alcohol and tobacco sales were being supervised inside of the store while trucks were being checked in and out. Schattner noted the applicant Jagdish Patel; and a representative of the U-Haul Business, Garrett Mofik, were present to answer these and any other questions.

Commissioner Gerber questioned why the applicant was considering adding this operation to his business. DRAFT Patel noted already operating a U-Haul rental business out of his Waukesha location. He thought he would try it in Rochester as well. He noted he began operating the U-Haul business in Rochester prior to applying to amend his conditional use permit because he did not understand the requirement to come back to the Plan Commission. However, he ceased once he knew he was in violation of the existing conditional use permit. He further explained his proposal to park the U-Haul trucks and trailers in the rear parking lot of the store and noted it is very uncommon for any of his customers to park there. Instead, the rear parking lot is usually used by patrons of other businesses in the area to accommodate event parking. He noted a previous complaint about the U-Haul trucks being parked in the front of his building. He plans to have signage directing the trucks and trailers to park in the rear parking lot; and to use the Evergreen Drive driveway for dropping off and picking up trucks. He indicated he wants to diversify his business in anticipation of the Casey’s General Store being built across the street.

Commissioner Gerber questioned how many staff members would be scheduled to handle checking trucks and trailers in and out while still managing alcohol and tobacco sales inside of the store. VILLAGE OF ROCHESTER 2018-92 June 4, 2018 PLAN COMMISSION 7:00 p.m.

Patel responded his plan is to have two people staffing the hours of 2:00 p.m. to 6:00 p.m. daily as he has noted this as his busiest time. Other than that, he plans to have one staff member on duty unless business increases to the point where it becomes necessary to increase the number.

Gerber noted Patel could not control when trucks and trailers will be dropped off and pointed out a requirement in the Wisconsin Department of Revenue booklet “Wisconsin Alcohol Beverage and Tobacco Laws for Retailers” that a licensed person must be able to watch and supervise the sales of alcohol at all times that a licensed premise is open. She did not feel the checking in and out of trucks and trailers, and the required inspections, could be accommodated during times when only one staff member is on duty. From previous experience operating a U- Haul business, she also noted many times customers need help hooking up trailers and getting the lights working. She did not feel one staff member could handle both alcohol and tobacco sales and the U-Haul business.

Patel noted the U-Haul business would be considered a second priority; and that U-Haul customers would have to wait.

Plan Commissioners then discussed the proposal to park one truck on the corner of Evergreen and Beck Drive to assist with advertising the U-Haul business.

Schattner discussed the signage/ advertising purpose of parking the truck in this location and noted to use it for this purpose is inconsistent with the sign ordinance. All signage must be accommodated within the size limitations indicated by ordinance. It was also noted that the size of a truck parked in that corner space may interfere with line of sight for traffic to see around the corner of the intersection.

Plan Commissioners then questioned the quantity of trucks (specified at eight). Patel indicated this is to provide for the maximum number of trucks. He indicated three to four would be the normal quantity. Mofik indicated U- Haul sets operational limits for each location and diverts trucks when the quantity gets too high at one location.

Eckert indicated her concern is with the number of parking spaces noting the proposed use is taking ten spots away from the minimum requirements. Patel indicated they still have the same number of parking spaces, they are just utilizing the spaces differently. Tamblyn noted the main concern is that the spaces are being utilized for another business. Beere noted visiting the store on numerous occasions and said he never observed any problem with parking (the spots in front of the store have never been filled).

Schattner noted Patel would have to petition the zoning board of appeals to get approval for less than the required number of parking stalls for his primary business.

Plan Commissioners discussed the proposal and noted two items of concern: DRAFT  that the proposed use of ten parking spaces to conduct the U-Haul business would cause the food and liquor store operation to no longer meet minimum parking requirements; and

 that planned staffing levels would not provide for liquor and tobacco sales to be supervised at all times when staff members checked U-Haul vehicles in and out behind the building.

Beck moved, 2nd by Eckert to recommend that the conditional use permit to conduct a U-Haul Truck & Trailer Rental Business (eight (8) trucks & & two (2) utility trailers) at the Rochester Food & Liquor Store, located at 2819 Beck Drive, Rochester, Wisconsin, be denied. Votes were: Beck: Aye; Chart: Aye; Eckert: Aye; Gerber: Aye; Rowntree: Aye; Tamblyn: Aye; Beere: Naye. Motion passed.

VILLAGE OF ROCHESTER 2018-93 June 4, 2018 PLAN COMMISSION 7:00 p.m.

Introduction: Ordinance #2018-5 “Amending the Municipal Code of the Village of Rochester to Incorporate Statutory Changes to the Building Code, Land Division, and Planning and Zoning Chapters, and to Update the Provisions for Temporary Use Permits” Novy reported that this ordinance is being introduced to update the municipal code to be consistent with statutory changes imposed by 2017 Wisconsin Act 243. Schattner noted changes were also included to update the code applicable to temporary use permits in response to previous direction issued by the Plan Commission to include language that specifically references wedding events. It was noted the intent of this language is to clarify how outdoor events that are not part of a properties normal business activities, or that are not a private event held on a residential property, are to be regulated. The Village Attorney drafted the ordinance amendment in such a way to make it clear that wedding events held on private residential properties are exempt if amplified music ends by 10:00 p.m. Plan Commissioners discussed the temporary use provisions and comments were made in regards to whether or not the village should regulate these activities at all. Plan Commissioners were instructed to review the ordinance and come back ready for further discussion at the July meeting.

Discuss process for review and updating Village land use classifications and text included in “A Multi- jurisdictional Comprehensive plan for Racine County – 2035”. Novy noted the Village needs to review and update their part of the plan in preparation for updating the entire county plan next year. She noted discussions had already begun regarding those areas classified as “Urban Reserve”, but that this review needs to be expanded to include the whole Village to identify changes that have, or will likely be, taking place to the land use classifications of different parcels. An example given was two gravel pits that were recently restored. The land use designation of these parcels will need to be updated. She noted past practice that special committees were appointed to review the plan. However, this review will not be as extensive as the initial processes were- it will mainly be about identifying changes. Chart reported that the Village Board authorized having the engineer update the Sanitary Sewer Service Plan at their last meeting. This will aid in review and updating the overall land use plan. Consensus of the Plan Commission was to recommend that they perform the task of reviewing and updating the Comprehensive Plan in anticipation of Racine County updating the entire plan in 2019.

Eckert moved, 2nd by Tamblyn to adjourn at 8:16 p.m. Motion carried.

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foCf'Y! t-t,·YJ , tu..i' , ~ l g~- CONDITIONAL USE APPLICATION VILLAGE OF ROCHESTER, WISCONSIN Note: Application must be fully completed and signed by the applicant or the applicant's agent. OWNER: IJagd ish Patel IAPPLICANT / AGENT: J Same Zoning District: IB- 3, General Business District TO THE VILLAGE OF ROCHESTER PLAN COMtllJSSION: The undersigned requests a conditional use pennit to (specify use, project, structure, size, etc.):

to conduct a U-Haul Rental Busin ess whiich consist of eight(8) U-Haul Rental Trucks and two (2) U-Haul rental trailers

AT (site address): 2819 Beck Drive Subdivision: N/A I Lots(s): I N/A I Block: I N/A ParceiiD#: 176031901020012 If served by municipal sewer, check here: I D I Sanitary permit # I .1' Attach ed arc: [{] Zo ning p ermit a pplication fully completed & s igned Hea r ing/ review fee payable to ·'Village of Rochester" by the applicant or the applicant' s agent. The Village ( Fees are non-r efund a b le, a nd r e-p ublication/ of Rochester wi ll provide the original or the form may amendment fees will be ch arged where applicable. be obtained at http ://rocheste rwi.us 12 SETS: dra wn-to-scale site plan that is b ased on a D S igned "Agreement for· Reimburseable Services" survey (2 full sets at scale, I 0 no larger than I I ' x 0 17', folded to 8.5" x II ") 0 3 SETS: la ndscaping/ li g hting plan Letter of' agen t s tatus- [f the applicant docs not ow ~ 0 12 SETS: report/ cover le tte r & operations plan D the property at the time of filing and/ or publi hearing, a written, s igned and dated letter from the Names & mailing addresses of the property owner ' s property owner acknowledging said petition and 0 within I 00' of the subject pro perty and across the authorizing s pecified agent to speak on the owner's street. behalf must be submitted. 0 Other Property "E-mail address: [email protected] Owner Name: Jagdish Patel Address: 3972 S. 96th Street Telephone#: (414) 213-4642 Greenfield, WI 53228 Signature: E-mail address: Agent Name: Address: Telephone #:

Signature:

Staff Use Onl : BASED ON CURRENT MAPPING, check applicable statement(s) below and underline or circle the word "aU" or "partially" D The property is aU I partially located in the shoreland area. D The project is all I partially located in the shoreland area. D The property is all I partially located in the floodplain. D The project is aU I partially located in the floodplain. D The property is all I partially located in the wetland. D The project is all I partially located in the wetland. The applicant is subject to the following Ordinance provisions (specify article/ section): .. Shoreland contract: Yes 0 No 0 Public Hearing Date: May 7, 2018 Site plan review meeting date: Submittal Received by: Jonathan P. Schattner Date petition filed: April 4, 2018 Cash or Check#: 2113 Amount received: $600.00

Plan for U-Haul dealership at Rochester Food and Beverage

The maximum of 10 pieces ofU-Haul equipment that will be kept here will be displayed as shown above with the majority of equipment kept behind the store with a single smaller truck parked upfront to show customers that equipment is available here. Trucks will be kept organized and arranged in their proper shunting position. Additionally,

Increasing business by adding a dealership may increase the amount ofjobs that can be offered to the residents ofWaterford.

U-Haul hours of operation will be from 9am until6 pm daily.

Customers will be asked to use the entrances and exits located on Evergreen Dr in order to avoid any affect on the traffic flow of Beck Dr. This can be reinforced through the use of signage directing customers to the desired entrances and exits.

In the future the residents of Waterford will have the connivence of coming to Rochester Food and Beverage in order to purchase their moving supplies such as boxes, mattress bags, and stretch wrap.

Any other suggestions are appreciated. I

Questions? Garrett Moelk Area Field Manager U-Haul Company of South Eastern Wisconsin Phone: {262) 212-2727 [email protected] 1Potential U-Haul Dealer at 2819 Beck Dr

0 Rochester Food and Beverage is locally owned and Rochester Food and Beverage operated and has been proudly serving the Waterford community for 3 years. As a dealer this business will be 2819 Beck Dr able to provide sustainable moving products and truck Waterford, WI 53185 sharing to their customers with need.

0 As a dealer, they will be able to provide moving equipment to over 4,158 households within 3 miles, allowing shorter travel distances for customers to pick up and drop off equipment. Customers would otherwise l' have to travel 4.6 miles to reach the next closest U-Haul "' / i .. , J j

rental location. Watcrf~d •- 1 ~ .I

0 Rochester Food and Beverage would maintain up to 10 pieces of equipment in the community. Their transactions as a U-Haul Dealer will contribute to the economic stability of the business as well as the Waterford community.

0 As a dealer, this location can bring added exposure and support to neighboring businesses, also adding to their economic success and resiliency. I How Do U-Haul Dealers Support Villages? U-Haul Dealers are local residents who understand the goals and challenges of the community in which they live and work. They are personally invested in their business and their community. They strive to provide quality products and service to ensure their own success and they build strong relationships with other businesses to bring continued resilience to the village. --~~~~------~

D Adding a secondary, successful business model to their establishment strengthens their ability to serve and support the village, keep business within the city and improves their own chances of survival in expanding economies

0 Dealers encourage mixed-use development, preserving land and resources typically required for new build development. D Dealers attract new customers, strengthening the economic resiliency of the small business and the village.

0 Dealers promote reuse of moving boxes, lessening the need for production of new boxes and reducing waste in landfills. Appendix D (continued)

Table 7

PLANNED LAND USE IN THE VILLAGE OF ROCHESTERa: 2035

Planned Change: 2000 2000-2035 2035 Percent of Percent of 5-Year Planning Percent Planning Increment Land Use Categoryb Acres Area Acres Change Acres Area (acres) Urban Urban Residentialc ...... 594 5.3 79 13.3 673 6.0 11 Suburban Residential (1.5 to 2.99 acres per dwelling unit) ...... 185 1.6 46 24.9 231 2.0 7 Subtotal 779 6.9 125 16.0 904 8.0 18 Commercial ...... 20 0.2 33 165.0 53 0.5 5 Industrial ...... 35 0.3 3 8.6 38 0.3 - -d Transportation, Communication, and Utilities ...... 526 4.7 50 9.5 576 5.1 7 Governmental and Institutional ...... 23 0.2 16 69.6 39 0.3 2 Recreational ...... 26 0.2 81 311.5 107 1.0 12 Urban Reserve ...... - - - - 273 - - 273 2.4 39 Urban Subtotal 1,409 12.5 581 41.2 1,990 17.6 83 Nonurban Agricultural, Rural Residential, and Open Land ...... 5,584 52.9 -790 -14.1 4,794 42.4 -113 Primary Environmental Corridor ...... 2,967 26.2 49 1.7 3,016 26.7 7 Secondary Environmental Corridor ...... 294 2.6 - - - - 294 2.6 - - Isolated Natural Resource Areas ...... 281 2.5 - - - - 281 2.5 - - Other Public Open Space ...... 401 3.5 - - - - 401 3.5 - - Extractive Uses ...... 375 3.3 160 42.7 535 4.7 23 Nonurban Subtotal 9,902 87.5 -581 -5.9 9,321 82.4 -83 Total 11,311 100.0 - - - - 11,311 100.0 - -

a The Town and Village of Rochester were consolidated as the Village of Rochester in December 2008.

b Parking areas are included in the associated land use category.

c Includes low density residential (19,000 square feet to 1.49 acres per dwelling unit) and medium density residential (6,200 square feet to 18,999 square feet per dwelling unit).

d Less than 0.5 acres.

Source: SEWRPC.

D-14

ESTIMATE #: 420506

PAGE: 1

CUSTOMER: VILLAGE OF ROCHESTER FIRE 0004104 P O BOX 38 ROCHESTER WI 53167

BUSINESS: 262/534-3444 0 VEHICLE: 2018 QUOTE SALESMAN: 00210 ENGINE: DIESEL ESTIMATE DATE: 05/30/18 DUE: 06/15/18

PRODUCT MECHANIC QUANTITY PRICE F.E.T. EXTENSION

225/70R19.5 CONTI TERRA HD3 LRG 7 328.48 2299.36 NSLTC *LTC TIRE DISMOUNT ON 7 17.50 122.50 D3AX *LTC TIRE MOUNT ON 7 17.50 122.50 M3AX *VALVE STEM LT 500 SERIES BRASS 7 11.95 83.65 S7 *TIRE DISPOSAL-LT COMMERCIAL 7 7.00 49.00 TD5 *WHEEL BALANCE LT-COMMERCIAL19.5 7 25.00 175.00 WBLTC QUOTED BALANCING IF NEEDED. QUOTED AVERAGE PRICE OF VALVE STEM. ACTUAL COST OF VALVE STEM MAY DIFFER SLIGHTLY. ANY QUESTIONS CALL RORY. 262-763-6288 CONTINENTAL GOVERNMENT PRICE SHEET.

ESTIMATE TOTAL: 2852.01 ********THIS IS NOT AN INVOICE********* *******DO NOT PAY FROM THIS FORM*******

Thank You for giving Lois Tire Shop & Auto Service an opportunity to give you an estimate. If you have any questions call 262-763-6288.

We appreciate your business!

ESTIMATE #: 422054

PAGE: 1

CUSTOMER: VILLAGE OF ROCHESTER FIRE 0004104 P O BOX 38 ROCHESTER WI 53167

BUSINESS: 262/534-3444 0 VEHICLE: 2018 CO CO SALESMAN: 00210 LICENSE: CO ESTIMATE DATE: 05/30/18 DUE: 06/15/18

PRODUCT MECHANIC QUANTITY PRICE F.E.T. EXTENSION

CARL RAD TRAIL HD ST20575R15 8P 5 71.97 359.85 CA6H04591 *VALVE STEM LT 600HP SH 5 4.99 24.95 S6 *WHEEL BALANCE 5 15.00 75.00 WB W/R-WHL-WHITE SPOKE 15X6 5/4.5 1 49.75 49.75 PIO128695S

ESTIMATE TOTAL: 509.55 ********THIS IS NOT AN INVOICE********* *******DO NOT PAY FROM THIS FORM*******

Thank You for giving Lois Tire Shop & Auto Service an opportunity to give you an estimate. If you have any questions call 262-763-6288.

We appreciate your business!

2018 ‐ 2019 Liquor License Renewal Applications Name Renewal Class "B" Address Agent/Owner The DMZ Bunker 29224 Evergreen Dr. Michael F. Fischer x Java Jo'z 29134 Evergreen Dr. Bonnie Weis x Honey Lake Inn 35415 Academy Rd. Clark Krieger x Chances 205 W. Main St. Thomas Schuerman x Hitch -N-Post 120 N. Browns Lake Rd. Michelle Edlebeck x D & T Venues 204 W. Main St. Dean Hintz x Wholesome Harvest Meals 207A W. Main St Jaclyn Trimble x

Class "A" Rochester Mini Mart 605 S Front St. Zachary Kempken x Rochester Food & Beverage 2819 Beck Dr. Jagdish Patel x Fox N Fork 203 W. Main St. Scott Chenier x Millgate General Store 151 S. Millgate Dr. Michael Hurst x Intergrity Funeral Home 29134 Evergreen Dr. Cynthia Schweitzer x

2018 ‐2019 Soda Applications The DMZ Bunker 29224 Evergreen Dr. Michael F. Fischer x Java Jo'z 29134 Evergreen Dr. Bonnie Weis x Honey Lake Inn. 35415 Academy Rd. Clark Krieger x Chances 205 W. Main St. Thomas Schuerman x Hitch-N-Post 120 N. Browns Lake Rd. Michelle Edlebeck x Rochester Food & Beverage 2819 Beck Dr. Jagdish Patel x Rochester Mini Mart 605 S Front St. Zachary Kempken x D&T Venues 204 W. Main St. Dean & Tracy Hintz x Millgate General Store 151 S. Millgate Dr. Michael Hurst x

2018‐2019 Cigarette Applications Honey Lake Inn OC 35415 Academy Rd. Clark Krieger x Hitch-N-Post OC 120 N. Browns Lake Rd. Michelle Edlebeck x Rochester Food & Beverage OC 2819 Beck Dr. Jagdish Patel x Rochester Mini Mart OC 605 S Front St. Zachary Kempken x Millgate General Store OC 151 S. Millgate Dr. Michael Hurst x

2018‐2019 Dance Hall License The DMZ Bunker 29224 Evergreen Dr. Michael F. Fischer x Honey Lake Inn 35415 Academy Rd. Clark Krieger x Hitch-N-Post 120 N. Browns Lake Rd. Michelle Edelbeck x Chances 205 W. Main St. Thomas Schuerman x D & T Venues 204 W. Main St. Dean & Tracy Hintz x

2018 Special Exemption Permit Hitch-N-Post 120 N. Brown Lake Rd. Michelle Edelbeck x August 11, 2018 Special Olympics Poker Run Benefit 10:00 a.m. - 1:00 a.m. Music 7:00p.m. - 1:00 a.m. 2018‐2019 Operator's Applications

First Last Employer BG Check Beverage Server Cert. Susan Splan Chances NA Renewal Daniel Pellin Chances NA Renewal Judy Hegemann Chances NA Renewal Lisa Hastings Chances NA Renewal Scott Chenier Fox & Fork NA Renewal Emily Paquin Bunker NA Renewal Gabrielle Garner Millgate NA Renewal Joshua Hurst Millgate NA Renewal Cynthia Miller Millgate NA Renewal Katelyn Barwick Millgate NA Renewal Juan Wagener Millgate NA Renewal Heidi Zimmerman Millgate NA Renewal Clark Krieger Honey Lake Inn NA Renewal Melissa Lloyd Honey Lake Inn NA Renewal Lee Bieneman Honey Lake Inn NA Renewal Angela Camuy Honey Lake Inn NA Renewal Pamela Zipfel Honey Lake Inn NA Renewal Katelin Fries Hitch N Post NA Renewal Jessica Mayer Hitch N Post NA Renewal Cathy Sikora Rochester Mini Mart NA Renewal Deanna Beck Rochester Mini Mart NA Renewal Cynthia Schweitzer Integrity Funeral Services NA Renewal Jaclyn Trimble Wholesome Harvest Foods NA Renewal Bonita Weis Java Jo's NA Renewal

2018‐2019 New Operator's Applications First Last Employer BG Check Beverage Server Cert. Andrew Brutlag Millgate GOOD Y Jorgen Fiehweg Millgate GOOD Y Jaclyn Silva Millgate GOOD Y Blanca Vargas Bunker GOOD Y Jeffrey Paruszkiewicz Millgate Y Village of Rochester Summary of Village Attorney Proposals 6/8/2018

Rose, Olson & Roth Davis/ Kuelthau Arenz, Molter, Macy, 314 Madison Ave., Gottormsen & Terry 111 E. Kilbourn Ave, Suite Riffle, Larson & Bitar Suite 5 Pruitt, Ekes, Geary 4015 80th St., Suite H 1400 730 N Grand Ave. Fort Atkinson, WI 610 Main St., Suite 100 Qualification Statement Criteria (from 5.7.18 Request for Proposals) Kenosha, WI 53142 Milwaukee, WI 53202 Waukesha, WI 53187 53538 Racine, WI 53403

Designated Attorney Atty. Todd Terry Atty. Christopher Jaekels Atty. Eric Larson Atty. Daniel Olson Atty. Chris Geary

Knowledge of and experience with Wisconsin Municipal Law, including whether the applicant is qualified to practice employment law; X X X X X

Municipal or other local public sector experience, including experience with development and redevelopment agreements and incentives; X X X X X

Information that will enable the Village Board to more fully understand the attorney(s) or firm’s qualifications and experience and/or specific information relevant to the Scope of Services of the Village Attorney, as set forth in Section II; X X X X X

A minimum of five professional references; X X X X X

A listing of all ongoing public sector and other major clients; Village of Rochester Many Many Newly formed- Village of Caledonia (Prosecuting Attorney) Villages: Villages: Previous experience: Village of East Troy Town of Spring Prairie Allouez Butler League WI Village of Elmwood Park Village of Wateford Ashwaubenon Dousman Municipalities Village of North Bay Town of Burlington Bayside Fox Point Barron County Village of Sturtevant Village of Twin Lakes Bear Creek Greendale Portage County Village of Twin Lakes Village of Somers Bellevue Jackson City of Green Bay Village of Union Grove Town of Somers Big Bend, Nashotah Village of Yorkville City of Kenosha Black Creek…. North Prairie Town of Norway Western Racine County continued in proposal… continued in proposal… Sewerage District continued in proposal…

If possible, specify name or names of attorney(s) proposed to act as substitute or backup legal representation for the Atty. Brian Randall Any Other Attorney on Atty. Timothy Pruitt Village in the event of the absence or unavailability of the designated Village Attorney; Atty. Anthony Nudo Atty. James Kalny staff (10) To be determined Atty. Elaine Ekes

A cost proposal to provide the services identified in this request; and $150/ hour $265 - $295/ hour $199/ hour $75/ hour $160/ hour

The proposed Engagement Agreement. X X X To be provided X REQUEST FOR PROPOSALS: VILLAGE ATTORNEY SERVICES VILLAGE OF ROCHESTER, WI

The Village of Rochester is soliciting proposals from attorneys and law firms interested in providing contract legal services as the Village Attorney. A firm must be able to provide a designated individual to serve as the Village Attorney.

The Village of Rochester is a mixed community consisting of both urban and rural areas with a population of about 3,700, covering nearly 18 square miles. Rochester is located in Western Racine County and is governed by a Village President and six Trustees, all elected at large. Village services include general government, public works, a library, a sewer utility, and a storm water utility. The Village contracts with the Racine County Sheriff’s Office for law enforcement services and with the Rochester Volunteer Fire Company, Inc. for fire and rescue services. The Village also contracts for building inspection, zoning administration, engineering services, and audit services. This position does not include prosecution services.

The current Village Attorney is retiring at the end of August. The Village wishes to engage an attorney experienced in development to take on work related to Village growth and new projects, without supervision, immediately, eventually taking over the balance of the current attorney’s duties.

PROPOSAL DEADLINE: June 4, 2018

Questions and submittals should be to the attention of:

Betty Novy, Village Clerk-Treasurer 300 West Spring Street P.O. Box 65 Rochester, WI 53167-0065 262-534-2431, ext. 304 [email protected]

I. BASICS OF PROCESS:

Statements and proposals should be submitted based on the following Scope of Services, Additional Services and any supporting documentation.

The Village selection will be based on its evaluation of the written proposal, the Applicant’s qualifications and experience, client references, the areas of legal services that the Applicant is able to provide, an oral presentation (if requested), and the overall fee structure. All proposals shall provide a straightforward, concise delineation of the Applicant’s capabilities to satisfy the requirements of the request. Emphasis should be on completeness and clarity of content. The Village reserves the right to waive any irregularities in proposals, to accept or reject any or all proposals for any reason, to negotiate with any attorney, law firm, or business, and to select one or more law firms deemed to have submitted a proposal which in the judgment of the Village is in the best interest of the Village. Proposals may be held by the Village for a period not to exceed 60 days from the date of the opening of proposals for the purpose of reviewing proposals and investigating the qualifications of the Applicant prior to the award of a contract. To ensure fairness and uniformity, firms submitting responses are requested to not contact the Village Staff or the Village Board of Trustees, other than the Clerk-Treasurer as stated below.

II. SCOPE OF SERVICES:

The Village Attorney must be licensed to practice law, in good standing, in the State of Wisconsin. The Attorney provides all legal services needed by the Village in order to support the needs of the organization through the Village Board and Staff, except for occasional services that require unusual expertise such as serving as bond counsel, as follows:

A. Provide clear and concise legal advice (oral and written) as requested or required to the Village Board, Village Clerk-Treasurer, and Staff on a variety of matters pertaining to all aspects of village law. Contacts are typically made by email or telephone and a response time of less than 24 hours is expected.

B. Research and interpret laws, court decisions and other authorities for preparing legal opinions and to advise the Village accordingly.

C. Draft, review, and/or revise documents when directed, including but not limited to contracts, ordinances, resolutions, legal memoranda, licenses, easement agreements, Village policies, notices, open records advice and responses, leases, deeds, permits, and staff reports. Clear, concise, well-organized writing is a prerequisite.

D. Make recommendations for updating Village codes, resolutions, and policies and practices.

E. Provide Village Staff with assistance, legal research and counseling on matters such as development and redevelopment, the acquisition or sale of property, preparation of leases, deeds and easements, contracts and agreements, operations governed by law, liability situations, government ethics and grant guidelines.

F. Represent the Village in intergovernmental projects and other matters, as needed.

G. Coordinate the work of outside legal counsel, as needed and directed by Village Clerk-Treasurer.

H. Prepare correspondence and other legal documents on behalf of the Village as directed.

I. Provide information regarding legislation or judicial opinions to the Village Board, Clerk-Treasurer, and Staff that have potential impact to the Village.

J. Represent and advise the Village Board, Village Officers, Boards and Commissions in all matters of law pertaining to their offices.

K. Attend regular and special Village Board meetings (open and closed sessions) if requested and advise the Board on matters on the agenda as well as procedural matters that may arise during and following the meeting. The Village Board meets at 7:00 pm on the second Monday of the month, and on the fourth Monday after the Public Works Committee Meeting, which begins at 7:00 p.m. Special meetings are called as needed.

L. Represent the Village before governmental bodies and agencies to promote the interest of the Village as requested by the Village Clerk-Treasurer.

M. Provide guidance and legal advice on Wisconsin Open Meetings Law and parliamentary procedure.

N. Perform other duties as directed by the Village Clerk-Treasurer.

O. Non-routine Legal Services: The Village Attorney may represent the Village in litigation and mediation (civil, tort, liability, construction law/public works, general writ, etc.).

III. PROPOSAL FORM AND CONTENT.

Proposals should provide a straightforward, concise description of the respondent’s capabilities to satisfy the requirements of this Request for Proposal, and should be easily reproducible.

All pages of the proposal must be numbered consecutively. The proposal should not exceed 15 pages in length. Resumes, licenses and work examples will not count against this page limit. The proposal should be organized in accordance with the list of proposal contents. Respondents may contact Betty Novy, Village Clerk-Treasurer, by email at [email protected] in order to setup a meeting prior to the submittal of the proposal as a means to gather information and conduct research about the Village.

IV. SELECTION PROCESS.

The proposals will be reviewed by the Village Clerk-Treasurer and members of the Village Board. Selected attorney(s) and/or firms will be invited for initial interviews with the Village Board or its designees, and if a second interview is warranted, by all members of the Village Board of Trustees in open session. The formal contract outlining duties and compensation will be entered into with the successful attorney(s) or firm. The Village Board of Trustees will formally appoint a Village Attorney, who shall serve at the Board’s pleasure. The Village Attorney is an independent contractor and not a Village employee. The term of the Village Attorney will be determined by the Village Board.

V. BASIC APPLICATION INSTRUCTIONS. Please read all pages in the Request for Proposal. Applicants are responsible for submitting their proposals to the appropriate location and prior to the time indicated in the specifications. No proposal will be accepted after the designated time or date indicated in the specifications. No exceptions. Should an applicant have questions on the specifications, or find discrepancies or omissions in the specifications, the applicant shall notify the Village Clerk-Treasurer, and she will send written instructions to all law firms who have contacted her. The Village will not assume responsibility for any oral instructions, or interpretations of meaning of the specifications or other contract documents to any law firm by any person or persons. Whether a proposal is sent by mail or by personal delivery, the Applicant assumes all responsibility for having its proposal deposited to the office of the Village Clerk-Treasurer by the designated date and time. All proposals must provide specific and succinct answers to all questions and requests for information. Indirect, imprecise, or incomplete responses can serve only to the disadvantage of the applicant. Please answer the questions in the format and order presented. (Submissions of individual resumes alone will not be considered a response to any specific question.)

VII. PROPOSAL.

The proposal shall specifically address the following: Legal name of attorney(s) or the firm and name of the individual proposed as Village Attorney; Address, telephone number, fax number, and e-mail address(s); Qualifications statement addressing:

A. Knowledge of and experience with Wisconsin Municipal Law, including whether the applicant is qualified to practice employment law;

B. Municipal or other local public sector experience, including experience with development and redevelopment agreements and incentives;

C. Information that will enable the Village Board to more fully understand the attorney(s) or firm’s qualifications and experience and/or specific information relevant to the Scope of Services of the Village Attorney, as set forth in Section II;

D. A minimum of five professional references;

E. A listing of all ongoing public sector and other major clients;

F. If possible, specify name or names of attorney(s) proposed to act as substitute or backup legal representation for the Village in the event of the absence or unavailability of the designated Village Attorney;

G. Current availability of designated Village Attorney;

H. A cost proposal to provide the services identified in this request; and

I. The proposed Engagement Agreement.

VII. FEE SCHEDULE.

It is anticipated the attorney(s) or firm will propose a system wherein services are provided at a specified hourly rate. The proposal should include the hourly rate for services. Such hourly fees shall include all office support services, operational, and travel costs. The Village reserves the right to accept or negotiate an acceptable fee structure.

VIII. GENERAL SUPPORT INFORMATION. The attorney(s) or firm selected by the Village must be accessible by phone and e-mail as well as have a facsimile machine available. The Village does not provide any office or clerical support for the position. Meeting rooms can be reserved for use, however, there is no dedicated Village office space provided.

IX. SUBMISSION OF PROPOSAL: Proposals must be received by the Village Clerk- Treasurer by 4:00 p.m. on Monday, June 4, 2018. Applicants must submit an original proposal and seven copies. The Village will not be responsible for any expenses incurred by an Applicant in preparing, submitting or presenting a proposal. Seven copies of each complete proposal shall be submitted in a sealed envelope bearing the caption: “Village of Rochester- Village Legal Counsel Proposal” and addressed to: Village of Rochester Attention: Betty Novy, Village Clerk-Treasurer, 300 W. Spring St., P.O. Box 65, Rochester, WI 53167-0065. All inquiries regarding this Request for Proposal and current legal services of the Village should be directed to Betty Novy, Village Clerk- Treasurer at [email protected]

4015 80th Street, Suite H, Kenosha, WI 53142 _!n GUTTORMSEN &_ TERRY,LLc Kenosha (262) 842-2338 • Burlington (262) 757-7707 • Fax (262) 584-9949

Todd A. Terry www.gt-attorneys.com todd®gt-attorneys.com

June 1, 2018

VIA PERSONAL DELIVERY

Betty Novy, Village Clerk-Treasurer Village of Rochester 300 West Spring Street P. 0. Box 65 Rochester, WI 53167-0065

Re: Village Attorney Services Proposal

Dear Ms. Novy:

I write regarding the above entitled matter and specifically in response to the Request for Proposal to provide the Village Attorney services to the Village of Rochester. Please consider this response from our firm Guttormsen & Terry, LLC ("Guttormsen & Terry") with those specific roles of Attorney Todd Terry and back-up Attorney Anthony Nudo laid out.

We are honored and excited to submit ~his response and stand ready, willing and able to provide the services proposed. We believe when comparing this proposal to the others received, that our collective background and experience will be a great fit with the Village. We welcome the opportunity to further share our experiences, background, ideas and goals with you, your Board and any committees applicable. This response, as stated above, addresses the Village Attorney position. The proposal is as follows:

Village Attorney Services:

The undersigned applicants propose to provide Village Attorney services to the Village of Rochester pursuant to the terms and conditions contained herein.

Applicant Information: Guttormsen & Terry, LLC Guttormsen & Terry, LLC 4015- goth Street, Suite H 565 Milwaukee Avenue Kenosha, WI 53142 Suite 2B Burlington, WI 53105

Proposed Lead Attorney: Todd A. Terry Telephone: (262) 842-2338 Facsimile: (262) 584-9949 Email: [email protected]

Back-up Attorney: Anthony Nudo Telephone: (262) 842-2338 Facsimile: (262) 584-9949 Email: anthony@ gt-attorneys.com Betty Novy, Village Clerk-Treasurer Village of Rochester June 1, 2018 Page2

Qualifications:

A. Municipal Law Background:

Guttormsen & Terry is a firm with a foundation based in and centered around Wisconsin Municipal Law. The background and experience this firm, Attorney Terry and Attorney Nudo bring is diverse with an outstanding blend of public and private sector services.

Attorney Terry has practiced in all areas Municipal Law. Those areas have included: vacation of public roadways, negotiating leases of publicly owned aircraft hangars, negotiating developer's agreements with municipalities, dealing with open reconts requests and public meetings laws, dealing with Notice of Claim statutes and procedures, representing private parties in direct annexation proceedings, prosecuting and defending raze orders, public acquisition of private property through eminent domain (Chapter 32), and relocation claims (Chapter 32 and ADM 92). Additionally, Attorney Terry has experience with employment law matters with several businesses Guttormsen & Terry represent. Lastly, Attorney Terry was an elected member of the Burlington School Board, sitting on the personnel and finance committees, where employment law, post Act 10, negotiations and employee discipline were regular topics.

Attorney Anthony Nudo, while a newly admitted attorney, has a wealth of experience in the public sector. Attorney Nudo was an elected alderman, serving on the City of Kenosha's Common Council, Public Works Committee, Water Utility Commission, License & Permit Committee, Special Leadership Committee, and chairman of the Stormwater Utility Committee. Attorney Nudo also served on the Kenosha County Traffic Safety Commission upon confirmation of the Kenosha County Board and its Judiciary and Law Committee. Additionally, Attorney Nudo currently serves as an advisor to the Speaker of the House, Congressman Paul Ryan, as a member of Congressman Ryan's Financial Services & Insurance Advisory Board.

In addition to Attorney Terry and Attorney Nudo, the law office of Guttormsen & Terry has additional resources relative to Municipal Law. Attorney Gregg Guttormsen has more than thirty-three (33) years of legal experience. Attorney Guttormsen is a former City of Kenosha Alderman, a former City of Kenosha Water Commissioner, a member of the Redevelopment Authority and currently provides legal counsel to the City Betty Novy, Village Clerk-Treasurer Village of Rochester June 1, 2018 Page3

of Kenosha Board of Review. The breadth of Municipal Law experience within our office is deep.

B. Municipal/Public Sector Experience.

Guttormsen & Terry and its attorneys offer broad and diverse experiences related to municipal law and municipal services. Attorney Terry currently provides Town Attorney services for the Town of Spring Prairie, Walworth County. Attorney Terry's previous firm, Lloyd, Phenicie, Lynch, Kelly, Hotvedt & Terry S.C., provided Town and Village Attorney services for the Village of Rochester, Town of Wheatland, Town of Lyons and Town of Spring Prairie. Attorney Terry was involved in a support role in providing these services. In addition to such representation, Attorney Terry has served as outside legal counsel for the Village of Mount Pleasant in negotiating sewer and water extensions and rate calculations with neighboring municipalities. Attorney Terry has extensive experience on the private sector side pertaining to annexations, development agreements and various cost sharing agreements by and between private developers and public entities.

Attorney Terry's previous firm, together with Guttormsen & Terry, represent several commercial and residential real estate developers throughout Wisconsin. That experience has focused upon public and private partnerships, including tax credit development, land dedication, and stand-alone private development dealing specifically with developer's agreements and infrastructure cost sharing agreements. Such experience includes, but is not limited to, petitions for direct annexation, negotiating real estate purchase agreements, drafting and negotiating development agreements and cost sharing agreements, vacating publicly platted roadways, condemnation of private lands by condemning authorities, relocation claims and benefits, and just compensation claims and benefits.

Attorney Nudo, again while a newly admitted attorney, has a wealth of experience in municipal and public-sector work including, but not limited to, annexations, tax incremental districts, developer's agreements and incentivized packages for development. Not only has Attorney Nudo served as an alderman for the City of Kenosha and other extensive public service, he has additionally been involved as a residential and commercial real estate agent since being licensed in 1999. Attorney Nudo was named as a Top 30 Under 30 Realtor® by Realtor® Magazine, along with being named as Realtor® of the Year three separate times. Attorney Nudo's role as a real estate agent went beyond brokering deals. He is an owner of Southshore Title and Closing Services, LLC, which provides title examination and insurance services. Attorney Nudo also served as the Betty Novy, Village Clerk-Treasurer Village of Rochester June 1, 2018 Page4

president of the Southshore Realtors® Association, a member of the Wisconsin Realtor® Association (WRA) Public Policy Committee, chairman of the WRA Legal Affairs Committee, and vice-president of the WRA Executive Committee. Among other accomplishments, Attorney Nudo recently worked directly with and testified to State Legislators to revamp existing condominium laws and other laws having a direct impact on the real estate industry.

C. Additional Relevant Information.

Guttormsen & Terry, specifically Attorney Terry and Attorney Nudo, not only bring a diverse background to the Village of Rochester but also a clear understanding of the interplay between private development and public financing, support, infrastructure and oversight. While the majority of the work provided by the firm has focused on the private side, understanding that dynamic is essential to modem day development and cooperative efforts by and between public entities and private developers. The experience by this firm and these attorneys is essential to balancing the need by and between the Village and the coming development.

Attorney Nudo has worked with private developers in the context of a real estate agent for 18 years. His start-to-finish representation included site selection through the entitlement process. Attorney Nudo is well versed in land development and understands hot-button issues from both the private and public side. Not only has Attorney Nudo represented land developers, but he has personal experience in developing Ava Woods Subdivision, an upscale residential single-family subdivision in the City of Kenosha. Moreover, Attorney Nudo is a Certified Commercial Investment Member (CCIM), an affiliate of the National Association of Realtors®. As a CCIM designee, Attorney Nudo has completed advanced coursework in financial and market analysis, and demonstrated extensive experience in the commercial real estate industry. CCIM designees are recognized as leading experts in commercial investment real estate

D. Professional References:

Please see attached.

E. Ongoing Public Sector and other Major Clients:

Public

-Village of Waterford -Village of Rochester Betty Novy, Village Clerk-Treasurer Village of Rochester June 1, 2018 Page 5

-Town of Spring Prairie -Town of Burlington -Village Twin Lakes -Village of Somers -Town of Somers -City of Kenosha

Private

-Bear Development, Kenosha -Bear Realty (Burlington, Kenosha and Paddock Lake) -Construction Management Associates -Fox River State Bank -W anasek Corporation -Bower Construction -Miller Motor Sales, Inc. -Mangold Insurance -May's Insurance Agency, Inc. -Berkshire Hathaway Epic Real Estate -Southshore Realtors® Association

F. Substitute and/or Back Up Attorney:

Any substitute or back up for Attorney Terry will be provided by Attorney Anthony Nudo.

G. Current Availability:

Both Attorney Terry and Attorney Nudo are ready and available to begin providing services in June 2018. With both attorneys available, any temporary conflicts would be covered by the other attorney.

H. Cost Proposal:

Guttormsen & Terry proposes to provide the Village Attorney services at the hourly rate of $150.00 per hour. Further terms and conditions of engagement are shown on the attached Proposed Engagement Letter.

I. Engagement Letter:

Please see attached. Betty Novy, Village Clerk-Treasurer Village of Rochester June 1, 2018 Page6

Summary:

The goal for any Village in retaining contract legal counsel should be experience, value and continuity. Guttormsen & Terry, LLC, Attorney Terry Attorney Nudo offer all of that and more. This office and the undersigned are thrilled to have the opportunity to earn and develop a long-standing relationship with a progressive and well placed Village. Our collective blend of experience, both private and public sector, will provide the needed advice and counsel necessary to take the Village of Rochester where it wants to get while reducing the risk in getting there. We look forward to further opportunities to engage with you and your board about the opportunities we offer each other.

Sincerely,

TAT/AN/ktl Guttormsen & Terry, LLC

Village of Rochester Village Legal Counsel Proposal

Professional References CHAIRMAN Donald Henningfeld TOWN OF

SUPERVISORS Thomas Bolfert SPRING PRAIRIE Donald Trimberger WALWORTH COUNTY UERK-TREASURER N6097 State Road 120 • Burlington, Wisconsin 53105 Debra A. Collins Phone: 262-642-7477 Fax: 262-642-3552 Website: www.springprairiewi.com

May 31, 2018

RE: Attorney Todd A. Terry

To Whom It May Concern:

I am writing in regard to Attorney Todd Terry, specifically as a reference for him and his law firm to provide Village Attorney and Village Prosecutor services for your Village. As the Clerk/Treasurer for the Town of Spring Prairie I have had a regular opportunity to work with Attorney Terry on various needs, including road bonding issues, ordinances, and ordinance enforcement, on behalf of the Town.

Attorney Terry has served the Town of Spring Prairie for several years. I have found him to be responsive, diligent and easy to work with. He has worked with the Town on some complicated and sensitive matters and we have always felt that we are working with a friend as well as a law professional.

I write specifically to give my strongest recommendation and reference for Attorney Terry and his law firm and would urge you to consider him for your position of Village Attorney and Village Prosecutor.

Sincerely yours, Town of Spring Prairie

Debra A. Collins, Clerk/Treasurer TOWN OF WHEATLAND

34315 Geneva Road · P.O. Box 797 · New Munster, Wisconsin 53152-0797 Phone: (262) 537-4340 · Fax (262) 537-4261 E-mail: [email protected]

• Chairman- WiUiam M. Glembockl • SUpervisor - Andrew J. Lois • Supervisor- Kelly A. Wlson • Clerk • Sheila M. Siegler • Treasurer· Deborah K Vos

May 29, 2018

RE: Attorney Todd A Terry

To Whom It May Concern:

1 write in regard to Attorney Todd Terry and specifically as a reference and recommendation that you give him the utmost consideration for your position of Village Attorney and Village Prosecutor. Since my term as Chairman, Attorney Terry has provided prosecution services for the Town of Wheatland. Those services have included nuisance properties, raze orders, building permit issues, together with the customary traffic and ordinance violations. The services provided by Attorney Terry have been extensive in regard to sex offender residency and placement issues within the Town of Wheatland. Attorney Terry has been attentive, responsive and an asset to the Town of Wheatland.

In my interactions with Attorney Terry, he has been incredibly responsive and he has integrated and works well with all of our staff and administration. While Attorney Terry does not provide the regular Town Attorney services, his services provided as Town Prosecutor and as expanded through that role do nothing but allow me to conclude he would be an excellent resource and asset for your Village as both its Attorney and its Prosecutor. I urge you to strongly consider Attorney Terry and his firm for your Village Attorney and Village Prosecutor needs.

Sincerely, #~~..1:#£ "' William M. Glembocki, Town Chairman Patrick Cafferty Law Office, S.C. PATRICK K. CAFFERTY Attorneys at Law Licensed in WI & IL 840 Lake Avenue, Suite 300 liLLIAN J. SCHEIDEGGER Racine, WI 53403 Licensed in WI Phone: 262/632-5000 Fax: 262/632-5686

May 23,2018

RE: Attorney Todd Terry

Dear Sir or Madam:

Todd Terry is an excellent attorney. He is diligent, hard-working, intelligent and practicable. Attorney Terry enjoys a reputation as a top tier trial lawyer. He is respected among his peers for his legal acumen and judgment.

He receives my highest recommendation.

Sincerely,

PKC/sam BERKSHIRE HATHAWAY Home Services Epic Real Estate

June 1, 2018

Rochester Village Board 300 West Spring Street P.O. Box 65 Rochester, WI 53167-0065

Re: Attorneys Anthony Nudo and Todd Terry

Dear Village Board:

I have worked with both Anthony Nudo and Todd Terry on numerous issues. They both display tremendous amounts ofknowledge and professionalism in the field of law and in real estate.

I have worked with Anthony in the real estate business since 2005. Anthony has been the lead on several developments and projects throughout the years. He was the lead broker for Harborside Commons, a 50+ unit, senior complex that utilized WHEDA tax credits and TIF dollars in the City of Kenosha. He is also a partner of mine in a title company and a small land development project. Anthony is currently developing an 18-parcel subdivision in the City of Kenosha. He understands how to take a project from start to finish and handle the entitlements along with dealing with City staff and politicians.

Todd has helped in a legal capacity, not only in my real estate business, but also in a small family restaurant that I own in the City of Kenosha. His advice and representation in an issue involving my restaurant was absolutely invaluable.

I would recommend these two and their law office to any potential client looking for honest, knowledgeable, hardworking and good attorneys.

Sincerely,

BERKSHIRE HATHAWAY ~Hs:miM···.CES EPIC REAL ESTATE

Anthony J. DeBartolo

Anthony J. DeBartolo President

6040 39th Ave. Suite 4 Kenosha, WI 53142 • Bus: 262·605-1500 • Cell: 262-818-8669 • [email protected] Southshore REALTORS® Association, Inc

7347-57th Avenue, Kenosha, Wl53142 P: 262-942-0592 F: 262-942-0940

June 1, 2018

Village of Rochester Board of Trustees 300 West Spring Street P.O. Box 65 Rochester, WI 53167-0065

Re: Guttormsen & Terry, LLC, Anthony Nuda and Todd A. Terry

Dear Village Board:

1am the Association Executive for the Southshore REALTORs• Association (SRA). The SRA represents over 800 Realtors in Kenosha and Racine Counties. I have worked with both Attorney Nuda and Attorney Terry in a professional capacity for several years. Anthony was the president of our association twice. He was named REALTOR• of the Year three times, and he served as the treasurer for several years. Anthony introduced me to Todd. Todd represented the Racine Board of REALTORs• in the merger between the Kenosha REALTORs• Association and the Racine Board which now constitutes the SRA. Todd was an absolute pleasure to work with.

Most recently, our board voted unanimously to have Guttormsen & Terry, LLC represent the SRA in all of our association matters, Including our arbitration and ethics disputes. Both, Anthony Nuda and Todd Terry, show great professionalism and take the time to understand our specific situations. 1 would recommend Guttormsen & Terry, LLC and Anthony Nuda and Todd Terry to anyone asking my opinion.

Association Executive

REALTORS• is a registered collective membership mark which may be used only by real estate professionals who are members of the NATIONAL ASSOCIATION OF REALTORS• and subscribe to its strict Code of Ethics. G:rEQUAL HOUSING OPPORTUNITY Steve Bostrom 1 6940 39 h Ave., Ste. 4 Kenosha, WI 53142 (262) 515-3683 [email protected] http://www.epicmidwest.com

June 1, 2018

Village of Rochester 300 West Spring Street P.O. Box 65 Rochester, Wl53167

Re: Anthony Nudo and Guttormsen & Terry, LLC --Village Attorney

Dear Village Board:

My name is Steve Bostrom, and I am currently serving on the Southeastern Wisconsin Regional Planning Commission (SEWRPAC) Board as the Kenosha County Representative and as chairman of the Kenosha Regional Airport. I formally served as a City of Kenosha Alderman and Kenosha County Supervisor. During my time as a Kenosha Alderman, I sat next to Anthony Nudo and worked closely with him. I also worked closely with Anthony in his capacity as a real estate professional. In fact, I worked with Anthony and sought his advice when I represented the City of Kenosha in their purchase of several parcels of real estate within the City of Kenosha and in the Town of Somers. Anthony's insight and advice was invaluable.

Most recently, I worked with Anthony when I was a Kenosha County Supervisor in obtaining tax deeded parcels from delinquent real estate tax payers. Anthony helped me along the process. I strongly recommend you consider Anthony Nudo and Guttormsen & Terry, LLC to represent the interests of the Village of Rochester.

©2014 BHHAflillates LLC f'eaiEstate BrokerageServices are offered through lhenetwori< mernL>er lranchiseesofBHHAffiliates. LLC.Mostfranchlseesarelndependenttyownedandoperated. Berkshire HallwwayHomeservlcesa.ndlheBerkshtreHathawayHomeservicessymbolarereglsteredservlce marksof HomeservicesofAmerlca,lnc ®lnrormalionnot verified orguaranteed lfyourpropertylscurrenUy hstedwllllaBroker thlslsnoti nlem1edoaasolicl1a lion Bjelajac & Kallenbach, LLC Attorneys at Law

Atty. John M. Bjelajac, LLC 601 Lake A venue Terrance L. Kallenbach, S.C. Post Office Box 38 Racine, Wisconsin 53401-0038 Judith M. Hartig-Osanka Telephone: (262) 633-9800 (1938-2011) FAX: (262) 633-1209

June 4, 2018

Village Board of Trustees Village of Rochester Village Hall 300 West Spring Street Post Office Box 65 Rochester, Wisconsin 53167

RE: Attorney Todd A. Terry

Gentlemen:

It is with great pleasure that I send to you this letter of recommendation on behalf of Attorney Todd Terry for the position of Village Attorney for the Village of Rochester.

During my forty-five years in the practice of law, I have had the privilege of serving in the City Attorney's Office for the City of Racine and in the Racine County Corporation Counsel's Office for Racine County. For many years, and up to this day, I have also had the privilege of representing the Village of Caledonia in all of its utility work, intergovernmental relations, and most recently the Foxconn venture. I am presently the Town Attorney for the Town of Randall in Kenosha County and the City Attorney for the City of Burlington where I live.

I mention all of this because during all of my years of practice I have been steeped in the field of municipal law. That honor also allows me to recognize other attorneys who are good and capable in that field. One of those few attorneys is Todd Terry.

I have been fortunate to work with Todd Terry over the years while he represented developers seeking the necessary governmental permissions from the municipalities that I represented. At my urging, the City of Burlington also brought him in as co-counsel in an important piece oflitigation, and in which he served admirably. Finally, and this is in my mind the highest compliment that I can pay to Todd Terry, he is one of the few attorneys on a very short list that I would trust with my own personal legal work. June 4, 2018 Page 2

I commend to you Todd Terry. If you do select him for your legal counsel for the Village of Rochester, he will serve you extremely well.

Very truly yours,

BJELAJAC & KALLENBACH MnB!- John M. Bjelajac

JMB/bj cc: Atty. Todd A. Terry Guttormsen & Terry, LLC

Village of Rochester Village Legal Counsel Proposal

Draft Engagement Letter 4015 80th Street, Suite H, Kenosha, WI 53142 _!n GUTTORMSEN &_ TERRY,uc Kenosha (262) 842-2338 • Burlington (262) 757-7707 • Fax (262) 584-9949

Todd A. Terry www.gt-attorneys.corn todd®gt-attorneys.corn

June 1, 2018

Betty Novy, Village Clerk-Treasurer Village of Rochester 300 West Spring Street P. 0. Box 65 Rochester, WI 53167-0065

Re: Engagement Letter for Village Attorney Services

Dear Ms. Novy:

Thank you for selecting Guttormsen & Terry, LLC to represent you. Our office strives to deliver high quality, cost effective legal services and will always work in your best interest, subject to our duties of professional responsibilities. Please do not hesitate to contact us if you have any questions or concerns.

1. Identification of Client. The Village of Rochester (the "Village") will be our client in the matters discussed in this letter and throughout our representation (hereinafter, the "client"). Any reference in this correspondence to you or the client will refer to the Village.

2. Scope of Engagement and Services Billed For. This engagement letter (the "Agreement") confirms the terms of our representation. As we discussed, the scope of our engagement on behalf of you as our client, will, in general, be to:

• Provide clear and concise legal advice (oral and written) as requested or required to the Village Board, Village Administration, and Staff. • Research and interpret laws, court decisions and other authorities for preparing legal opinions and to advise the Village. • Draft, review, and/or revise contracts, ordinances, resolutions, legal memoranda, licenses, easement agreements, Village policies, notices, open records advice and responses, leases, deeds, permits, and staff reports. • Make recommendations for updating Village codes, resolutions, and policies and practices. • Provide Village Staff with assistance, legal research and counseling on matters such as annexation, development and redevelopment, the acquisition or sale of property, preparation of leases, deeds and easements, contracts and agreements, operations governed by law, liability situations, government ethics and grant guidelines. • Represent the Village in intergovernmental projects and other matters. • Coordinate the work of outside legal counsel. Betty Novy, Village Clerk-Treasurer Village of Rochester June 1, 2018 Page 2

• Prepare correspondence and other legal documents on behalf of the Village. • Provide information regarding legislation or judicial opinions to the Village Board, Administrator, and Staff. • Represent and advise the Village Board, Village Officers, Boards and Commissions in all matters of law pertaining to their offices. • Attend regular and special Village Board meetings (open and closed sessions) and advise the Board on matters on the agenda as well as procedural matters that may arise during and following the meeting. • Represent the Village before governmental bodies and agencies to promote the interest of the Village. • Provide guidance and legal advice on Wisconsin Open Meetings Law and parliamentary procedure. • Represent the Village in litigation and mediation (civil, tort, liability, construction law/public works, general writ).

3. Staffing. Attorney Todd A. Terry will be the primarily responsible attorney providing you with representation referenced herein. Back-up and coverage support will be provided by Attorney Anthony Nudo.

4. Conflicts of Interest. We have checked our records and believe that there is no conflict of interest that prevents us from working on these matters based upon the information you have provided to us at this time.

5. Services Not Billed For. Our firm does not and will not bill for travel time or the time of administrative and/or paralegal assistance. The attorneys are the sole persons responsible for completing these matters, with the assistance of such staff referenced above.

6. Fees and Billing. The fees and costs for our engagement are not predictable at this point. Therefore, we cannot promise what fees or expenses will be necessary to resolve or complete our work. The payment of our firm's fees and costs are not contingent upon any specific outcome. The payment terms of our representation are as follows:

A. The hourly rate for these services, unless further agreed upon in writing, will be $150.00 per hour. This rate would be billed incrementally based on an hourly scale with the minimum billing period within such scale at six (6) minutes. Our invoices are itemized based upon the date and the activity conducted applied to the hourly rate. The rate charged to the Village for any and all matters related to the Village Attorney position will not exceed $150.00.

B. We will bill you for out of pocket costs incurred by our office for such things as messenger and delivery service, service fees, witness fees, recording fees and filing fees. Betty Novy, Village Clerk-Treasurer Village of Rochester June 1, 2018 Page 3

C. We may ask you to pay directly invoices which we receive from third parties (such as recording fees, appraisal, surveying, inspection or testing fees and title insurance premiums) that bill us during our representation.

D. Statements are normally sent each month and reflect the services and expenses incurred to date. Payment shall be due promptly upon receipt. In our discretion, in lieu of monthly invoices, we may invoice you for the full amount at the time of or shortly subsequent to the closing of your transaction. Payment is due promptly upon receipt. In addition, subject to our rules of professional responsibility, you agree that we may also cease performing services until satisfactory arrangements have been made for payments of amounts outstanding in excess of 45 days and the payment of future amounts.

8. Termination of Representation.

A. Either of us may terminate this agreement at any time for any reason by written notice. Our firm is subject to applicable rules of professional conduct when terminating a client engagement. If we terminate the engagement, our firm will take all reasonable and practical steps to protect your interests. We will provide new counsel with any papers you have given us.

B. Unless previously terminated, our representation will end when we send our final statement of account. After the representation ends, there may be changes in laws or regulations that might affect your future rights and responsibilities. However, our firm does not have an obligation to continue to advise you about future legal developments, unless you engage us to do so.

9. Disposition of Files and Records. Following termination of our representation, any otherwise non-public information you have supplied to us which is retained by us will be kept confidential in accordance with applicable rules of professional conduct. This storage will be in a confidential and secured electronic format. At your request, electronically saved or produced documents will be returned to you promptly upon receipt of payment for outstanding fees and costs, unless applicable rules of professional responsibility require an earlier return. Our own files, including lawyer work product, pertaining to the representation will be retained by our firm. These firm files include, for example, firm administrative records, time and expense reports, personnel and staffing materials, credit card accounting records and internal lawyer's work product such as drafts, notes, internal memoranda and legal and factual research prepared by or for the internal use of lawyers. We reserve the right to destroy or otherwise dispose of any such documents or other materials retained by us any time after seven (7) years after termination of the engagement unless you request otherwise.

10. Opinions; Results. Either at the beginning or during representation, we might express opinions or beliefs concerning our representation and the results that might be anticipated. Betty Novy, Village Clerk-Treasurer Village of Rochester June 1, 2018 Page4

Any such statement made by us is an expression of opinion only and is not a promise or guaranty of results.

Please confirm your approval of this engagement agreement by signing and returning the enclosed duplicate copy in the envelope provided. If you have any questions or if this agreement does not accurately set forth our arrangement, please call me.

Sincerely,

GUTTORMSEN & TERRY, LLC

Todd A. Terry

TAT/ktl

Agreed and accepted this ___ day of ______, 2018.

Village of Rochester:

Name: ______

Title: ARENZ, MOLTER, MACY, RIFFLE, LARSON & BITAR MUNICIPAL LAW & LITIGATION GROUP, S.C. 730 N. GRAND AVENUE P.O. BOX 1348 WAUKESHA, WISCONSIN 53187-1348 Telephone (262)548-1340 Facsimile (262)548-9211 Email: [email protected]

DALE W. ARENZ, RETIRED PAUL E. ALEXY DONALDS. MOLTER. JR .. RETIRED MAITEO REGINA TO JOHN P. MACY R. VALJON ANDERSON COURT COMMISSIONER LUKE A. MARTELL H. STANLEY RIFFLE SAMANTHA R. SCHMID COURT COMMISSIONER STEPHEN J. CENTINARIO, JR. ERIC J. LARSON TIMOTHY A. SUHA REMZY D. BITAR June1,2018

Betty Navy, Village Clerk- Treasurer 300 West Spring Street P.O. Box 65 Rochester, Wl53167-0065

Re: Request for Proposals Legal Services

Dear Ms. Navy:

I am writing in response to your request for proposals for the Village of Rochester legal services. I welcome this opportunity to offer our services.

I believe our firm stands out in our commitment to representing municipalities, in the breadth of our knowledge of municipal law and municipal practices, and in our ability to respond to your needs quickly and efficiently without compromise.

You asked for a response to certain specific issues and I will respond to those matters in the pages that follow but let me offer some introductory background. We are a municipal law firm, all day, every day. This is what we do. We work with municipalities throughout the State of Wisconsin both as the municipal attorney of record (about 50 municipalities) and as special counsel (about another 50 municipalities). We also represent dozens of municipalities throughout the State of Wisconsin in insurance defense matters, with more than 100 active cases pending at all levels of state and federal court- we even received a favorable decision last year from the United States Supreme Court.

We would be proud to serve the Village of Rochester. I have been authorized to bind the firm to this proposal and cost schedule. You may direct all correspondence and communication regarding this proposal to me, at the address, telephone number and email address noted above. If you should have any questions or concerns, I would be happy to follow up at any time on request.

truly, ,..,.,.,, L W & LITIGATION GROUP, S.C.

EJUegm Enclosures C:\MyFHes\EJL\AFP\Novy ltr (Rochester) 6. i .18.docx ARENZ, MOLTER, MACY, RIFFLE, LARSON & BITAR MUNICIPAL LAW & LITIGATION GROUP, S.C. 730 N. GRAND AVENUE P.O. BOX 1348 WAUKESHA, WISCONSIN 53187-1348 Telephone (262)548-1340 Facsimile (262)548-9211 Email: [email protected]

DALE W. ARENZ, RETIRED PAUL E. ALEXY DONALD 8. MOL TEA, JR., RETIRED MATTEO REGINA TO JOHN P. MACY R. VALJON ANDERSON COURT COMMISSIONER LUKE A. MARTELL H. STAN LEY RIFFLE SAMANTHA A. SCHMID COURT COMMISSIONER STEPHEN J. CENTINARIO, JR. ERIC J. LARSON TIMOTHY A. SUHA REMZY D. BITAR

Village of Rochester Response to Request for Proposal

Eric J. Larson, Vice President

Date of Submission: June 1, 2018 MUNICIPAL LAW & LITIGATION GROUP, S.C.

- -- ·---"-- Response to Village of Rochester Request for Proposals: Legal SeNices June 1, 2018

Table of Contents

Executive Summary 1 Scope of SeNices- Village Attorney 1 Proposal 9 Fee Schedule 13 Exhibit A- Open Meetings Memorandum Exhibit B - Firm Resume MUNICIPAL LAW & LITIGATION GROUP, S.C.

---,---- Response to Village of Rochester Request for Proposals: Legal Services June1,2018

I. Executive Summary

This proposal is for Village Attorney legal services to the Village of Rochester. Our entire practice is devoted to representing municipalities and municipal interests. We believe we have unmatched experience in all of the fields of general municipal law, because we represent more than 200 municipalities in various capacities. Our fees are reasonable and given our experience we believe we can perform the work in a fraction of the time that might be required by others, resulting in lower costs to you. We consider ourselves to be experts in our one area of practice, and we have the necessary depth in our attorney and paralegal staff to promptly serve every need that may arise. Thank you for considering our proposal.

II. Scope of Services- Village Attorney

Your Request for Proposal lists core functions for the role of Village Attorney. I will respond to each of those as follows:

This is the business we are in. We do this scope of services with all of our more than 50 regular municipal clients. We are always here for you, a short drive, phone call or email away, and you will receive a prompt response to every question.

We have the capability to respond promptly and timely. We have eleven attorneys and three paralegals, so we can promise to be available to you every day all day. You will be given the highest level of priority at all tirnes, what that means, in terms of contacting us, is that we are always available, night and day, 7 days a week. You will have Eric's work and cell phone numbers, and there is no time when an ernail or a phone call cannot be made, and it will be promptly answered. If Eric is ever not available, you can contact any other Attorney in the office, at any time. For issues that are more complicated, that require some research or drafting, we are able to respond promptly. In our practice, we treat each client as though they are our only client, and you will never be treated as less than the highest priority.

1. Eric Larson will be the lead attorney for all advice and legal opinions, and generally will be the attorney to respond. As noted above, other attorneys in the office will be called upon to participate in the representation based upon their areas of expertise.

2. Legislative Assistance. We routinely provide such assistance to all of our municipal clients. We closely follow changing State laws and offer recommendations to all of our clients.

3. Land Use Planning. This is another area where we believe we can be particularly valuable to you. This is central to our practice. We recently argued and won a constitutional land use/takings case before the U.S. Supreme Court.

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Response to Village of Rochester Request for Proposals: Legal Services June 1, 2018

Murr v. Wisconsin eta/, (137 S.Ct. 1933, June 2017). We have drafted and reviewed hundreds or thousands of development agreements, large and small, from the redevelopment of the Brookfield Square shopping center, to several hundred unit multi-family projects, and commercial and residential projects, throughout the region. We have negotiated and drafted more than a dozen municipal boundary agreements. There has not been a time in the 34-year history of this firm that we have not been actively involved in regulating, educating, negotiating, enforcing, litigating, and drafting in this area of land use and planning law

B. Research and interpret laws, court decisions and other authorities for preparing legal opinions and to advise the Village accordingly.

Municipalities are creatures of the State, and therefore our powers are largely restricted by the dictates of the State as expressed in constitutional and statutory provisions. We routinely analyze and advise not only existing legislation but pending legislation, and we use our resources and connections to try to protect municipal interests in legislation.

As significant legal issues arise Statewide, or throughout our area, we routinely advise our municipal clients of the significant developments and applicable laws. We represent many local municipalities throughout Southeastern Wisconsin, so this is always on our minds, and we are always ready to let you know immediately when concerns arise that might affect you in particular. We also have a broader perspective given our representation of counties, cities, villages and towns throughout the State, so we are continually following the development of municipal laws and making you aware of issues that you may not learn about through other means.

1. Contracts. As for contracting issues, we review, revise and draft contracts concerning municipal issues on a regular basis.

i. Washington County recently retained Eric. J. Larson as temporary special corporation counsel, to fill a vacancy in their office, to review and revise dozens of contracts over a period of months in light of his expertise.

ii. We assist with review and negotiation of public contracts routinely. To mention just a few contract issues: opinion concerning garbage hauling contract for the City of Oconomowoc; opinion concerning garbage hauling contract for the City of Pewaukee; contract language dispute opinion for the Village of Greendale; review of charge card contract for the Town of Vernon; review of building inspection services contract for the Town of Waukesha; review of a cooperative road work contract between the Town of Waukesha and the Town of Genesee; review of road project contract for the Town of Raymond; dozens of current construction project contracts, development

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agreements in the Village of Fox Point, Town of Delafield, Village of Sussex, Village of Richfield; Racine Utility work for the FoxConn development; and many more.

iii. We have been called on to educate attorneys and officials in this area of law. Recently these have included:

(a) Contracting Terms/Procurement. (1) Eric Larson. Wisconsin Association for Public Procurement and Value in Local Government. March 2017; (2) Remzy Bitar. "Contracts: Protecting Your Municipality Against Problematic Terms and Liability Pitfalls"- Municipal Attorneys Institute June 2015.

(b) Risk Management: Indemnification and Insurance Contract Terms. Eric Larson. Wisconsin Association of County Corporation Counsels. May 2018.

(c) Financial Guarantees. League of Wisconsin Municipalities- 2016 Municipal Attorneys Institute. Eric Larson. June 2016.

2. Ordinances and Resolutions. With regard to ordinances and resolutions, this is a daily part of our practice. Recent examples include:

i. We were closely involved as the Towns of Waukesha, Eagle, Mukwonago and Lowell and Villages of Richfield and Summit each took on recodification projects to update internal Code references, update references to amended State laws and regulations as necessary, bring the Code into compliance with current best practices and recommendations, and ensuring that the Land Division Ordinance reflects current intentions. We have conducted similar comprehensive reviews of Municipal Codes, Zoning Codes, and Land Division Ordinances several times for other clients.

ii. Other recent ordinances for various clients include regulation of financial guarantees, fee schedules, sex offender residency, pier use regulations, conditional uses, signs, abandoned property and many more.

iii. Along with our regular clients, municipalities throughout the State routinely look to us for help in this area. We have drafted ordinances for the City of LaCrosse, the City of Kenosha and the City of Oshkosh, among others.

3. Open Records. We address public records requests regularly for all of our municipalities that we serve as municipal attorney. We closely follow the evolving legal interpretation of our courts.

i. Our litigation defense of municipalities in this area includes Remzy Bitar of our office who argued the seminal cases of New Richmond News v. New Richmond and WIREdata v. Village of Sussex before the Wisconsin Supreme Court. Remzy remains a leading expert in public records laws.

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Response to Village of Rochester Request for Proposals: Legal Services June1,2018

ii. We have been asked to help educate attorneys and officials in this area of law, including following:

(a) Hot Topics in Wisconsin Sunshine Laws (Open Meetings and Public Records). Eric Larson. Wisconsin Clerk's Association. March 2017.

(b) Open Meetings/Public Records. John Macy. City of Janesville. May 2017.

(d) Wisconsin's Public Records Law and Open Meetings Law. Remzy Bitar. Municipal Treasurer's Association Conference. April 2015.

D. Make recommendations for updating Village codes, resolutions, and policies and practices.

We do this in several ways, including the following. We routinely notify our clients when the State adopts new laws that are likely to require our clients to make such modifications. We also do so when our courts issue decisions that are likely to impact our clients. We always include an explanation of the change in the law along with recommendations for how you can best respond. We do this at little or no charge to you, because the costs of this routine service are shared with all our affected clients.

When it comes time to make more particularized changes to your ordinances, resolutions, policies and practices, we are also here for you. We have helped to update dozens of municipal codes, we are very familiar with the process, and are able to be very efficient in doing so. We are currently working with three of our clients on comprehensive municipal code updates. If you do so through one of the large municipal code services, we have worked with them many times and know how we can best address local issues of concern with those national codifiers. If you do so independently from a municipal code service, you need counsel that has broad knowledge of municipal codes throughout the State, to help find solutions that work for your situation. We bring that breadth of experience to all our clients and we would be pleased to do so for you as well. Such experience is important because local policy and concerns drives the recodification process and helps mitigate against local risks and liabilities that the national codifiers often overlook.

E. Provide Village Staff with assistance, legal research and counseling on matters such as development and redevelopment, the acquisition or sale of property, preparation of /eases, deeds and easements, contracts and agreements, operations governed by law, liability situations, government ethics and grant guidelines.

1. Borders and Annexation. There may not have been a time in the last 34 years when we did not have an active border dispute or annexation matter. We have litigated dozens of these cases and have negotiated at least a dozen border

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agreements. Two weeks ago, we defended the City of Sheboygan at trial concerning an annexation for a Kohler golf course. We have the expertise you need on these issues.

2. Real Estate. Municipalities buy and sell real estate and interests in property frequently, so this is a regular part of our practice as well. Condemnation, easements, deeds, deed restrictions, covenants, and foreclosures are all part of our practice. We are often called upon to assist in difficult real estate issues, including:

i. We mediated a dispute between Milwaukee County and the State of Wisconsin, over the taking of a portion of the Milwaukee County Zoo property in conjunction with the multi-million dollar 1-94 zoo interchange project.

ii. We have mediated numerous other high-profile takings I condemnation I eminent domain disputes in many jurisdictions throughout the State and have been asked to educate public officials and attorneys on the subject, including this recent presentation: Studies in Partial Takings Cases. Stan Riffle. Condemnation Appraisal Symposium. May 2017.

3. Redevelopment. Redevelopment districts, TIF districts and related blight elimination are legal issues we address often in our representation.

i. Current projects include a substantial mixed-use development and related municipal building project in the Village of Sussex; and a major conference center redevelopment at the Brookfield Square Mall.

ii. We have defended municipalities in litigation in this area many times, including assisting in the City of Eau Claire, in Voters with Facts v. City of Eau Claire, 376 Wis.2d 479 (Ct. App. 2017), which is pending before the Wisconsin Supreme Court.

4. Land Use. As to other land use issues, I note the following:

i. We have negotiated and drafted more than a dozen municipal boundary agreements.

ii. We have guided many of our clients in the process to review, draft, recodify and amend land use and zoning ordinances. In addition, we assisted them to develop a model developer's agreement, so that many issues related to development can be considered in advance of any specific negotiation and for use by our client municipality to responsibly control legal costs.

iii. Eric Larson is a frequent invited speaker on land use issues and taught a college class on the subject.

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iv. We have extensive experience in litigation defense of municipalities in this area. One recent case includes the successful defense of the City of Oshkosh against a federal suit brought by a group of landlords challenging the City's rental property inspection code.

4. Development Agreements. As for development agreements, there is no firm in the State of Wisconsin, to my knowledge that is more involved in representing municipalities concerning development issues. Current projects include:

i. We represent the City of Racine Water Utility with respect to an estimated $150M ($150,000,000) water utility services expansion for the Foxconn development project in Southeast Wisconsin.

ii. Currently pending redevelopment for a 100-unit apartment building and 1DO unit memory care facility in the Village of Fox Point, including planned development overlay, development agreement, deed restrictions and related representation.

iii. Currently pending major redevelopment projects within the City of Oconomowoc, City of St. Francis and Village of Sussex.

iv. City of Brookfield redevelopment agreement for Brookfield Square Mall.

v. Currently pending single-family development projects including plat review, development agreements, zoning controls, deed restrictions and related documents in more than a dozen of our client municipalities including Town of Delafield, Village of Dousman, Town of Eagle, Town of Genesee, Town of Mukwonago, Village of Richfield, Village of Slinger, Village of Summit and Town of Vernon and others.

F. Represent the Village in intergovernmental projects and other matters, as needed.

It is unlikely that another firm has more experience with intergovernmental projects. Our experience includes creating joint fire boards, sanitary districts, lake districts, library boards, and shared services for dispatch, planning, police, road construction, road maintenance, and many more, limited only by the willingness of the parties. We also have drafted more than a dozen border agreements, and the related shared services terms that are often incorporated therein. Recent and pending projects include updates to a joint water commission intermunicipal agreement, updates to a first responders intermunicipal agreement, updates to an interceptor agreement, an intermunicipal sewer service agreement, a shared municipal building construction agreement, a shared ladder truck acquisition, a shared bucket truck acquisition, and updates to the SMART (Suburban Mutual Aid Response Team) intermunicipal agreement for mutual aid police services that has 75 participating municipalities. We have the experience and are ready and able to help with any intergovernmental project that may arise.

G. Coordinate the work of outside legal counsel, as needed and directed by Village Clerk Treasurer.

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Response to Village of Rochester Request for Proposals: Legal Services June 1, 2018

If a situation would arise where outside counsel would be retained, we are well able to assist as needed given the breadth of our experience in municipal law and the trial experience of our litigators. We often are called to coordinate with bond counsel or labor counsel. Also, with our extensive insurance defense practice, many times insurance companies choose to retain us rather than outside counsel, to maintain continuity in litigation matters, which can avoid the need for outside counsel and which can best serve the interests of the municipality in maintaining consistency in facts, arguments and themes of the case.

H. Prepare correspondence and other legal documents on behalf of the Village as directed.

This is a daily part of our practice. We have form files with hundreds of samples that we can provide for almost any issue that will arise. We are prompt and efficient with all legal drafting needs.

I. Provide information regarding legislation or judicial opinions to the Village Board, Clerk Treasurer, and Staff that have potential impact to the Village.

As significant legal issues arise Statewide, or throughout our area, we routinely advise our municipal clients of the significant developments and applicable laws. We also have a broader perspective given our representation of counties, cities, villages and towns throughout the State, so we are continually following the development of municipal laws and making you aware of issues that you may not learn about through other means. In recent weeks we have advised our municipalities concerning changes in applicable laws and caselaw in many areas including conditional use authority, land use preemptions, zoning board of appeals variance standards and new laws affecting board of review procedures and appeals.

J. Represent and advise the Village Board, Village Officers, Boards and Commissions in all matters of law pertaining to their offices.

We do this routinely at nominal cost, as applicable laws change the obligations of municipal bodies and officials. We also provide confidential ethics opinions, on request, when officials have concerns about possible violation of Chapter 19.59, Wis. Slats., the Code of Ethics for Local Government Officials. We frequently conduct seminars for our clients, to educate them on their duties and responsibilities.

K. Attend regular and special Village Board meetings (open and closed sessions) if . requested and advise the Board on matters on the agenda as well as procedural matters that may arise during and following the meeting. The Village Board meets at 7:00pm on the second Monday of the month, and on the fourth Monday after the Public Works Committee Meeting, which begins at 7:00p.m. Special meetings are called as needed.

This is another core function of our practice. There is rarely a weeknight of the year that one or more member(s) of our firm are not attending a public meeting. We are always available to assist the Village's committees, boards and commissions and staff meetings as requested. We offer Eric Larson to serve as the Village Attorney, and he does not

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currently have regular meetings on the second and fourth Mondays of the month, which we understand are your regular Village Board and Public Works Committee meeting nights. We have the necessary staff to always be available, regardless of when you decide to hold your meetings.

1. We routinely advise municipalities regarding meeting agendas and remind them of notice requirements on an ongoing basis.

2. We have been asked to help educate attorneys and officials in this area of law, including following:

i. Hot Topics in Wisconsin Sunshine Laws (Open Meetings and Public Records). Eric Larson. Wisconsin Clerk's Association. March 2017.

ii. Anatomy of a Permit; Hearings. Eric Larson. League of Wisconsin Municipalities Annual Convention. October 2017.

iii. Wisconsin Open Meetings Law Training and Update. Remzy Bitar. Wisconsin Clerk's Association. May 2016.

L. Represent the Village before governmental bodies and agencies to promote the interest of the Village as requested by the Village Clerk-Treasurer.

We have extensive experience before courts, administrative agencies and other governmental bodies. We have over 100 active municipal files currently before such bodies. Our experience includes practice before federal agencies like the Equal Employment Opportunity Commission, state agencies (ranging from the Department of Revenue to the Department of Workforce Development- Equal Rights Division), to all levels of state and federal courts including the appellate courts and United States Supreme Court. Our experience also includes, on a regular basis, representation of municipal boards and bodies, like the Police and Fire Commission, the Board of Review and the Board of Zoning Appeals.

M. Provide guidance and legal advice on Wisconsin Open Meetings Law and parliamentary procedure.

As noted earlier, we have substantial experience and ongoing involvement in matters of open government, whether the open records law or the open meetings law. For your reference, we attach an outline on the Open Meetings Law as Exhibit A.

As to Robert's Rules of Order, we attend hundreds of municipal meetings every year and have done so for 34 years. We are happy to be present at your meetings and offer advice on issues that may arise including Robert's Rules of Order. We can also answer the question, "Just how do other municipalities do this?" which we find can be very welcome advice, not just on Robert's Rules, but in general. Open meetings law compliance is obviously an issue that we routinely consider for the 1OO's of meetings our clients hold each year. We have open meetings compliance outlines that we provide to new officials and training on these sessions on a regular basis.

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N. Perform other duties as directed by the Village Clerk-Treasurer.

We take direction from the Village Clerk-Treasurer in all of our work.

0. Non-routine Legal Services: The Village Attorney may represent the Village in litigation and mediation (civil, tori, liability, construction law/public works, general writ, etc.).

Remzy Bitar and the litigators in our office are panel counsel for some of the largest municipal insurers and risk pools in the state, including the League of Wisconsin Municipalities Insurance Company (LWMMI) and Wisconsin Municipal Mutual Insurance Company (WMMIC), as well as having conducted work for Cities and Villages Mutual Insurance Company (CVMIC). The firm offers experience in all aspects of constitutional Jaw and state law claims brought against municipalities and their officials and employees. The firm's litigation experience has included defense of municipalities in state courts, federal courts, appellate courts and administrative bodies. These litigated matters have ranged from constitutionality of all manner of regulation and activities under the First Amendment and other Bill of Rights, to police shootings, to personal injury and wrongful death actions, to alleged conspiracies among elected officials. Currently pending before the Wisconsin Supreme Court are three cases of interests to municipalities being handled by our firm, including land use and vested rights theory, tax assessments, the notice of claim statute, and other important issues.

The firm is also retained regularly by municipalities directly when no such insurance is available, such as recently by the City of Janesville in contentious proceedings before the Police and Fire Commission, by the Village of Menomonee Falls in a lawsuit brought by US Cellular involving the Village's regulation of and review of conditional use permits for cell towers and by St. Croix County in complex litigation involving variances to permit the construction of a proposed residence on plaintiff's substandard river lot

Ill. Proposal.

A. Knowledge of and experience with Wisconsin Municipal Law, including whether the applicant is qualified to practice employment law.

Our firm was created in 1984, when a core group of attorneys separated from a previous law firm in order to focus exclusively on the representation of municipalities. The firm has existed continuously, with this same municipal law focus for 34 years. We currently have ten full-time lawyers in the office, an eleventh attorney who is part-time, and paralegals all dedicated exclusively to the practice of municipal law. We only represent municipalities, not developers, citizens groups, plaintiffs, claimants or other entities that might appear before municipalities or might contest actions taken by municipalities. Our firm has one office location which is in downtown Waukesha, Wisconsin.

B. Municipal or other local public sector experience, including experience with development and redevelopment agreements and incentives.

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We offer Eric Larson to serve as the Village of Rochester Village Attorney. Eric has practiced municipal law for more than 25 years. Eric Larson's current principle responsibilities include being the lead attorney for the Village of Fox Point, the Village of Slinger, the Village of Dousman, the Town of Lowell, and the Town of Troy. Eric assists in the representation of all of the firm's municipal clients. Eric is also a regular speaker at municipal conferences hosted by the Wisconsin Towns Association, the League of Wisconsin Municipalities and other municipal government groups and entities. Eric is the recipient of a "Leaders in the Law'' award by the Wisconsin Law Journal (2015).

A short profile of our attorneys is as follows, and rnore complete biographical information is available in the attached municipal resume and on our website (http://www. rnunicipallawsc.com):

Paul E. Alexy R. Valjon Anderson Municipal Attorney since 1987 Litigation Attorney since 1982

Remzy D. Bitar Eric J. Larson, Shareholder Municipal and Civil Rights Litigator Municipal Lawyer since 1990 Insurance Defense for 17 years

John P. Macy, Shareholder Luke A. Martell Municipal Attorney since 1980 Municipal Litigator since 2016

Matteo Reginato H. Stanley Riffle, Shareholder Municipal Litigator since 2013 Municipal Attorney since 1980

Samantha Schmid Timothy A. Suha Municipal Litigator since 2014 Traffic Prosecutor Former Deputy Waukesha Co. D.A. Stephen J. Centinario, Jr. Traffic Prosecutor Former Deputy Waukesha Co. D.A.

C. Information that will enable the Village Board to more fully understand the attorney(s) or firm's qualifications and experience and/or specific information relevant to the Scope of Services of the Village Attorney.

Please see the attached municipal resume.

D. A minimum of five professional references.

Please feel free to contact any one of our clients identified in our attached municipal resume. Particular client contacts and phone numbers that may be of interest are these:

1. Village of Slinger Client since 2009, Serve as Village Attorney; all municipal representation Jessi Balcom, Village Administrator 300 Slinger Road MUNICIPAL LAW & LITIGATION GROUP, S.C. ----·------Response to Village of Rochester Request for Proposals: Legal Services June 1, 2018

Slinger, WI 53086-0227 262-644-5265 jbalcom @vi.slinger.wi.gov

2. Village of Fox Point Client since 2004, Serve as Village Attorney; all municipal representation Scott Botcher, Village Manager 7200 Santa Monica Blvd. Fox Point, Wl53217 414-351-8900 [email protected]

3. Village of Dousman Client since 1979, Serve as Village Attorney and Village Prosecutor Penny Nissen, Village Clerk 118 S. Main Street Dousman, Wl53188 262-965-3792 penny.nissen @villageofdousman.com

4. Town of Delafield Client for more than 20 years Serve as Town Attorney; all municipal representation Larry Krause (Town Chair); Mary Eisner (Town Clerk!Treasurer) W302 N1254 Maple Avenue Delafield, Wl53018 262-646-2398 [email protected]

5. Town of Troy Client since 2005, Serve as Town Attorney, all municipal representation John Kendall, Town Chair Town of Troy N8870 Briggs Street East Troy, WI 53120 262-470-3294 [email protected]

E. A listing of all ongoing public sector and other major clients.

This is included in the attached municipal resume.

There are several attorneys from within our firm that can substitute or backup as needed, including Remzy Bitar, Val Anderson and Paul Alexy, depending on the

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situation or your need. As to the issue of the allocation of work between the lead attorney and junior partners, associates and paralegals, that will depend on the issues involved. We do not have inexperienced lawyers in our office. Most of our attorneys have more than 20 years of experience in representing municipalities in Wisconsin. If Eric Larson assigns your project to another attorney, it is with the intent of ensuring that you are being advised by our attorney with the most expertise on the issue. For example, John Macy has given dozens, possibly even hundreds, of presentations at meetings throughout the State on the topic of Board of Review. If you have a question about Board of Review, John probably knows the answer, knows the Department of Revenue's position, knows the case law, and knows the pending legislation, right off the top of his head. We would certainly include John in the response to any issues involving Board of Review. The same can be said of any number of issues that may arise, where we have an expert on the topic, and we would include that expert in your representation.

G. Current availability of designated Village Attorney.

Eric Larson is available to serve all of your needs including attending your regular Village Board meetings as needed. Let me also comment on the issue of priority. You are given the highest level of priority at all times. What that means, in terms of contacting us, is that we are always available, 24 hours a day, 7 days a week. You will have Eric's work and cell phone numbers, and there is no time when an email or a phone call cannot be made to us, and it will be promptly answered. If Eric is ever unavailable, you can contact any other Attorney in the office, at any time. For issues that are more complicated, that require some research or drafting, we generally expect that we will have one week to respond. In the event you face such more time-consuming issues that must be addressed in less than one week, we have the flexibility to meet your needs as required and we will do so. In our practice, we treat each client as though they are our only client, and you will never be treated as less than the highest priority. Our workload is such that we can make these assurances.

H. A cost proposal to provide the services identified in this request.

Please see the Fee Schedule section, below.

I. The proposed Engagement Agreement.

If you prefer an Engagement Agreement, we probably can do that. Our recommendation, though, which is what we would very much prefer, is that the agreement would be open ended and terminable at any time, with the less formality the better. If you want us, we'r.e here for you, if you change your mind, we're out. We do not think you should be bound to us, or to anyone, for a single day after you decide the attorney/client relationship has failed. How can you operate if you don't trust your legal advice? Would you have a contract and 60-day notice to terminate with your doctor?

As with all of our clients, we are happy to continue with you for as long as you believe you are well served, and we would much prefer not to have any artificial contract terms that purport to bind us together for a single day if you are not pleased with our work.

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Response to Village of Rochester Request for Proposals: Legal Services June 1, 2018

IV. Fee Schedule

Our billing rate for regular municipal work is $199 per hour. Our time is charged portal to portal for work outside the office. Billing increments are tenths of an hour, with a minimum charge of $30 for reviewing documents/emails/messages and a minimum charge of $35 for all other work. All of our attorneys charge the same rates. We invoice monthly, with each time entry itemized.

If any expenses are incurred on your behalf, which is not common, that would be subject to prior approval and would be itemized on the billing statement. We have a full Westlaw subscription, all states and federal, with a municipal package that is included in our services, so online legal research is not billed to you.

Our practice is somewhat unique in the State of Wisconsin. While many law firms engage in the practice of municipal law, very few do so exclusively. Of the ones that do so exclusively, we are significantly larger, and therefore have been fortunate to serve clients statewide. We believe our model provides us with a wide perspective on the issues faced by municipalities. That perspective allows for an exceptional ability to quickly understand the legal issues that you may face along with the ability to quickly offer solutions that have worked to solve such issues, and the experience to implement those solutions on your behalf. Thank you for considering our proposal.

13 Exhibit A

Eric J. Larson Municipal Law & Litigation Group, S.C. 730 N. Grand Avenue VVaukesha, VVI 53186 (262) 548-1340 [email protected]

VVISCONSIN OPEN MEETINGS LA VV

As your Municipal Attorney, I believe it is my obligation to advise you of your duties regarding Wisconsin's Open Meeting Law. Over the years my office has had extensive experience with this law. Our experience, regrettably, includes defense of municipalities and elected officials who have been accused of violating the law. We prefer to avoid those accusations, if it is possible to do so. Therefore, we regularly try to educate relevant personnel of the requirements of the law. With this objective in mind, I have prepared the following Memorandum. I hope that this will assist you in complying with Wisconsin's Open Meeting Law, in order to prevent inadvertent violations of the law, and to preserve good government. As always, I am available to describe these obligations in further detail, or to answer any specific questions you may have, on your request.

MEMORANDUM

The Wisconsin Open Meetings Law is found in Sections 19.81 through 19.98 of Wisconsin Statutes. In this memorandum I will discuss seven aspects of the law: (1) The general purpose of the law; (2) Who is subject to the law; (3) What is subject to the law; ( 4) Special rules for closed session; (5) Avoiding violations related to public comments; (6) Notice requirements; and (7) Penalties that apply for violations.

(1) The general purpose of the law.

The purpose of the law, in general, is to ensure citizens full and complete access to the affairs of government:

"In recognition of the fact that a representative government of the American type is dependent upon an informed electorate, it is declared to be the policy of this state that the public is entitled to the fullest and most complete information regarding the affairs of government as is compatible with the conduct of government business." (Section 19.81(1), Stats.)

This statement of purpose is very important, as courts refer to it often. The provisions of the Open Meetings Law are required to be interpreted broadly to accomplish this purpose. (Section 19.81(4), Stats.) In furtherance of this purpose, the state legislature requires that all meetings of governmental bodies be open to the public:

"To implement and ensure the public policy herein expressed, all meetings of all state and local governmental bodies shall be publicly held in places reasonably accessible to members of the public and shall be open to all citizens at all times unless otherwise expressly provided by law." (Section 19.81(2), Stats.)

As a general rule, you ought to presume in every case that the public is entitled to receive full and complete information (including prior notice, and ability to attend) anytime a governing body engages in government business, unless a specific exception applies. I will define particular applications of this general rule in the remaining sections of this Memorandum. Wisconsin Open Meetings Law

(2) Who is subject to the law.

The law applies to all "governing bodies." This term is specifically defined in the law, and it is defined very broadly to include much more than only the primary governing body:

"Governing Body" means any local agency, board, commission, committee, council, department or public body corporate and politic created by constitution, statute, ordinances, rule or order... or a formally constituted subunit of any of the foregoing ... (Section 19.82(1), Slats.)

It also applies to any committees, park commissions, zoning hoards of appeals, boards of review, and planning commissions, and you may have other committees or boards that may be subject to the law. If you have a question regarding a particular entity is a "Governing Body" that is subject to the law, please advise and I will attempt to answer that question for you. Generally, I advise municipal officers, if they appoint advisory committees such as a building committee or salary review committee, these committees are subject to the law also because they are created by order of the Chief Presiding Officer and/or Governing Body.

(3) What is subject to the taw.

The law applies to "meetings" of governing bodies. This also is a term that is defined in the law, and is defined very broadly. This term includes the kind of activity that you normally think of as meetings, such as your regular meetings, but it also can include much more, as I will discuss below. The definition is:

"Meeting" means the convening of a governmental body for the purpose of exercising the responsibilities, authority, power or duties delegated to or vested in the body. If one-half or more of the members of the governmental body are present, the meeting is rebuttably presumed to he for the purpose of exercising the responsibilities, authority, power or duties delegated to or vested in the body. The term does not include any social or chance gathering or conference which is not intended to avoid this Subchapter ... (Section 19.82(2), Stats.)

Wisconsin courts have interpreted this definition as having two components, one related to purpose, and the second related to number. First the purpose of the gathering must be to engage in government business, be it discussion, decision or information gathering. Second, a sufficient number of members of the body must be present to determine the outcome of the matter in consideration. (Newspapers Inc. v. Showers, 135 Wis.2d 77 (1987).) If the purpose and number requirements are met, it is a meeting that is subject to the open meetings law.

Before I analyze this further, note first that this definition contains a presumption that any time one-half cir more of the members of a governmental body are present, they are presumed to be meeting for the purpose of exercising their governmental duties. This means that, if the governing body's activity were challenged, the person making the challenge only needs to allege that more than half of the governing body is present; upon that allegation (assuming one half or more were actually there) the governing body would have to try to prove to the court that it was not exercising the responsibilities, authority, power or duties of the office, at all, at the time. This is often a difficult burden to meet.

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Moreover, the case law and Attorney General opinions that have interpreted the law result in even more stringent requirements for you to follow. I will discuss three such matters, regarding a "negative quorum," "walking quorum" and the applicability of these rules to telephone and e-mail conversations.

(a) Negative quorum.

In many situations, the number of members who may control the outcome of particular issues may be less than a quorum of the governing body. For example, some issues require a two-thirds vote to pass. If two thirds vote of a seven member body is required, then 5 votes are needed to pass. In that situation, three votes against would control the outcome (i.e. a "negative quorum"). Therefore, on issues that are subject to a two-thirds vote, a gathering of three members is subject to the open meetings law, if it is for the purpose of discussion, decision or information gathering related to that issue.

Likewise, as to matters that are subject to a three-fourths vote of the governing body, two members of a seven member governing body can control the outcome, because six votes are needed to pass. On those issues, communication between two members is subject to the open meetings law, if it is for the purpose of discussion, decision or information gathering related to that issue.

Some governing bodies, and numerous committees, have fewer than seven members, so the above-described analysis will need to be modified in accordance with the number of members on the Board or committee. For example, if there are only six members, then three votes against any motion would prevent passage of the motion, regardless of whether a simple majority or two-thirds vote is required. Because three votes would control the outcome, a gathering of three members would be subject to the open meetings law, if it is for the purpose of discussion, decision or information gathering related to that issue.

To complicate matters even further, in some situations, often less than the full membership of the governing body will make the final decision, as some members may be absent or may recuse themselves. This affects the numbers that apply to the negative quorum. For example, suppose a governing body consists of seven members, but one of the seven member board will not be taking part in the decision. In that situation, three members of the six who can vote on the issue can control the outcome, even if only a simple majority is required to pass. A gathering of three members is then subject to the open meetings law, if it is for the purpose of discussion, decision or information gathering related to that issue. To take this point even further, as few as four members may make the ultimate decision, because it is possible that the bare minimum will take part in any given issue, which is four of the seven member board (assuming four is a quorum, which is usually the case with a seven member board). This means that as few as two members can in fact be a controlling number of votes.

This leads to a complicated and somewhat unpredictable analysis that must be made in every case to determine whether the open meetings law applies in particular situations. As a practical matter, if you are unsure of the number of votes that may control the outcome in a particular situation, obviously the prudent course of action is to avoid discussing governmental business outside of a properly noticed meeting, even with only one other member of the governing body.

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(b) Walking quorum.

It is possible that the law may also be violated by a series of gatherings, each one of which includes fewer than a controlling number of members. For example, if three persons can control the outcome of the matter, you may violate the law if you are a member of a governing body and you discuss the issue with one member, and then later discuss the issue with a third member. That series of discussions could constitute a "meeting" of three members, even though not all three were present at the same time. (Showers, 135 Wis.2d at 100.) The courts refer to this as a "walking quorum," and subject it to the same notice requirements that apply to other meetings of governing bodies, to ensure that the purpose of the open meetings law is not violated.

The attorney general has given an opinion that even a telephone call that is made for the purpose of engaging in government business can be a meeting, if a controlling number of members participate in the call. The attorney general has also concluded that a series of telephone calls can result in a "walking quorum," which constitutes a meeting that is subject to open meetings law requirements. Telephone calls, therefore, are indistinguishable from face-to-face conversations.

(d) E-mail.

The technological changes that have brought e-mail into our daily lives have resulted in new concerns about whether the use of e-mail constitutes a meeting, for purposes of the Wisconsin Open Meetings Laws. This technology was certainly not contemplated when the laws were created, and therefore it is difficult to apply these laws in this context. At the same time, there is a consensus on this issue among practitioners of municipal law, guided in part by the Wisconsin Attorney General's Office, and I will turn to that emerging interpretation next. (Note that for convenience I will use the word "quorum" in the following analysis, but I mean for that to also include a "negative quorum" and a "walking quorum," as discussed above.)

(i) Analysis of E-mail Issue.

Two bodies of law come together in this e-mail issue. One is the Wisconsin Public Records Law, and the other is the Wisconsin Open Meetings Law. As to the first of these issues, keep in mind that e-mail messages relating in any way to governmental business are all public records. You are obligated to maintain those public records when you receive them for a period of seven years unless local ordinances have been created to establish a different retention period. You should never delete an e-mail message that relates to governmental business, therefore, unless you are sure that the retention period has lapsed.

The open meetings issue arises when e-mail is used more like a conversation than it is used like a letter. Frequently these conversations on e-mail will go back and forth and essentially are indistinguishable from a conversation. If such a communication involves a quorum of the governmental body, it is likely a violation of the law.

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I find the Attorney General's description of these open meetings issues to be particularly persuasive, and I believe this analysis is likely to be followed by a court. In the "Wisconsin Open Meetings Law Compliance Guide" published by the Wisconsin Department of Justice, Office of the Attorney General, the Attorney General gives the following guidance on this issue:

"The widespread use of electronic mail and other electronic message technologies creates special dangers for governmental officials trying to comply with the open meetings law. Although two members of a governmental body larger than four members may discuss the body's business without violating the open meetings law, features like ''forward" and "reply to all" common in electronic mail programs deprive a sender of control over the number and identity of the recipients who eventually may have access to the sender's message. Moreover, because of the electronic mail communication, it is quite possible that a quorum of a governmental body may receive the sender's message --and therefore may receive information on a subject within the body's jurisdiction -- in an almost real-time basis, the way that they would receive it in a meeting of the body. Because of the dangers posed by electronic mail, the Attorney General strongly discourages the members of every governmental body from using electronic mail to communicate about issues within the body's realm of authority."

(ii) E-mail to a Quorum of the Governmental Body.

I suggest, therefore, that e-mail message should not be sent back and forth among a quorum of the governmental body. The same can be said regarding copying e mail messages to a quorum of a governing body, and forwarding e-mail messages to a quorum of a governing body.

The key issue is not whether a quorum of members have actually participated in the discussion by saying something, the issue is whether a quorum of the members have been privy to the discussion as it is taking place. If it appears to be an ongoing discourse between only two individuals, but the messages are copied to the full governing body, this can certainly have the appearance of a conversation that involves the full board. Consider this: What is the purpose of copying the other members if it is not to involve the other members in the conversation? If the purpose in fact is to involve the other members in the conversation, this should be done only at a properly noticed meeting.

(iii) Easy Target.

As a practical matter you need to be aware that you can easily become a target and could be exposed for violating these laws by media companies which closely watch these issues. Email leaves a trail that is easy to follow. Numerous articles have appeared in the Milwaukee Journal Sentinel from time to time, which show

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how use of e-mail could come back to haunt you. I hope that you never have to face the scrutiny and ridicule that can arise in that regard.

(iv) Practical Suggestions for E-mail.

I realize that the foregoing analysis leaves you with some rather vague rules of law. Unfortunately, that is the state of the law as it exists today. My recommendations to you are as follows:

• One-way Communication. I recommend that e-mail be used, if it is used, for one-way communication only. If you receive a one-way communication that was delivered to a quorum of the governmental body, do not "reply all" to it, and do not forward it to other governmental body members. If you have thoughts you would like to express regarding the matter, I recommend that you follow your procedures for placing that issue on an upcoming meeting agenda.

• Keep Private conversations private. From time to time you may engage in e mail conversations back and forth with municipal staff, or a single member of the governing body. In those circumstances, you should not expand that conversation to include other members of the governing body.

• Disclaimer. When you send an email in your official capacity, I recommend that you add a disclaimer to the end which prohibits further distribution'of the e-mail message. While that disclaimer might not necessarily prevent a recipient from forwarding it, if ultimately an open meetings violation occurs as a result of your email, the disclaimer may shield you from liability for having sent it initially. The disclaimer that I recommend could read substantially as follows:

This message originates from . It contains information that may be confidential or privileged and is intended only for the individual named above. It is prohibited for anyone to disclose, copy, distribute or use the contents of this message without permission, except as allowed by the Wisconsin Public Records Laws. If this message is sent to a quorum of a governmental body, my intent is the same as though it were sent by regular mail and further distribution is prohibited. All personal messages express views solely of the sender, which are not attributed to the municipality I represent, and may not be copied or distributed without this disclaimer. If you receive this message in error, please notify me immediately.

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You could go even further than this, for that matter. One of our clients routinely provides the following disclaimer, which I offer to you as a second example for your consideration:

Open Meetings Disclaimer: The email below contains the thoughts, opinions, and commentary of the author alone. It is intended as a one-way transmission of a thought, idea, or information related to my role as municipal official or issues within the municipality, but is not intended to serve as an invitation for reply, rebuttal, discussion, debate or responsive commentary. Please do not respond to this email as it is the author's intention to utilize the informality and convenience of this electronic message while simultaneously avoiding any and all violations of the Wisconsin Open Meetings Law contained in Section 19.81 of the Wisconsin Statutes or elsewhere within Wisconsin law, as applicable to this municipality as described in 66 Op. Att'y Gen. 237 ( 1977). Specifically, there is no intention on the part of the author to engage in or foster any "governmental business" as defined in State ex.rel. Newspapers v. Showers, 398 N. W.2d 154 (Wis. 1987). You are specifically requested to refrain from forwarding or "replying to all" with regard to its contents, so as to avoid the possible "walking quorum" proscriptions, including those considered in State ex.rel. Lynch v. Conta, 239 N. W.2d 313 (Wis. 1976). It is the author's motive and intent to comply with the overriding policy of the open meetings law - to ensure public access to information about governmental affairs. Your cooperation in accomplishing this end is most appreciated.

• Retention Policy. If you do not have a clearly established retention policy for e-mail messages, I recommend that you consider establishing one. This policy would apply to computers within the municipality, and also for any computer that you use for receipt or mailing e-mail communications relating to your official capacity. At a minimum, I suggest that all e-mail communications that you· send or receive should be copied to the municipal Clerk so that the Clerk can maintain the record. If you have a particular reason why the message should not be sent to the municipal Clerk, keep in mind that you then have a larger responsibility for that record given that it will not be maintained by the Clerk. Please keep in mind that in general most public records are required to be retained for seven years, though there are exceptions, and there is a very intricate procedure to change record retention periods. You should contact us if you want to explore reduction of applicable records retention requirements.

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• Use Discretion. One important difference between e-mail and an in-person discussion is that e-mail messages leave a trail which is open and available to the public. You need to keep this in mind at all times if you intend to usee mail. The statement you may make over the telephone may not have any forethought and may be forgotten forever, but an e-mail message made without forethought can be located later, printed in the newspaper, used against you in litigation, and etc. Always keep in mind that your e-mailed messages might be broadcast to the world.

(e) Attendance at Meetings of Other Governing Bodies or Committees.

As interested and engaged community members, it is very common for members of one governing body to want to attend meetings of another governing body, to observe the proceedings or gather information. This can lead to legal complications, however, if a quorum or a negative quorum of one governing body attends the meeting of another governing body. Those attendees can constitute a meeting and trigger all of the procedural requirements of the open meetings law. For example, if a quorum of the City Council would attend a meeting of the Plan Commission, to observe an issue that will be coming before the Council at a later date, that in all likelihood constitutes a Council meeting that occurs simultaneously with the Plan Commission meeting. If no Council meeting was noticed, this could cause a violation.

This concern was reported by media resources in the fall of 2016, involving Winnebago County. The Wisconsin Department of Justice investigated the activities of two county committees and their attendance at meetings of a Courthouse Security Committee (of which they were not members) over a period of years. Following the investigation, the Dept. of Justice and the Winnebago County Corporation Counsel found substantial cause for concern, and recommended that this practice be terminated.

It is very common for agenda notices to attempt to address this issue through boilerplate language that saying other committees may be present, but no action by the quorum of other committees will be taken. For example, the standard language may say the following:

"It is possible that individual members of other governing bodies of the municipality may attend the above meeting. It is possible that such attendance may constitute a meeting of any such other governing body pursuant to State ex rei. Badke v. Greendale Village Board, 173 Wis. 2d 553,494 N.W. 2d 408 (1993). This notice does not authorize attendance at either the above meeting or the Badke meeting, but is given solely to comply with the notice requirements of the open meeting law. No action will be taken by any other governmental body except by the governing body noticed in the caption above."

We continue to recommend that you include that standard notice in your agendas, but he advised that this standard notice may not be sufficient. When issues arise where members of one governing body are particularly interested in the actions of another governing body, the best practice would be to provide a separate notice of the second body that may be present. For example, if a quorum or negative quorum 8 Municipal Law & Litigation Group, S.C. Wisconsin Open Meetings Law

of the Village Board is likely to attend a meeting of the Village Plan Commission, the best practice would be to provide a separate open meetings law notice of the possible quorum of the Village Board in attendance at the Village Plan Commission meeting. If that separate notice is not provided, the best practice would be for members of the secondary body to leave the meeting to avoid creating a quorum or negative quorum that was not duly noticed.

(4) Special rules for dosed Session

As you know, you occasionally will have a lawful reason to meet in closed session. Closed session, however, is an exception to the general rule, which generally requires that meetings be in open session. Consider, first, therefore, what is meant by "open session":

'"Open Session' means a meeting which is held in a place reasonably accessible to members of the public and opeu to all citizens at all times .... "(Section 19.82(3), Stats.)

The phrase "open to all citizens at all times" is an unambiguous general prohibition against holding closed, or secret meetings. However, this does not necessarily require that meetings be held at the Municipal Hall. The attorney general has stated that governmental bodies may meet in private buildings, even private homes, if the location is reasonably accessible and properly noticed. However, if a private building, such as the clerk's home is used, the public must be allowed to enter the home to observe the meeting.

Occasionally, you will face sensitive issues that you would like to discuss privately, without members of the public being present. Even so, you still must meet in open session unless there is an applicable statutory exemption which allows you to go into closed session. Section 19.85 of the Wisconsin Statutes describes all such lawful exemptions. One exemption, for example, is for conferring with legal counsel who will advise the governing body regarding strategy to be adopted regarding current or likely litigation, namely section 19.85(l)(g). Obviously, in that situation, the municipality would have an unfair disadvantage in the litigation if the opposing party could sit in and observe the municipality's legal strategies, and therefore the legislature created this statutory exemption to the open meetings law.

The statute contains several other specific exemptions, which arise out of similar concerns that the municipality's interests cannot reasonably be discussed or pursued in open session. Rather than attempt to summarize all of the lawful reasons for going into closed session, I merely wish to point out that there are only a few specific lawful reasons for going into closed session, which are all contained in section 19.85, Wisconsin Statutes. Whether closed session is appropriate must be considered on a case by-case basis, often in consultation with counsel if you have questions regarding particular situations. Any doubts about whether a closed session is permitted must be resolved in favor of requiring an open session.

If you have a lawful basis for holding a closed session, the next issue is the several technical procedural requirements that apply. The governing body must first convene in open session. Thereafter, a motion may be made to go into closed session, which must then be seconded. Prior to voting on the motion, the presiding offtcer must publicly announce the nature of the business to be considered in closed

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session, and the particular statutory exemption which authorizes the closed session meeting, which must be recorded and reflected in the minutes. The motion must then be approved by a majority roll call vote, and the vote of each member must be recorded and reflected in the minutes.

The governing body may then exclude all members of the public from closed session. This includes the governing body's right to exclude the clerk, treasurer, assessor, municipal employees, etc., because they are not members of the governing body. However, if the governing body is a sub-unit of a parent governing body (e.g. a sub-committee of the governing body), then members of the parent body shall not be excluded from the meeting, unless the rules of the parent body provide otherwise. § 19.89, Stats. I also do not encourage the governing body to exclude the clerk because minutes of formal actions taken in closed sessions should be recorded. If the governing body feels compelled to exclude the clerk for whatever reason, one of the governing body's members should be designated to take minutes of the meeting. The closed session need not be tape recorded nor must every word said be recorded in the minutes. Formal actions in closed session should be recorded.

You need to be careful that the people who are invited into closed session do not defeat your lawful basis for the closed session. For example, if you intend to go into closed session for competitive or bargaining reasons (19.85(1)(e)) you should not have the party you are negotiating with in the closed session. The intent is to prevent the party you are negotiating with from knowing your negotiation strategy. You cannot keep the matter secret from others if you let the ones hear it which the law protects you against.

During the closed session meeting, the only issue that may be considered is the specific issue that was announced by the chief presiding officer prior to going into closed session. When consideration of that matter is complete, the governing body then has two options, depending upon the contents of the meeting notice. If the notice of the meeting advised that the governing body may reconvene in open session, then the governing body may do so and proceed in open session to consider such matters as were properly noticed. On the other hand, if the meeting notice did not give notice that the governing body would reconvene in open session, then the governing body is prohibited from doing so, and they must adjourn.

Formal voting in closed session is generally discouraged, although occasionally it may be necessary to do so. In one reported case, the Court of Appeals commented that formal votes must be made in open session. Shaeve v. Van Lare, 125 Wis.2d 40 (Ct. App. 1985). Since that time, however, commentators including counsel for the Wisconsin League of Municipalities, have concluded that the Court of Appeals' comment in this regard was not a necessary part of the decision, and is probably not a requirement that need be followed in every case. I believe that there are times when a vote must be taken in closed session, rather than open session, because of confidentiality or competitive reasons that are an integral part of the closed session deliberation, and in those circumstances I recommend that you vote in closed session. Also, obviously, if you are prohibited from re-convening into open session, due to failure to notice that fact, then the vote to adjoum must be in closed session.

The minutes of the closed session, and the tape of the closed session if one was made, are public records, but access to these public records should be carefully considered by the records custodian. As

10 Municipal Law & Litigation Group, S.C. Wisconsin Open Meetings Law with all public records, when a request for a record is received, the records custodian must perform a balancing test prior to releasing the record. If the reasons which justified going into closed session are still applicable, e.g. legal counsel discussed strategy regarding litigation in closed session and the litigation is continuing at the time of a public records request, then the reasons for preventing access will probably outweigh the public's interest in the record, and the custodian will not disclose the record. Once the litigation is over, however, the public's interest in the record may outweigh the reasons to prevent disclosure, and in that event the record must be released.

You should not expect that statements made in closed session are completely private, or that nobody will ever know what was said in closed session. Our courts have allowed litigants to pursue discovery against municipalities, in some limited situations, to find out what was said in closed session, e.g. in the case of Sands v. Whitnall School District, 754 N. W.2d 439 (2008). The court held "we conclude that Section 19.85 does not create a privilege shielding contents of closed meetings from discovery requests." This does not mean that all closed session information must be released whenever it is requested, or that it must be released during litigation. There is ample existing case law unaffected by this case, which often times would prevent the statements made in closed session from being disclosed, depending upon the circumstances existing at the time that the request is made. Even so, it is important to remember that you are conducting governmental business in closed session and you should conduct yourself appropriately in that regard, including exercising your best judgment and maintaining proper decorum. If you do so, there is really no cause for concern if at some time in the future, when there is no longer a need for confidentiality, the statements that were made in closed session might reach the light of day.

(5) Avoiding violations related to public comments

The open meetings laws specifically allow a governing body to receive public comments at meetings. The law states, in relevant part:

"The public notice of a meeting of a governmental body may provide for a period of public comment, during which the body may receive information from members of the public." (Section 19.84(2), Stats.)

Also, the governing body may discuss the public comments:

"During a period of public comment under s. 19.84(2), a governmental body may discuss any matter raised by the public." (Section 19.83(2), Slats.)

Therefore, if proper notice is given, the governing body may "receive information from members of the public" and "discuss any matter raised by the public".

Several issues arise regarding this law, which I want to briefly address. First, keep the notice requirement in mind. You should not allow members of the public to speak at a meeting regarding matters that are not specifically included in the meeting notice, unless the meeting notice describes a period of public comment.

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Second, you must not take action on any matters that arise during this public comment period. The law only allows you to "receive information" and "discuss" those matters, it does not allow you to take action.

Third, in my opinion, which counsel for the League of Municipalities shares, members of the governing body may not make public comments during the public comment period. By this I mean, the governing body members cannot use this public comment period as a means to bring up for discussion issues that were omitted from the meeting notice. That practice would clearly violate the intent of the open meetings law, which is to provide the public with full and complete access to the affairs of government, and also would violate the requirement that notice of the subject of a meeting be provided in advance of the meeting. Instead, all public comments during this portion of the meeting must be initiated by persons who are not members of the governing body. If the members of the governing body have issues that they would like to discuss at the meeting, they should be sure that those matters are specifically included in the agenda ahead of time, so that appropriate notice of those matters can be given.

(6) Notice requirements

One of the key components of the open meetings Jaws is the notice that you are required to give prior to any meeting. I will discuss three aspects of the public notice requirements, namely: (a) How must the notice be given; (b) When must the notice be given; and (c) What should the notice contain?

(a) How must the notice be given?

There are two general requirements regarding public notice. First, the open records law requires that other applicable statutory notice requirements must be met. For example, Board of Review has its own notice requirements, as stated in §70.47, and the open meetings law requires that statutory notice to be given prior to any meeting of the Board of Review. While this results in several different notice requirements being required depending upon the particular issue involved, that complexity is not due to the open meetings law itself, but is due to the particular notice requirements of other statutes. Therefore I will not discuss this first general requirement further in this context. The more complicated notice requirement that is directly related to the open meetings Jaw, is this: each meeting must be preceded by a communication from the chief presiding officer or his or her designee to all of the following: (a) the public; (b) to those news media who have filed a written request for such notice; and (c) to the official newspaper (if one is designated) or if none exists to a news medium likely to give notice in the area. I will discuss these three communications from the chief presiding officer further, in turn.

First, the chief presiding officer or designee must communicate notice to the public. This may be done by posting the notice in one, or preferably several places in the municipality where it is likely to be seen by the public, or it can be done by publication. The Attorney General has suggested that it is prudent to post the meeting notice in three separate places in the municipality, and that would be my recommendation as well. Some municipalities use publication in a newspaper but this is not required if notice is posted. One of the problems with using publication exclusively is that if a weekly newspaper is used, often the deadline is early in the week. If a matter requires a meeting on 24 hour notice, the

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newspaper is not published until a week later. Also, if the newspaper fails to publish the notice for some reason, the meeting cannot be held. On the other hand, the three postings can be made completely within the control of the municipal officers. State law was recently amended, moreover, to allow posting in one location and on the municipal website, which is another option in many cases.

If you provide notice to the public by posting, you need to consider what locations in the municipality are likely to give adequate notice. The Municipal Hall door is, of course, one of the most common locations. You could also post in other public places such as a municipal park or fire station, where you believe the notices are likely to be seen by the public. Posting at private businesses is also proper, including taverns. However, we would encourage the municipality to place a bulletin board outside of any such private business (especially at taverns) with the owner's permission, to avoid any improper appearance. The key to the use of three locations is to establish the locations, let the public know where they are, and use the same ones consistently so the information can be communicated to the public. The same can be said for the possible use of the municipal website, namely the key is to be consistent. It is advisable to establish your posting procedures by policy, at a minimum, or even by ordinance, to create an institutional memory that will ensure consistency.

The chief presiding officer, secondly, must communicate the notice to the news media who have filed a written request. As you know, many news media have a standing request to receive all meeting notices of certain governing bodies. You are required to give notice to those news media. As with the other notices you are required to give, I recommend that you provide this notice in writing.

Finally, the chief presiding officer is also required to communicate the notice to the official newspaper, or if there is none, to a news medium likely to give notice in the area. This section warrants more discussion. First, some municipalities are not required to designate an official newspaper, although they may do so by formal action of the governing body. Many municipalities have determined what newspaper or newspapers are likely to give notice in the area, and use that newspaper or newspapers when they publish notice, but have not taken the formal action to designate an official newspaper. This is perfectly okay under the law. However, even if the governing body has not designated an official newspaper, the municipality still must give the notice to a news medium likely to give notice in the area. This notice is for the news media's information and is available for them to publish or broadcast if they choose to do so. This phrase in the statute does not require a paid publication.

Some municipalities have special general publication requirements, because a newspaper is published in the municipality. Special publication rules may apply to a municipality if a newspaper is published in the municipality, per Section 61.32 and 61.50, Stats. In that event, however, the newspaper that is published in the municipality is not the same as the "official newspaper", unless the designation has been made by the governing body. Therefore, the notice requirements described above are the same for all municipalities, regardless of whether a newspaper is published in the municipality.

(b) When must the notice be given?

The timing of the notice is critical. Section 19.84(3), Wisconsin Statutes requires that the public notice must be given at least 24 hours prior to commencement of such meeting with one exception. The

13 Municipal Law & Litigation Group, S.C. Wisconsin Open Meetings Law

exception applies when it is impossible or impractical to provide 24-hour notice, in which case shorter notice may be given, but in no case less than two hours in advance of the meeting. The emergency provisions of less than 24 hours should be used only in the most extreme of situations.

Keep in mind that the 24 hour time period is measured from the time the notice is communicated to the relevant party. So, for example, it is not enough to drop the notice in the mai124 hours prior to the meeting; instead, it must be received by the relevant person 24 hours prior to the meeting. The notice can be communicated by fax, however, and when you are faced with a short time for the notice, fax is a recommended method.

Finally, do not try to combine separate meetings into one notice. Each meeting must be preceded by a separate notice.

Every public notice must set forth the time, date, place and subject matter of the meeting, including the subject of any contemplated closed session, in such form as is reasonably likely to apprise members of the public and news media of the subject of the meeting. The time, date, and place are obvious in any meeting notice. However, I must encourage all municipalities to be more careful to detail the subject matter of their meeting. Each item must be stated. It is not enough to say "committee reports" or "highway report" in many cases. The Attorney General has also cautioned against including agenda items like "Staff comments" or "Chair's Comments" on the agenda, because specific notice should be given of the subject of such comments. Especially if the municipality is going to receive a report from a committee on a particular subject and take action, it should be spelled out. For example, a park committee recommendation to purchase a piece of equipment such as a truck, should state "consideration and action on purchase of truck for park purposes". On subjects relating to highway projects, the specific nature of the project should be spelled out such as "discussion and action on seal-coating Jones Road". Even when no action is to be taken, but information is gathered, or discussion is held, notice should be provided so that all interested persons can choose to attend.

In this case, the school district board held two relevant meetings, the first being a closed session, and the second being an open session meeting two weeks later. The first notice stated only "to Wis. Stat. sec. 19.85(1)(c)." The subsequent meeting notice stated "consideration andior action on ... TEA Employee Contract Approval." At the latter meeting, the Board ratified the TEA master contract.

Our courts have faced the question of whether a meeting notice sufficiently described the subject matter, several times. In State ex rei. Buswell v. Tomah Area School District, 301 Wis. 2d 178 (2007) the Wisconsin Supreme Court found that an agenda item that said "consideration andior action concerning employment/negotiations with District personnel" was insufficient to allow the Board to consider a TEA Employee contract. The Supreme Court established a three-prong test for whether a notice is adequate:

i. Consider the amount of time and effort required to assess what information should be included in the notice, keeping in mind that the demands of specificity should not 'thwart the efficient administration of governmental business'.

14 Municipal Law & Litigation Group, S.C. Wisconsin Open Meetings Law

n. Consider the number of interested citizens and the intensity of the interest: The greater the public interest, the greater specificity is required.

iii. Consider whether it involves routine or non-routine action that the public is not likely to anticipate. Novel issues require more specificity.

This test is a reasonableness standard, but what is reasonable will depend on the circumstances. In general, by providing a few additional words of explanation in the agenda, you can completely avoid the risk of being challenged. This is especially important when significant issues are involved.

If any item is anticipated to be considered in closed session the notice should state that the governing body may go into closed session. For example, the notice should say that the governing body may go into closed session to receive advice from counsel regarding strategy to be taken in pending litigation related to the Jones Road seal-coating project, pursuant to Section 19.85(1)(g). If the governing body intends to return into open session after the closed session, the notice must so indicate, and should also indicate the subjects of the ensuing open session.

(7) Penalties that apply for violations.

Any member of the governmental body who knowingly attends a meeting held in violation of this law could be ordered by a court to forfeit not less than $25 no more than $300 for each violation. This is not reimbursable from the municipal treasury. You are deemed to know that a violation is taking place if you act "with an awareness of the high probability" that a violation is occurring.

In addition to the personal monetary penalty, any action taken at any improperly noticed meeting may be voided by a circuit court judge. Moreover, the attorney general or the district attorney may also bring actions for injunction, mandamus and/or declaratory relief against the governing body, or members thereof.

You may have a limited ability to protect yourself, if you are concerned about whether a violation will occur in a particular situation. In some circumstances, if you vote in favor of a motion to prevent the violation from occurring, you may be exempt from liability, even though a violation later occurs. Also, if you are prosecuted for a violation, and you successfully defend against that prosecution, you may seek reimbursement for costs incurred in the defense (which the governing body may, or may not, grant).

Probably the worst effect of an open meetings law violation, though, is the public embarrassment and criticism that come with such charges of violations of the law. These charges often make the newspaper and media and become campaign issues. As with the direct penalties that may be imposed, we certainly want to avoid these less tangible consequences.

15 Municipal Law & Litigation Group, S.C. Wisconsin Open Meetings Law

Conclusion.

I hope that this Memorandum will be useful to you as an overview of this important area of law, and also as a document that you can refer to in the future when particular issues arise. After you have had an opportunity to review this Memorandum, if you have any questions or concerns, please do not hesitate to contact me. Even more importantly, when particular issues arise in the future that cause you to question or be concerned about the applicability of the open meetings law, I urge you to contact me immediately to ensure that violations do not occur.

16 Municipal Law & Litigation Group, S.C. ARENZ, MOLTER, MACY, RIFFLE, LARSON & BITAR MUNICIPAL LAW & LITIGATION GROUP, S.C. 730 N, GRAND AVENUE P.O. BOX 1348 WAUKESHA, WISCONSIN 53187-1348 Telephone (262)548-1340 Facsimile (262)548-9211 Email: [email protected]

DALE W. ARENZ, RETIRED PAUL E. ALEXY DONALDS. MOLTER, JR., RETIRED MATTEO REGINA TO JOHN P. MACY A. VALJON ANDERSON COURT COMMISSIONER LUKE A. MARTELL H. STAN LEY RIFFLE SAMANTHA R. SCHMID COURT COMMISSIONER STEPHEN J. CENTINARIO, JR. ERIC J. LARSON TIMOTHY A. SUHA REMZY D. BITAR

ERIC J. LARSON

Born in Northfield, Minnesota, November 20, 1964; admitted to Minnesota State Bar, 1990, U.S. District Court, District of Minnesota, 1992, Wisconsin State Bar, 1994, and U.S. District Court, Eastern District of Wisconsin, 1995. EDUCATION

Earlham College (B.A., All College Honors, 1987); University of Minnesota Law School (J.D., 1990).

MEMBERSHIPS

Waukesha County Bar Association: Municipal Law Section. State Bar of Wisconsin: Administrative and Local Government Law Section. American Bar Association: Section of State and Local Government Law. Judicial Clerk, 8th Judicial District, Minnesota (1990-1992). Assistant County Attorney: McLeod County, Minnesota, (1992-1994). Arenz, Molter, Macy, Riffle & Larson, S.C., (1996-present)

Adjunct Faculty, Carroll College, "Land Use Law and Policy" course (2003). Chair, Waukesha County Bar Association, Municipal Section (2005 - present).

Lecturer on municipal law topics sponsored by the League of Wisconsin Municipalities (1997, 2008, 2009, 2010,2011,2013,2014,2015,2016, 2017) the Wisconsin Town's Association (1997, 1998,2006,2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016), the Waukesha County Bar Association, Municipal Law Section (2004), Waukesha County Technical College (2007, 2008); Wisconsin City/City Manager Association Regions 7 and 9 (2012); and New Clerk's School, Wisconsin Clerk's and Treasurer's Institute, University of Wisconsin Extension (2014) Wisconsin Clerks Association (2017), Wisconsin Association for Public Procurement and Value in Government (2017), National Business Institute (2017), Strafford Webinar (2017, 2018), Wisconsin Association of County Corporation Counsels (2018). Sample programs include:

Liquor Licensing Solutions to Stalled Develppment Conditional Use Authority Public/Private Partnerships Municipal Regulation of Telecommunications Single-Family Residential Zoning Issues Shared Municipal Services Public Records Laws Terminating lntermunicipal Agreements Open Meetings Laws Urban Agriculture Legal Issues Municipal Best Practices Officers and Employees Financial Guarantees Ethics Regulation of Signs Trees, Weeds and Stormwater Regulation Permit Hearings

Eric received the prestigious "Leader in the Law" Award from the Wisconsin Law Journal in 2015. More information about our firm and our attorneys is available on our website: www.municipallawsc.com MUNICIPAL LAW & LITIGATION GROUP, S.C.

MUNICIPAL RESUME

Our law firm, MUNICIPAL LAW & LITIGATION GROUP, S.C., has ten attorneys and is engaged in the general practice of law, with a heavy emphasis on municipal law, throughout Wisconsin. Our firm presently represents the following municipal entities.

REPRESENTATION

MUNICIPAL: City of Oconomowoc Town of Ixonia City of Pewaukee Town of Jackson City of St. Francis Town of LaGrange Village of Butler Town of Lowell Village of Dousman Town of Mukwonago Village of Fox Point Town of Oconomowoc Village of Greendale Town of Ottawa Village of Jackson Town of Raymond Village of Nashotah Town of Troy Village of North Prairie Town of Waukesha Village of Oconomowoc Lake Town of Wayne Village of Palmyra Town of Vernon Village of Richfield Allenton Sanitary District No. 1 Village of Slinger Blackhawk Sanitary District Village of Summit Dane County Towns Association Village of Sussex Delavan Lake Sanitary District Village of West Milwaukee Dousman Fire District Town of Addison Eagle Spring Lake Management District Town of Ashippun Genesee Lake Utility District (Surnmit) Town of Delafield Hilldale Sanitary District Town of Eagle Ixonia Sanitary District No. 1 Town of Genesee Ixonia Sanitary District No. 2 Town of Hartford Pike Lake Utility District Town of Herman Silver Lake Sanitary District Silver Lake Utility District (Surnrnit) Summit Fire District Surnmit Utility District No. 2 Summit Utility District No. 3 MUNICIPAL LAW & LITIGATION GROUP, S.C.

MUNICIPAL INSURANCE DEFENSE:

League of Wisconsin Municipalities Mutual Insurance Co. (LWMMI) Wisconsin Municipal Mutual Insurance Co. (WMMIC) Cities and Villages Mutual Insurance Co. (CVMIC) Rural Mutual Insurance

CONSULTANT TO: City of Adams Town of Farmington City of Altoona Town of Harmony City of Brookfield Town of Harrison City of La Crosse Town of Kewaskum City of Manitowoc Town of Merton City of Manitowoc Police and Fire Town of Mukwonago City of Mequon Town of Pleasant Springs City of Mequon Zoning Board of Appeals Town of Port Washington City of Milwaukee Zoning Board of Town of Randall Appeals Town of Theresa City of Muskego Town of Wautoma City of Oconomowoc Zoning Board of Town of West Bend Appeals Town of Westport City of Oshkosh County of Washington City of Sheboygan Waukesha County Technical College City of Waukesha Arrowhead High School District Area Village of Adell Schools Village of Brown Deer Delafield-Hartland Water Pollution Village of Campbellsport Control Commission Village of Hortonville Kimberly Area School District Village of Kewaskum Merton School Joint District No. 9 Village of Kingston Milwaukee County Ethics Commission Village of Menomonee Falls North Lake Management District Village of Newburg City of Milwaukee Tax Commission Village of North Fond du Lac (Board of Review) Village of Sturtevant Oconomowoc School District Town of Barton Racine Water Utility Town of Beloit Town of Caledonia Town of Cedarburg

As a general rule, we do not represent citizen groups in matters involving municipal matters. As an absolute rule, we never represent developers.

Our firm is currently rated AV by Martindale-Hubbell. Our firm has been named as a national First Tier "Best Law Firm" by U.S. News & World Report, Land Use and Zoning for multiple years in a row, including 2013, 2014, 2015, 2016 and a First Tier "Best Law Firm Milwaukee Metropolitan Region" for Administrative/Regulatory Law, Land Use and Zoning Law, and Municipal Law for multiple years in a row, including 2013,2014, 2015, 2016. Our lawyers have been recognized as "Super Lawyers" each year for a decade, and as "Best Lawyer in America," and as "Leaders in the Law" among other peer reviewed awards. MUNICIPAL LAW & LITIGATION GROUP, S.C.

In addition to our ten attorneys, we have ongoing support from Attorneys Don Molter, Dale Arenz and Rick Trindl, we have paralegal and support staff, plus research capability from para professionals that work for us from time to time. We strongly believe in working as a team with the local municipal administrators, clerks, treasurers, planners, building inspectors, assessors, engineers and financial consultants, etc.

The background on each attorney is as follows:

JOHN P. MACY

Born in Menomonee Falls, Wisconsin, June 26, 1955; admitted to Bar, 1980, Wisconsin and U.S. District Courts, Eastern and Western Districts of Wisconsin, the United States Court of Appeals for the Armed Forces and United States Supreme Court.

EDUCATION

Carroll College (B.A., cum laude, 1977); Marquette University (J.D., 1980).

American Bar Association THE FELLOWS of the American Bar Foundation State Bar of Wisconsin THE FELLOWS of the Wisconsin Law Foundation Waukesha County Bar Association: Member 1980 to present. Uniform Law Commission: Wisconsin Commissioner: 2012 to present. Court Commissioner: Waukesha County.

H. STANLEY RIFFLE

Admitted to bar, 1980, Wisconsin and U.S. District Courts, Eastern and Western Districts of Wisconsin; 2001, United States Court of Appeals- D.C. Circuit.

EDUCATION

Carroll College (B.A., 1977); Marquette University (J.D., 1980).

MEMBERSHIPS

American Bar Association: ABA General Practice Section: Budget Officer, Council Member 1993·1996; Member- Standing Committee on Gavel Awards; Member- Law Practice Management Section; Member - Litigation Section. State Bar of Wisconsin: Member- Board of Governors (1999-2001 ). Member- Standing Committee on Ethics (1997-2003). Waukesha County Bar Association: President 1995. Waukesha D.A.R.E.: Board of Directors Waukesha County Condemnation Commission: Commissioner, 1988 - present. Court Commissioner: Waukesha County 1986 - present. MUNICIPAL LAW & LITIGATION GROUP, S.C.

REMZY D. BITAR

Admitted to bar, State of Wisconsin 2001, State of Missouri, 2002, Eastern and Western District of Wisconsin, Seventh Circuit Court of Appeals, U.S. Supreme Court

EDUCATION

Washington University School of Law (J.D.) 2001 Lawrence University (B.A.) 1997

MEMBERSHIPS

American Bar Association, the Milwaukee Bar Association, the Wisconsin Defense Counsel, the Defense Research Institute and the Milwaukee Metropolitan Association of Commerce. In addition to his legal work, Remzy has co-chaired the Milwaukee Bar Association's Civil Litigation Section and served as President of the Milwaukee Insurance Adjuster's Association. Remzy also recently completed his tenure in the American Inns of Court, an organization of trial lawyers devoted to improving the skills, professionalism, civility and ethics of the bench and bar in our community. A frequent lecturer on topics including municipal, civil rights and constitutional law along with litigation related matters, Remzy has been honored on several occasions to appear in the Wisconsin Super Lawyers as a "Rising Star'' and in the Milwaukee Magazine as a "Best Lawyer," as well as earning honors through Wisconsin Law Journal's "Leaders in the Law" and through his contributions in achieving a Tier 1 rating from US News and World Report- Best Lawyers in the area of Municipal Litigation.

PAUL E. ALEXY

Admitted to the Wisconsin State Bar, 1987; U.S. District Court, Eastern District of Wisconsin, 1987; U.S. District Court, Western District of Wisconsin, 1987; and United States Court of Appeals for the Seventh Circuit.

EDUCATION

University of Wisconsin-Milwaukee (B. B.A., 1981, M.B.A., 1983) Marquette University Law School (J.D., 1987).

MEMBERSHIPS

Waukesha County Bar Association: Municipal Law Section. State Bar of Wisconsin: Administrative and Local Government Law Section. Judicial Intern, Honorable Dale E. Ihlenfeldt, United States Bankruptcy Court for the Eastern District of Wisconsin.

Associate Attorney, de Ia Mora & de Ia Mora, 1987 - 2005; Assistant Village Attorney, Elm Grove, Butler, Lac La Belle, Hartland. Arenz, Molter, Macy, Riffle & Larson, S.C. (2006- present) Adjunct Faculty, Waukesha County Technical College, Constitutional Law and Criminal Law (2009- 2010). Board Secretary, Board of Directors, Heritage Christian Schools, Inc. (2009 - present).

Lecturer on municipal law topics sponsored by the League of Wisconsin Municipalities, the Wisconsin Bar Association, the Waukesha County Bar Association, Municipal Law Section, and Waukesha County Technical College. MUNICIPAL LAW & LITIGATION GROUP, S.C.

R. VALJON ANDERSON

Born in Marion, Indiana, 1954; admitted to Wisconsin State Bar, 1982; United States District Court, Eastern and Western Districts of Wisconsin, 1982.

EDUCATION

Purdue University (B.S., Business Management, 1976). Marquette University (M.B.A., 1982; J.D., 1982).

MEMBERSHIPS

State Bar of Wisconsin Association. Waukesha County Bar Association: Family Law Section: Former Chair. Assistant Village Attorney: Elm Grove, Butler and Hartland, Wisconsin (1998 · 2006).

MATTEO REGINATO

Admitted to bar, State of Wisconsin, Eastern and Western District of Wisconsin, Seventh Circuit Court of Appeals

EDUCATION

Marquette University Law School, J.D., magna cum laude University of Houston, B.A., cum laude

Matteo has written and lectured on several legal topics relating to municipalities, including: municipal liability; discretionary immunity; government meetings; the First Amendment; law enforcement's use of force; law enforcement's contact with suicidal and mentally ill individuals; search and seizure practices; jail/prison medical care and conditions of confinement; and emergency responders. Matteo has been recognized by Super Lawyers Magazine as a Wisconsin Rising Star in the area of civil rights.

LUKE A. MARTELL

Admitted to bar, State of Wisconsin, Eastern and Western District of Wisconsin, Seventh Circuit Court of Appeals, State of Colorado

EDUCATION

University of Wisconsin Whitewater (BBA)- 2009 Northern Illinois University College of Law (JD) -· 2013

Luke began his legal career as in intern with the City of Brookfield while in law school. When he graduated he moved to Denver, CO where he worked in the healthcare industry practicing contract law.

Luke has since joined MLLG and moved back to his home state of Wisconsin. His practice now focuses on Municipal and Civil Rights Litigation Defense in both state and federal court. He also represents several municipalities as a prosecutor. Luke enjoys working with local governments and getting to know municipalities all across the state. His experience includes ordinance, land use, zoning and condemnation issues, along with municipal liability, Fourth Amendment claims and civil rights.

Luke loves the outdoors and spends his free time camping, hiking, skiing, golfing and playing hockey. MUNICIPAL LAW & LITIGATION GROUP, S.C.

SAMANTHA R. SCHMID

Admitted to bar: State of Wisconsin, Eastern and Western District of Wisconsin, Norther District of Illinois, Seventh Circuit Court of Appeals

EDUCATION

Marquette University Law School, J.D., cum laude University of Wisconsin-Madison, B.A.

Samantha has written and lectured on several legal topics relating to municipalities, including: municipal liability; law enforcement use of force, search and seizure practice, the Fourteenth Amendment and substantive due process, the First Amendment, and employment law. Samantha has been recognized by Super Lawyers as a Wisconsin Rising Star in the area of civil litigation.

TIMOTHY A. SUHA

Admitted to bar: State of Wisconsin- Government Attorney Section

EDUCATION

Valparaiso University School of Law (J.D. 2007) University of Wisconsin- La Crosse (B.S. 2004)

Timothy joins MLLG from the Waukesha County District Attorney's Office where he served as an Assistant District Attorney from 2007 to 2017. Timothy is a frequent presenter related to legal updates for Advanced Roadside Impaired Driving Enforcement (ARID E) training to Law Enforcement Officers.

STEVEN J. CENTINARIO, JR.

Admitted to bar: State of Wisconsin

Steven served as a Deputy District Attorney in the Waukesha County District Attorney's Office for more than 20 years. He joined MLLG part-tirne in .2017 to assist with municipal prosecution matters. ~- DAVIS. KUELTHAU . attorneys at law

June 4, 2018

Submitted to: Betty Navy Village Clerk-Treasurer 300 West Spring Street P.O. Box 65 Rochester, WI 53167-0065

Submitted by: Christopher J. Jaekels, Shareholder 111 E. Kilbourn Avenue, Suite 1400 Milwaukee, WI 53202 Direct: 414.225.1409 Fax: 414.278.3609 Email: [email protected] Table of Contents

Proposal Requirements Addressed

Proposed Village of Rochester Attorney and Municipal Service Team ...... 3

D I K's Municipal Law Practice Experience ...... 4

D I K's Approach to Village of Rochester's Scope of Services ...... S

Professional References ...... 7

Representative Current and Prior Public Sector Clients Served by D I K...... 7

Qualifications of Proposed Substitute or Backup Attorneys ...... 8

D I K's Availability to Serve Village of Rochester ...... 9

Cost Proposal ...... 9

Proposed Engagement Agreement ...... 11

D I K's Municipal Service Team Biographies ...... 15

~~~ DAVIS KUELTHAU Village of Rochester-Village Legal Counsel Proposal Page I 2 A .. ) Proposed Village of Rochf~ster J.\ttorney anc!Munidpal Service Team

We propose to service the Village of Rochester in a team approach. As will be explained in more detail below, Christopher Jaekels will act as the primary contact for the Village of Rochester ("the Village") appearing at meetings and coordinating the provision of services. Attorneys Laurie Meyer and James Kalny will provide labor and employment counsel services. Brian Randall and James Kalny will be the immediate back up filling in on absences and serving as the primary contact iffor some reason Chris is not available. We will refer any development issues to Todd Farris. All of Davis I Kuelthau's municipal lawyers keep in touch with their clients on nearly a 24/7 basis via email, telephone, and text to make sure that all municipalities are serviced in a timely and efficient manner.

The following is an introduction of the team members together with more information on how we would provide services. Full biographies for each team member included can be found on page 15 of our proposal for reference.

Attorney Christopher J. Jaekels' contact information is provided below:

Christopher J. Jaekels 111 E. Kilbourn Avenue, Suite 1400 Milwaukee, WI 53202 Direct: 414.225.1409 Fax: 414.278.3609 Email: [email protected]

Christopher J. Jaekels, Chair of our Municipal Law Team, has served as Village attorney for the Village of Bayside and the Village of Whitefish Bay for nearly 20 years and lead special counsel for the Village of Wales for over 10 years. He is an active board member of the Public Policy Forum and the State Bar Environmental and Local Government Sections. With more than 30 years of experience, Chris has broad expertise in environmental matters as they effect municipalities as well as annexations, intergovernmental agreements and redevelopment agreements. With his experience representing the gamut of Wisconsin's municipalities and utilities on matters such as finance, governance, contracting, infrastructure, real estate, zoning, construction, land use and environmental regulations, Chris is well-equipped to serve as the Village of Rochester's counsel.

Chris is actively involved in the following organizations: State Bar of Wisconsin Administrative and Local Government Law Section, State Bar of Wisconsin Public Contract Law Section, International Municipal Lawyers Association and the Wisconsin Policy Forum. Chris is also listed in Best Lawyers® in America for Municipal Law, Municipal Litigation, and Environmental Law.

James M. Kalny, Shareholder, Labor & Employment Practice Chair, Green Bay, WI. Jim has advised municipalities on legal matters for 35 years. Specifically, he has advised on special public improvement projects, planning and redevelopment, annexations and boundary issues, intergovernmental cooperative agreements, direct legislation issues, public records and open meetings issues and zoning appeals matters. The core of Jim's practice is in labor and employment for municipalities.

Notably, Jim organized and assembled County Human Resource Department of Green Bay and Brown County. He drafted all documents needed for the consolidation including the intergovernmental agreements creating the department and oversight commission. He managed the department as its director for five years. During that time, he negotiated three rounds with 34 bargaining units, accomplishing the initiation of insurance contributions by all units, implemented a new

:"'D DAVIS:KUELTHAU Village of Rochester-Village Legal Counsel Proposal Page I 3 . classification and compensation study for the county; and, helped to consolidate the city and county dispatch departments into one department.

Jim currently serves as member of the City of De Pere Planning Commission.

Attorney Laurie Meyer, highlighted below, will be our local contact for labor and employment counsel for the Village of Rochester.

Laurie Meyer, Shareholder, Labor & Employment Practice, Milwaukee, WI. Laurie combines her experience in human resources management with over 18 years of employment law practice to provide creative, strategic counsel and defense to employers of every size on a full range of employment issues. This depth of experience allows her to provide legal assistance to em players in ways that maximize opportunity, minimize risk, and support long-term business goals. Laurie prides herself on achieving her clients' most important goals through her strong written and verbal advocacy as well as her skilled negotiation to cost-effectively resolve claims. She recognizes that clients may see value in both a complete "win" against a litigious employee as well as a successful, cost-effective resolution of a contentious matter.

Laurie has handled multiple litigation matters involving federal, state, and local laws and ordinances, Title VII, the Americans with Disabilities Act, the Fair Labor Standards Act, the Age Discrimination in Employment Act, the Family and Medical Leave Act, the Occupational Safety and Health Act, and the Wisconsin Fair Employment Act. B.) 0 I K's Municipal law Practice Experieru::e

At Davis I Kuelthau, s.c., we understand the ever-changing legal environment that our municipal clients must navigate and assess our clients' needs from every perspective to ensure we provide them with the guidance that best fits their goals. In short, our team would be honored to serve as a valued-partner to the Village of Rochester by offering our experienced, cost-efficient team to address the Villages' day-to· day legal needs in a seamless and effective manner. Beyond their day-to-day legal experience, our team remains active in such groups as the Wisconsin Policy Forum, League of Wisconsin Municipalities, Wisconsin Public Employer Labor Relations Association, and Wisconsin Education Association Council.

Our Municipal Law team has represented more than 23 counties and more than 125 Wisconsin cities, villages, towns, and other governmental and special purpose entities across the State for more than five decades. As one of Wisconsin's most robust and cost-efficient municipal law teams, we consistently strive to find unique ways to build the most effective and customized results for our municipal clients by providing a hands-on approach to assist with the development, redevelopment, management and well· being of their communities.

Given our long-standing involvement in the public sector, we are well-equipped to handle a broad range of municipal issues that public officials face. Our attorneys regularly advise our clients in all areas of municipal law including:

• Changing law and other legal matters of • Labor negotiations and personnel concern matters • Eminent domain • Land use and development • Environmental • Municipal utilities • General legal counsel and legal advisory • Open meetings and open records needs • Ordinance development and drafting • Historic tax credits and designation • Property taxation

~~ DAVIS!KUELTHAU Village of Rochester-Village Legal Counsel Proposal Page I 4 • Prosecution on behalf of the • Tax incremental financing (TIF) municipality • Written legal opinions • Public contracts and disputes • Annexations and boundary resolution • Sewer issues agreements Specific to municipal labor counseling, we regular advise our county, city, village, town and school clients in areas such as the following:

• Grievance Procedures • Discrimination and Harassment • Police and Fire Proceedings • General Employment Issues • Layoffs and Consolidate of Services

Serving the needs of Wisconsin's municipalities and governmental special purpose districts and entities requires a variety of expertise. Our diverse experience in this area allows our team to provide efficient and reliable representation at the highest level. c.} D I K's Approach to Village of Rochester's Scope o'f Services

Quality Client Service and Responsiveness We understand the time sensitivities of our clients and pride ourselves on responsiveness. One of the many benefits municipalities enjoy when working with Davis I Kuelthau for their Village Attorney needs is the ability to leverage the depth of a multi-person legal team to maintain uninterrupted service. To accomplish this fluid service approach, we deploy an internal client service team system to ensure that individual attorney schedules do not impede delivery of legal services or responsiveness to time sensitive issues. In short, our commitment to service requires same-day responses from our attorneys.

Similarly, we recognize the size and needs of the Village of Rochester require a team of designated attorneys that correspond to the Villages' own administrative organizational structure and provide direct contact to the Villages' team to ensure efficiency of responses and application of our firm's expertise. We commit to aligning our team and our service approach to uniquely fit your preferences, work volume, and response and resource needs.

• Administrative contact: Our attorneys are readily available for telephone and individual conferences with Village Staff on a variety of matters pertaining to village law. We provide expert representation in the full complement of areas that are both unique and vital to villages, including redevelopment agreements and incentives, annexation, and tax incremental districts.

• Contract review and administration: Our experience with municipalities has demonstrated both wisdom and value for the review of "standard" contracts. From AlA agreements to standardized sanitation agreements, these contracts are often drafted to provide considerable advantages for our clients. Our public contracts team offers extensive experience detecting and addressing problematic contract provisions in an expedient and effective manner.

• Board meeting attendance: The proposed Village Attorney is readily available to attend regular and special Village Board meetings and meetings of other bodies as requested and provide guidance and legal advice on open meetings law and parliamentary procedure.

~= DAVIS. KUELTHAU Village of Rochester-Village legal Counsel Proposal Page I 5 • Counsel and ongoing projects: Our attorneys have experience in representing Villages in intergovernmental projects and will be able to represent advise the Village Board, Officers and Commissions in all such matters.

• Drafting or reviewing municipal ordinances and resolutions: As counsel for many municipalities, we have significant experience in advising on and drafting municipal ordinances and resolutions for the day-to-day function of governmental units including recommendations for Village Code updates. We have drafted municipal codes in all areas regarding village policies, notices, open records, leases, deeds, permits, telecommunications, assessment policies, bid policies and many other legal provisions dealing with all subjects from enforcement objectives to internal operations.

At the direction of Chris Jaekels, other Davis 1 Kuelthau attorneys would be integrated into projects when needed in the interest of delegating work based on the skills and experience required for the most successful, cost-effective completion of each project. We assign work carefully using two criteria: who is best qualified to perform the work, and who can complete the assignment most expeditiously. There are many assignments that can be successfully completed by a paralegal at rates significantly lower than an attorney. There are often times when an experienced shareholder can complete an assignment more quickly than a less experienced associate, again at significant savings to the client. No matter who is deemed best suited for the project at hand, D I K acknowledges and respects the Villages' interest in knowing and reviewing all proposed servicing personnel in advance.

Seamless Transitioning

Our Municipal Law team is deeply familiar with the laws, rules, regulations and operating procedures relative to the Village of Rochester and, in turn, we stand ready to efficiently and effectively assume responsibility for the Villages' legal needs. To familiarize ourselves with the Villages' specific needs and objectives, we propose a on boarding discussion where Chris Jaekels would meet with the Village Board to identify principal issues and concerns currently facing the Village. This process will enable Mr. Jaekels to thoroughly align the resources of our firm and to communicate the most effective way for the Village Staff to access those resources. Mr. Jaekels will follow up with a phone conference with the Village Clerk and any other official designated by the Board to prioritize the Villages' concerns and frame out a method and schedule for addressing each.

As a multidisciplinary firm, we also have attorneys who specialize in fields that are often helpful to municipalities (such as financing and litigation). Our firm can provide backup and will have available specialty expertise that is beneficial to our municipal clients.

Our firm also employs a full time librarian who, among other things, is charged with the duty of keeping our attorneys up to date on the most current legal developments. Our librarian keeps us up to date on legal notice services as well as maintaining special notice requests on pending court matters of interest to our attorneys. Consequently we are up to date and informed on current legal developments and can pass that information off to our clients on an expedient basis.

As a midsized firm, Davis 1 Kuelthau offers all of the benefits of a large firm, yet is small enough to provide the personal service and cost effectiveness that clients deserve. All of our offices are inter connected via the latest technology, enabling any attorney to access any document, reach another attorney quickly, and send documents securely, without the added cost to clients of long-distance calls.

Our in-house client services department schedules client educational and training seminars at sites around Wisconsin. Our most popular program is a complimentary seminar series we call "Breakfast Briefings." We also publish occasional complimentary legal news updates and alerts for municipal clients _,~ DAVIS: KUELTHAU ; ~It'"' 11nys .lt 'aw Village of Rochester-Village Legal Counsel Proposal Page I 6 so that our clients are informed and well-equipped to take proactive measures to avoid liability. We want our clients to be educated consumers and provide these training and learning opportunities so that client questions are answered simply yet practically, thereby preventing a small concern from becoming a legal crisis.

Should other needs arise that are not specifically mentioned in this proposal, the Village of Rochester will have access to all of the attorneys within our offices. Our firm is staffed with skilled, experienced attorneys familiar with every area of law likely to affect the Village, and we are confident that we will be able to address your legal needs proactively and as they arise. D.) Professional References 1. Michael C. Harrigan 4. Jeffrey A. Flaws Ehlers & Associates, Inc., Executive Vice Village of Wales, President President/Director (262) 563-5104 (262) 796-6165 [email protected] [email protected] s. Rob Henken 2. Andy Pederson Wisconsin Policy Forum, President Village of Bayside, Village Manager (414) 276-8240 (414) 351-8818 [email protected] [email protected] 6. Brian R. Wanasek 3. Paul Boening Wanasek, Scholze, Ludwig & Ekes, S.C. Village of Whitefish Bay, Village Manager Attorney (414) 755-6516 (262) 736-8185 [email protected] [email protected]

E.) Representative Current and Prior Public Sector Clients Served by D I K

Davis I Kuelthau has a long history of representing a variety of public sector entities across Wisconsin. Given the depth of our municipal practice, we have not included our entire client list as it would be quite extensive. However, should the Village of Rochester prefer to review the complete depth of our practice, we would be more than happy to accommodate your interest by providing the entire list.

Our current and prior municipal clients include:

• Counties: Adams, Brown, Calumet, Chippewa, Columbia, Dodge, Fond Du Lac, Green Lake, Iowa, Jefferson, Kenosha, Marquette, Outagamie, Portage, Racine, Shawano, Sheboygan, Walworth, Washington, Waukesha, Waupaca, Waushara, and Winnebago.

• Cities: Appleton, Barron, Beloit, Berlin, Brillion, Brookfield, Cedarburg, Chilton, Clintonville, Delavan, Delafield, De Pere, Eau Claire, Elkhorn, Fond DuLac, Fort Atkinson, Franklin, Glendale, Green Bay, Green Lake, Greenfield, Hartford, Janesville, Jefferson, Joliet (IL), Kaukauna, Kenosha, Kiel, Lacrosse, Lake Geneva, Lake Mills, Lancaster, Manawa, Marion, Markesan, Marshfield, Menasha, Mequon, Milwaukee, Montello, Neenah, New Berlin, New Holstein, Niagara, Oak Creek, Oconto Falls, Oconto, Oshkosh, Peshtigo, Pewaukee, Port Washington, Princeton, Racine, Rhinelander, Ripon, Seymour, Shawano, Sheboygan, Sparta, St. Francis, South Milwaukee, Stoughton, Sturgeon Bay, Tomah, Two Rivers, Watertown, Waukesha, Waupun, Wautoma, Wauwatosa, and West Allis.

• Villages: Allouez, Ashwaubenon, Bayside, Bear Creek, Bellevue, Big Bend, Black Creek, Brown Deer, Butler, Cambria, Campbellsport, Combined Locks, Cross Plains, Denmark, Elm Grove, Eagle, East

~~ DAVIS'KUELTHAU -'lf'D' llHyS dl ia\'' Village of Rochester-Village Legal Counsel Proposal Page I 7 Troy, Ephraim, Fox Point, Fredonia, Grafton, Greendale, Gresham, Hales Corners, Hobart, Hortonville, Kewaskum, Kimberly, Kohler, Lac La Belle, Little Chute, McFarland, Menomonee Falls, Mukwonago, Nashotah, New Glarus, North Fond DuLac, Oconomowoc Lake, Pewaukee, Pleasant Prairie, Pulaski, Redgranite, Rio, River Hills, Saint Cloud, Shiocton, Shorewood, Slinger, Suamico, Sussex, Thiensville, Union Grove, Wales, Rochester, West Milwaukee, Whitefish Bay, Wild Rose, Winneconne and Wrightstown.

• Towns: Delafield, Grand Chute, Hartford, Ixonia, Jackson, Lisbon, Menasha, Mukwonago, Oconomowoc, Raymond, Springwater, Summit, and Vernon.

• School Districts: Appleton Area School District, Cooperative Educational Service Agency #6 (CESA 6), Crivitz School District, Franklin School District, Freedom School District, Gibraltar School District, Gillett School District, Green Bay Area Public School District, Indian Community School of Milwaukee, Kewaunee School District, Lakeshore Technical College, Luxemburg Casco School District, Marion School District, New Holstein School District, Oshkosh Area School District, Plymouth Joint School District, Reedsville School District, Sheboygan Area School District, Sturgeon Bay School District, Suring School District, Tri County Area School District, Union Grove Union High School District, Weyauwega - Fremont School District.

f.) Qualifications of Proposed Substitute or Backup Attorneys

Below are the representative team members who would be available to assist the Village of Rochester for its legal counsel needs as a substitute or backup for the Village in the rare event of the absence or unavailability of Attorney Chris Jaekels.

Brian C. Randall, Shareholder, Land Use & Zoning, Real Estate and Municipal Practices, Milwaukee, WI. With 19 years of experience, Brian represents top developers, businesses and property owners when navigating the government process. Brian's practice primarily focuses on land use and real estate matters for commercial, industrial and residential developments. Brian is experienced in zoning, entitlement, permitting, variances, historic preservation, and tax increment finance work for owners, developers and end users. He represents food and beverage clients and other businesses needing municipal licenses. Brian's experience includes managing lobbying and legislative matters on behalf of clients who will be affected by proposed municipal regulation. He also works with clients on targeted business enterprise issues including SBE/DBE/WBE/EBE certifications, and represents businesses submitting bids for governmental contracts and concessions. Brian has been recognized by Best Lawyers® in America, Wisconsin Super Lawyers® and as a 40 Under 40 honoree by the Milwaukee Business Journal. He is an active member of NAIOP, CARW and serves on both the Board of Directors for the Wauwatosa Chamber of Commerce and the Wauwatosa Board of Zoning Appeals. Brian would be Chris' second when providing services to the Village and would be the person contacted on a day-to-day basis if Chris is not available.

Todd Farris, Senior Attorney, Litigation Practice, Milwaukee, WI. Todd brings more than 30 years of experience in representing clients in both trials and appeals in state and federal courts in business disputes, insurance coverage and claims, environmental, construction, real estate and municipal law litigation and appeals. Beyond litigation, Todd has an active real estate practice representing developers and owners of residential, commercial and office projects in acquisitions and sales, condominium formation, entity organization and structure, financing, eminent domain issues, leasing, property tax disputes, TIF financing and zoning opinions. Todd would be involved in development issues that might affect the Village.

~~ DAVIS KUELTHAU Village of Rochester-Village Legal Counsel Proposal Page I 8 Cii.) D il<'s A11ailability to Ser11e Village of nochester

Attorney Chris Jaekels along with our proposed client service team is readily available to serve the Village of Rochester as its municipal counsel.

H.} Cost Proposal

Recognizing that we are in a period of difficult challenges for municipalities and other public bodies, we discount our normal rates anywhere from 5% to 35% for services provided to municipal clients.

In addition, we believe that open communication is key to a successful working relationship. We can estimate the time and associated costs for any project. Certainly, we understand that new developments or information sometimes warrant an adjustment in approach. With frequent and candid communication, we strive to minimize the disruption that such circumstances can cause to both the time line and the budget. As soon as we know of any potential changes to the time and cost framework, we will notify you immediately. Employment issues and any litigation would be billed at the firm's standard rates. Additionally, we recognize that the Village ofRochester may be accustomed to other rate structures, we are open to discussing a flat fee arrangement or other alternative fee options but recommend that we design such terms after discussing the Villages' needs and preferences in detail.

We also utilize all available technology to reduce costs where appropriate. For example, e-mail delivery of documents in certain circumstances can save on postal costs, non-urgent research can be conducted by library staff during "free" access periods thereby saving on research charges, and, as·mentioned above, utilizing the services of lower cost staff personnel for certain tasks can result in significant savings.

• General Municipal Law: $295/hour • In addition, we may employ the assistance of a paralegal at $150 per hour. • Specialty services such as labor & employment, municipal finance, litigation, utilities and real estate: $265 - $350/hour o Associate services would be billed at $250 o Shareholder services would be billed at $275+ depending on individual experience and the type of work

Christopher J. Jaekels, Shareholder, Primary

James M. Kalny, Labor & Green Bay, WI Shareholder Employment

Laurie E. Meyer, Labor & Labor & Employment Milwaukee, WI $265 Shareholder Employment Atto Todd Farris, Village Attorney Litigation, Municipal Milwaukee, WI Senior Attorney (Backup) Law, Real Estate Brian C. Randall, Village Attorney Municipal Law, Real Milwaukee, WI $295 Shareholder Land Use

~~ DAVIS KUELTHAU Village of Rochester-Village Legal Counsel Proposal Page I 9 Our hourly fees cover all billable services such as meeting attendance, travel time, preparation of documents, phone consultation (charged in increments of six minutes), representation at legal proceedings, and research. We do not charge additional fees for local calls, local faxes, or word processing. Long distance calls are charged at their actual cost, and photocopying is traditionally charged at $.16 per page unless otherwise agreed upon. Similarly, any on-line research charges are assessed at their actual cost. There are no additional charges for regular postage. Express delivery or courier service if requested would be charged at actual cost.

Legal fees are billed monthly. The normal billing period closes on the last day of the month, and statements will summarize in detail all professional services rendered and fees incurred. We will accommodate your needs regarding the specific format of the invoices you receive. Invoices are payable upon receipt unless other special arrangements are mutually agreed upon.

1.) Proposed Engagement Agreement

D 1 K's Engagement Agreement can be found on page 11 of our proposal.

* * * * * Conclusion

Thank you for providing us with an opportunity to respond to your request for proposal. We believe Davis I Kuelthau is the right fit to provide legal services to assist the Village of Rochester. We look forward to answering any questions you may have regarding our response.

If you have any questions, please contact Christopher Jaekels at 414.225.1409 or [email protected].

~~ DAVIS!KUELTHAU •·ll'!r•r;HI'f_q dt ;~W Village of Rochester-Village Legal Counsel Proposal Page 110 June 4, 2018

Mr. Betty Navy Village Clerk-Treasurer Village of Rochester 300 West Spring Street P.O. Box65 Rochester, WI 53167-0065

Re: Engagement for Legal Services

Dear Betty:

Thank you for selecting Davis & Kuelthau, s.c. ("the Firm") to represent and advise you. We are pleased to have the opportunity to be of service to the Village of Rochester. We look forward to working with you. The purpose of this letter is to confirm the terms and conditions of our relationship.

Identification of Client

The client you have asked us to represent is a municipality. It is important to understand that the Village is our client. The representation of the entity does not mean that we are representing any director, officer, official, member, owner, employee or representative unless the Firm has consulted with you concerning such representation (including material risks of such representation and alternatives), the Firm, you and such person have consented to such multiple representations, the Firm specifically agrees to do so, and a written agreement is signed by our Firm and that person. It also does not mean that we are representing any parent, subsidiary or affiliate of the entity without a written agreement. The Village CDA and any parking, water, sewer, or stormwater utility are included in this Agreement.

Scope of Engagement

You asked us to represent the Village of Rochester in connection with general municipal and litigation matters. You acknowledge that Davis & Kuelthau, s.c.'s representation does not entail an obligation to give advice concerning legal developments that do not pertain to these matters.

Phone 414.276.0200 Direct 414.225.1409 Fax 414.278.3609 11"1 E. Kilbourn Avenue, Suite '1400, Milwaukee, WI 53202 [email protected] 11 Ms. Betty Navy Village of Rochester June 4, 2018 Page 2

Staffing

Brian Randall and I will be primarily responsible for municipal law matters. We will assign other attorneys, paralegals or law clerks, when in our judgment, it is necessary and cost effective. From time to time, conferences and other proceedings may take place involving two or more of our personnel on your behalf. Although this approach might seem duplicative, we believe that in certain situations it can facilitate communication, improve the quality of the work and ultimately be more economical.

Communication ·and Cooperation

We will provide legal counsel and assistance to you in accordance with this agreement, keep you reasonably informed of progress and developments, and respond to your inquiries. You agree to fully and accurately disclose to us all facts that are relevant to the matter and to keep us apprised of new developments as they occur. You also will timely assist and in such other ways as may be required to provide timely and efficient representation. You authorize us to communicate by electronic means notwithstanding the inherent risk that such communications may be intercepted or unintentionally misdirected.

From time to time, we may express our opinions concerning various options and the results that might be anticipated. Such statements are an expression of opinion only. They must not be construed by you as a promise or guarantee of any particular result. We cannot guarantee or represent the outcome of any matter.

Fees and Costs

Our fees will be based on the amount of time spent by attorneys and paralegals on your matter. Each lawyer and paralegal has an hourly billing rate based on his or her experience and area of practice. Although we may from time to time estimate fees or costs going forward, these estimates are by their nature inexact and we do not warrant or agree to be bound by any such estimates. Our attorneys, paralegals and legal assistants will be charged at special current hourly rates which vary from $150.00 to $295.00. Our fees may be adjusted annually.

You agree that you will pay Davis & Kuelthau, s.c., all costs and disbursements made and incurred by us on your behalf. We will invoice you for actual expenses incurred, including, without limitation, the cost of consultants and/or experts, travel, filing fees, court reporters, computerized legal research, photocopying, imaging, document certification, courier and messenger services, and long distance telephone. We will not retain a consultant or expert witness without discussing their fees and scope of work with you. Consultant or expert witness invoices will be forwarded directly to you for payment.

12 Ms. Betty Navy Village of Rochester June 4, 2018 Page 3

General Provisions

Either party may terminate this relationship at any time. At termination we will be entitled to all unpaid fees, whether billed or not, and you will be entitled to your file in accordance with this agreement and the law.

Enclosed is an explanation of Davis & Kuelthau's status as a service corporation, the features of the Limited Liability Law under which it is organized, and applicable provisions of the Wisconsin Rules of Professional Conduct for Attorneys (as required by the Wisconsin Supreme Court). If you have any questions, please contact rile.

After our representation, we will maintain the confidentiality of information provided by you in accordance with applicable ethical rules except as required or permitted by any court order or other legal obligation. We will retain our own files pertaining to the matter, including material prepared by or for our internal use. We have internal policies that determine the retention periods for closed files. If you do not request return of this file material, we reserve the right to destroy it at the end of the defined retention period. Upon your request, we will provide such portions of these file materials to you as required by applicable rules of professional conduct or other legal requirements.

This agreement is effective upon signature by both parties and may be executed in counterparts and a copy of this agreement, including a copy transmitted by facsimile transmission, shall be treated for all purposes as an original.

We are pleased to have this opportunity to be of service.

Very truly yours,

Davis & Kuelthau, s.c.

Christopher J. Jaekels

CJJ:das

13 Ms. Betty Novy Village of Rochester June 4, 2018 Page 4

I have read, agree to, and understand the terms and conditions of this Agreement.

Betty Novy

Date:. ______

14 ~- DAVIS IKUELTHAU ! attorneys at law

Christopher J. Jaekels Shareholder

Chris chairs the firm's Corporate and Business Law Team at Davis & Kuelthau. He is experienced in real estate, land use, zoning, construction, corporate regulatory, and environmental law. Chris understands how to approach the goals and challenges of businesses and institutions in ways that overcome those challenges and meet those goals in a cost effective manner.

Chris also assists public (both municipal and utility) and private (both commercial and nonprofit) clients in all aspects of land regulation, real estate and corporate transactions, finance, governance, contracting, and infrastructure.

His significant work includes the following:

• Taking the lead in multi-million dollar remediation and redevelopment projects statewide. • Representing multiple municipal utilities including sewer utilities, storm water utilities, water utilities, and parking utilities in all matters of land use and environmental regulation • Negotiating construction contracts and development agreements worth several hundred million dollars for public T: 414.225.1409 and private developments F: 414.278.3609 • Representing municipalities on sewer issues, including a [email protected] coalition of municipalities before the state Supreme Court and Public Service Commission in a $100 million dispute 111 East Kilbourn Avenue, Suite 1400 over rates Milwaukee, WI 53202 • Representing the Milwaukee Metropolitan Sewerage District and the Neenah Menasha Joint Sewerage Commission Assistant: Dyer Salahadyn regarding environmental permitting and disputes T: 414.225.7519 Representative Clients Practice Areas • Schneider National • Construction Industry • Vulcan Materials Company • Corporate • Village of Bayside • Environmental Law • Village of Whitefish Bay • Village of Wales • Food and Beverage Industry • David Hobbs Honda • Franchising • Jimmy John's local franchisees • Municipal Law • Indian Community School of Milwaukee • Real Estate • Telecommunications/Public Utilities Notable Representations Practice Real Estate· Zoning • Chris represented the Indian Community School of Education Milwaukee on all aspects of its governmental approvals and • J.D., University of Wisconsin, 1986 real estate matters involving neighboring properties as well • B.A., University of St. Thomas, 1982 as on certain aspects of construction contracting for the

Brookfield I Green Bay I Milwaukee www.dkattorneys.com

15 development of a 200 plus acre campus with a total project value of nearly $40 million.

Refinancing and Debt Reconfiguration Chris completed a series of refinancing and debt reconfiguration totaling over $80 million transactions for Summit Place Office Park in West Allis, WI. This included a complex combination of New Markets Tax Credits, bank financing, and inter-creditor structures and agreements.

Civil Rights Chris negotiated the terms of a planned development district and federal court civil rights suit settlement on behalf of the Village of Whitefish Bay enabling the $42 million expansion of the Karl Jewish Community Center Campus in Whitefish Bay.

Franchising Chris has advised and represented the local franchisee for Jimmy John's Restaurants in the successful implementation of its business plan from the opening of the first store to their current multiple locations.

Environmental - Land Use Chris negotiated the first sale of off site stormwater credits in the Milwaukee Metropolitan Sewerage District (MMSD) Service Area.

He also negotiated the terms of the MMSD's Department of Natural Resources permit for the operation of its $2 billion deep tunnel system on behalf of the tunnels' designer.

Municipal Law Chris has appeared before the Wisconsin Supreme Court regarding multijurisdictional $100 million plus sewer disputes, open meetings/records, law application to municipal attorney client privilege, and the financing of municipal prosecution from one jurisdiction to another. Chris is also a Umpire for the Wisconsin Department of Natural Resources (Environmental Remediation).

Condemnation Chris has represented government entities private landowners and businesses in condemnation ranging from the Bayshore Town Center, Zoo Interchange, and Marquette Interchange projects to local road and utility relocation. Recognitions • Best Lawyers® in America - Milwaukee, Litigation - Municipal, and Municipal Law, Environmental Law • Best Lawyers® in America -"Lawyer of the Year"- Litigation -Municipal (2016) • Best Lawyers® in America- "Lawyer of the Year" Municipal Law (2013) • Wisconsin Super Lawyer, Super Lawyers Magazine - Environmental (1999-2016) • Listed as Top Rated Lawyer in Commercial Litigation, Construction Law and Energy, Environmental, & Natural Resources by American Lawyer (2013) • Listed as Top Rated Lawyer in Construction Law by The American Lawyer • Listed as Top Rated Lawyer in Energy, Environmental, & Natural Resources' by American Lawyer Media. • Martindale H ubbel AV ® Peer Review Rated

16 Community Involvement • Past President, River Revitalization Foundation, Inc. • VIllage Attorney, Villages of Whitefish Bay and Bayside • Past President, Rotary Club of Milwaukee, Heiliger Huegel Ski Club, Inc., Administrative and Local Government Law Section of State Bar, and Environmental Law Section of Milwaukee Bar • Board Member, Public Policy Forum and River Revitalization Foundation • Past Member, State Legislative Council Special Study Committee on Land Use • Consultant. Milwaukee Mayor's Blue Ribbon Panel on Sewers • Past Board Member, Environmental Section of the Marble Arch Society and Milwaukee Shakespeare

Professional Activities • State Bar of Wisconsin Environmental Law Section, Administrative and Local Government Law Section, Business Law Section. Public Contract Law Section, and Construction Law Section. • Wisconsin Association of Assessing Officers • Environmental Law Institute • International Municipal Lawyers Association • Wisconsin Green Building Alliance • FaB Wisconsin

Published Articles/Presentations • Ethical Issues Arising During Emergency Environmental Lawyering (State Bar of Wisconsin, Pewaukee, WI, September 2017) • Environmental Issues Under the New Administration (Association of Corporate Counsel, Elkhart Lake, WI, May 2017) • Ethics in the Negotiation of Environmental Issues in Real Estate Transactions (State Bar of Wisconsin, Pewaukee. WI, September 2015) • Ethical Issues Arising During Enforcement Action (State Bar of Wisconsin, Madison, WI, September 2016) • Municipal Strategies in Mining: Update (State Bar of Wisconsin, Wausau, WI, 2011) • "Mining Law Symposium," (State Bar of Wisconsin, Wausau, WI, August 2011, 2013) • "Hot Topics In Land use Law" (League of Wisconsin Municipalities, Green Lake, WI June 2008) • "Integrated Water Management and Infrastructure" (Commissioned by Milwaukee Mayor Tom Barrett and Milwaukee Water Department. April 2007)

..."''p "' .. 'J• 17 ~- DAVIS! KUELTHAU .. I attornGys at law Todd Farris Senior Attorney

Todd is both an experienced litigator and a practicing real estate and municipal law attorney.

Todd's has litigated real estate and commercial disputes, insurance coverage, claims and bad faith denials of coverage, environmental matters including municipal cost recovery proceedings under Section 292.35, construction defects and warranty claims, land use and licensing disputes with municipalities, FINRA securities (suitability of investments) and AAA arbitrations, receivership law, Indian Gaming Regulatory Act matters, noncompetition agreements, personal injury claims and toxic torts and appeals in state and federal court. Todd's real estate litigation practice includes nuisance, trespass and encroachment claims, commercial evictions and lease disputes, collections, title insurance claims, riparian rights, concealment and nondisclosure of defect claims (both plaintiff and defense), ownership disputes between unmarried couples and other ownership disputes, municipal zoning, building code and alcohol licensing matters, property tax appeals, eminent domain valuation litigation and T: 414.225.1487 regulatory takings, exactions and related constitutional claims. F: 414.278.3687 [email protected] In addition to his litigation practice, Todd represents developers and businesses in real estate in such matters as acquisitions, lease 111 E Kilbourn Avenue, Suite 1400 negotiation and drafting, forming ownership entities, creating Milwaukee, WI 53202 condominiums, obtaining municipal approvals, financing, including opinion letters as borrower's counsel, and municipal law matters, Assistant: Susan Frey including rezonings and planned developments, TIF financing, Phone: 414.225.7583 conditional uses, variances, zoning opinions, alcohol licensing and contracting and construction issues. Practice Areas Prior to starting his career in private practice, Todd served as a clerk o Litigation for the Presiding Judge Paul Gartzke of the Wisconsin Court of o Municipal Law Appeals, District IV in Madison. o Real Estate Notable Representations Education o J.D., Honors, cum laude, University o Todd's most recent trial was a jury trial in Waukesha County of Wisconsin Law School (1984) Circuit Court on behalf of a woman who purchased a o B.A., University of Wisconsin foreclosure home from Bank of America which unbeknownst Milwaukee (1980) to her had suffered severe water and mold damage. The jury ruled in favor of Todd's client and the trial court awarded her attorneys' fees and costs. The case was affirmed on appeal. Community lnvolvment Fricano V. Bank of America. 2016 WI app 11. o Pro Bono Counsel, Danceworks, Inc. o The lesson of the case for buyers is that if the price of a o Legal Advisor, ReStore Committee, property seems too good to be true, it probably is. The Milwaukee Habitat for Humanity lesson for sellers (and brokers who have their own disclosure o Former Board Member, Milwaukee duty) is that an "as-is" provision does not always work and Habitat for Humanity (2009-2013) that full disclosure of any significant latent defects is the best practice.

Brookfield I Green Bay I Milwaukee www.dkattorneys.com

18 ~- DAVIS i KUELTHAU ~attorneys at law

James M. Kalny Shareholder

Jim's experience as an in house City Attorney and as the City County Human Resources Director for Green Bay and Brown County has evolved into a practice concentrating in two areas: employment and municipal law.

Jim serves as Chair of the firm's Labor & Employment Team offering over 35 years of experience assisting clients in collective bargaining issues and employment law matters. Jim's background as an HR director gives him unique, practical insight in personnel issues from drafting policies to conducting investigations to reorganization studies and strategies. He has considerable experience successfully representing public and private sector employers in employment discrimination and wage matters.

In his municipal practice, Jim serves as general counsel to several towns, cities, counties and school districts. In addition, he advises municipalities, on an outside counsel basis, on a broad variety of T: 920.431.2223 Municipal Law issues including planning and redevelopment, public F: 920.431.2263 records and open meetings and zoning appeals matters, and serving [email protected] as an independent hearing officer and special prosecutor. He also advises private developers with zoning, permitting and negotiating 318 S. Washington Street, Suite 300 TIF development agreements. Green Bay, WI 54301 Representative Clients Assistant: Barbara Hermann • Developers T: 920.431.2244 • Municipalities • School Districts Practice Areas • Labor and Employment • Municipal Labor Counsel Notable Representations Organized and assembled HR department for Green Bay and • Municipal Law Brown County • School and Higher Education In 1996-2002, Jim organized and assembled County Human Resource Department of Green Bay and Brown County. He drafted Education all documents needed for the consolidation including the • J.D., Marquette University Law School intergovernmental agreements creating the department and oversight • B.A., Carthage College commission. He managed the department as its director for five years. During that time, he negotiated three rounds with 34 Professional Activities bargaining units, accomplishing the initiation of insurance contributions by all units, implemented a new classification and • H C Miller Board of Directors compensation study for the county; and, helped to consolidate the • Brown County Bar city and county dispatch departments into one department. • American Bar Association • Local Government and Administrative Redevelopment Counsel Law Section of Wisconsin Bar Jim represented the Villages of Suamico and Hobart as redevelopment counsel, drafting several development agreements including pay as you go TIF agreements including a reach back assessment procedure for certain improvements.

Brookfield I Green Bay I Milwaukee www.dkattorneys.com

19 Appeal of denial of permit for extraction site Jim has worked with a realty development company on the denial of a permit for a non-metalic mineral extraction site. Jim was retained after the Plan Committee denied the permit. The denial was appealed to the Board of Adjustment who remanded the matter.

Before the remand was heard, the development company was able to reapply and gained a unanimous approval of the application.

Community Involvement • Member, City of De Pere Planning Commission • Board Member, Jackie Nitschke Center, Inc. • Board Member, Committee Advisory Council, Golden House, Inc. • Board Member, Bay Area Humane Society, Inc. • President Elect, Rotary Club of Green Bay

20 C~ DAVIS j KUELTHAU !attorneys at law

Laurie E. Meyer Shareholder

As a member of Davis & Kuelthau's Labor and Employment practice group, Laurie combines her experience in human resources management with over 18 years of employment law practice to provide creative, strategic counsel and defense to employers of every size on a full range of employment issues. This depth of experience allows her to provide legal assistance to employers in ways that minimize risk and avoid litigation and support long-term business goals. Laurie takes a practical approach to solving employment problems for her clients and achieving their goals in a cost-effective way.

Laurie has handled litigation matters involving Title VII, the Americans with Disabilities Act, the Fair Labor Standards Act, the Age Discrimination in Employment Act, the Family and Medical Leave Act, the Occupational Safety and Health Act, the Wisconsin Fair Employment Act, as well as other federal, state, and local laws and ordinances. She has also handled several unreasonable refusal T: 414.225.1419 to rehire worker's compensation claims and unemployment F: 414.278.3619 compensation claims. [email protected] Laurie regularly advises her clients on how labor and employment 111 E. Kilbourn Avenue, Suite 1400 related legislation and regulation may affect their businesses and Milwaukee, WI, 53202 assists clients in developing compliant handbooks, policies and practices. She also guides her clients in difficult employment matters, Assistant: Alyse Pfeil from employee performance reviews, terminations, reductions-in T: 414.225.7520 force, wage-and-hour issues, and responding to discrimination and harassment complaints. Practice Areas • Appellate Practice Laurie frequently lectures and conducts in-house management and • Employment Litigation supervisor training for human resource organizations and companies of all sizes in the areas of medical leave management, social media • Food and Beverage Industry and electronic communication management, and illegal harassment. • Labor and Employment • Litigation Laurie is a member of the Defense Research Institute's (DRI) • School and Higher Education Employment and Labor Law Steering Committee, serves as its Publication Chair and chief editor of several of its publications. She is also a member of the State Bar of Wisconsin and the Society of Education Human Resources Management (SHRM). • B.A., Carroll College • J.D., Marquette University

Brookfield 1 Green Bay I Milwaukee www .d kattorneys .com

21 Professional Activities • Member, State Bar of Wisconsin • Member, Defense Research Institute o Co-Chair, Publications Sub-Committee o Co-Editor, annual For the Defense Labor and Employment Law issue o Member, Employment Law Steering Committee o Legislative Liaison, Wisconsin • Member, Wisconsin Defense Counsel • Member, Milwaukee Bar Association • Member and Former Chancellor, Barristers Club of Milwaukee • Claims and Litigation Management Alliance (CLM) • Member, FaB Wisconsin • Member, Waukesha County Business Alliance • Member, MMAC • Guest Lecturer, UW-Milwaukee Lubar School of Business' Employment Law Course (2015)

22 > '

~- DAVIS I" KUELTHAU attorneys at law

Brian C. Randall Shareholder

Top developers, businesses and property owners have long turned to Brian Randall for guidance when navigating the government process. In representing clients, Brian's approach is relationship driven and politically minded as much as it is legal.

Brian's land use and real estate experience for commercial, industrial and residential developments includes zoning, entitlement, permitting, occupancy, variances, historic preservation and Tax Increment Finance work for owners, developers and end users.

Representing businesses subject to municipal licensing, Brian works with food and beverage clients and other license holders on applications, license renewals, quasi-judicial hearings, and regulatory compliance. He guides clients through statutory and ordinance issues T: 414.225.1484 including strategies to address alcohol license quota restrictions. F: 414.278.3684 [email protected] Brian also works with clients affected by municipal ordinances and regulations, and those with targeted business enterprise issues 111 E Kilbourn Avenue, Suite 1400 including SBE/DBE/WBE/EBE certifications. He advises clients on Milwaukee, WI 53202 current laws and manages lobbying and legislative matters where proposed ordinance changes and new regulations will affect clients, Assistant: Linda Stieber and registers as a local lobbyist if needed. Phone: 414.225.7582 Brian's government law experience includes advising clients Practice Areas submitting bids for local government contracts and concessions. He • Food and Beverage Industry also handles campaign finance and election law issues for groups • Municipal Law and candidates. • Real Estate Notable Representations Education • Developers - commercial, industrial and residential (apartments and condominiums) • J.D., Marquette University Law School • Entertainment- restaurants, bars, bowling alley, art studio, movie theaters, casino, winery, brewery • B.A., University of Wisconsin • Automotive/Transportation - gas stations and convenience stores, freight terminal, used car dealership, car washes, Community Involvement automotive parts stores, shuttle vehicle company, private • Member, Wauwatosa Board of ambulance companies Zoning Appeals (Chair 2011-2017) • Retail - national retailers, supercenter retailers, regional • Board of Directors, Wauwatosa shopping mall, in-line and strip shopping destinations, Chamber of Commerce (Chair, regional grocery chain, nationwide used book store retailer, Government & Community payday/installment and title lenders, check cashier, pawn Relations Committee) shop • Board of Directors, Wisconsin • Regularly appear before both elected bodies and appointed Alumni Association- Milwaukee member bodies: Historic Preservation Commission, Plan Chapter (President, 2006-2007, Commission, Board of Zoning Appeals, Architectural/Design 2014-2015) Review Board, Board of Public Works, and Task Forces • Assist new-to-market clients, in some cases opening multiple • Former Member, Wauwatosa locations concurrently, and clients already in-market that are Redevelopment Authority (2002- expanding services. 2011) Brookfield I Green Bay I Milwaukee www.dkattorneys.cotn

23 Professional Activities • Member, Commercial Association of Realtors • Member, FaB Wisconsin • Member, International Council of Shopping Centers • Member, NAIOP • Member, Tavern League of Wisconsin • Member, Wisconsin Electronic Security Association

Recognitions • The Midwest Top Rated Lawyers (2018) • Best Lawyers® in America - Land Use and Zoning Law (2018), Food and Beverage Law (2018), Municipal Law (2018), Litigation- Land Use and Zoning (2013-2018) • Wisconsin Super Lawyers, Land Use/Zoning (2016-2017) • Best Lawyers® in America- Milwaukee, Land Use and Zoning "Lawyer of the Year" (2014)· • Wisconsin Super Lawyers, Rising Star, Land Use/Zoning (2007- 2010, 2012, 2014) • 40 Under 40 Award, Milwaukee Business Journal (2013) • Legal Leaders Top Rated Wisconsin Lawyer- Government Law, Real Estate Law and General Practice (2013) • Rated AV® PreeminentT" 5.0 out of 5.0 by Martindale Hubbell (2005-2018)

Published Articles/Presentations • Presenter, "Participating in the Land Use Planning Process" (2017 Continuing Legal Education seminar of HalfMoon Seminars) • Presenter, "Historic Preservation" (2017 Continuing Legal Education seminar of HalfMoon Seminars) • Presenter, "Current Issues in Land Use Law" (2015 Continuing Legal Education seminar of the State Bar of Wisconsin) • Presenter, "NIMBY- The Approval Process in Retail Development" (2015 Commercial Association of Realtors Wisconsin Retail Conference) • Presenter, "Shaken or Stirred: Alcohol Beverage Law in Wisconsin" (2012 Continuing Legal Education seminar of the State Bar of Wisconsin)

Legal Services Proposal: Rochester, WI Prepared By: Daniel M. Olson, J.D., M.A.P.P.A.

Rose, Olson & Roth: Select Municipal Legal Services 314 Madison Avenue Suite 5 Fort Atkinson, WI 53538 608-520-2440 [email protected]

Response to Request for Proposal for Village Attorney Legal Services: Village of Rochester, WI

Submitted: June 4, 2018

RFP RESPONSES

Legal name of attorney(s) or the firm and name of the individual proposed as Village Attorney:

Daniel M. Olson

Address, telephone number, fax number, and e-mail address(s):

314 Madison Avenue, Suite 5, Fort Atkinson, WI 53538 (608) 520-2440 [email protected]

Qualifications statement:

Mr. Olson, the Managing Attorney for Rose, Olson & Roth (“ROR”) and the Village Attorney designee of ROR for the Village of Rochester is one of the most experienced local government and municipal lawyers in Wisconsin. He has more than 25 years of fulltime legal experience in local government and more than 20 years of municipal legal experience. His background includes experience as an Assistant Corporation Counsel (fulltime) for Barron County, Wisconsin; as Assistant Corporation Counsel (fulltime) for Portage County, Wisconsin; as Assistant City Attorney/Municipal Prosecutor (fulltime) for the City of Green Bay, and; currently, as Assistant Legal Counsel for the League of Wisconsin Municipalities.

During the past 25 years, Mr. Olson has analyzed and answered thousands of local government and municipal law questions from annexation to zoning and everything in between.

Mr. Olson has advised municipal officials on a vast array of employment law issues and managed public employment law cases. He is qualified to practice Wisconsin public employment law and advise officials on such matters.

Mr. Olson has advised municipal officials on a wide variety of municipal development and redevelopment issues. He provided such advice and counsel to the City of Green Bay staff and officials numerous times during his time as an Assistant City Attorney and has assisted numerous communities across Wisconsin 3 on similar issues during his 17 years as Assistant legal Counsel with the League of Wisconsin Municipalities.

Mr. Olson’s knowledge of annexation law and other land use and planning law is unmatched in Wisconsin. He co-wrote the current edition of the League of Wisconsin Municipalities’ “Annexation of Territory” manual. He has written more than a dozen published articles on land use law issues.

Five professional references:

Mr. Jesse Wesolowski, Esq. Mr. Remzy Bitar, Esq. Mr. Edward Antaramian, Esq. Mr. James Kalny, Esq. Ms. Catherine Munkittrick, Esq.

A listing of all ongoing public sector and other major clients:

Rose, Olson & Roth is a newly formed enterprise and does not have any other public sector or municipal clients at this time. ROR plans to have no more than 3 municipal clients at any time in order to provide highly responsive, comprehensive and individualized municipal law services to its select municipal clients.

Name or names of attorney(s) proposed to act as substitute or backup legal representation for the Village in the event of the absence or unavailability of the designated Village Attorney:

Mr. Olson is a highly respected municipal attorney and has longstanding professional relationships with firms and practitioners who are highly skilled in municipal law and will enter into a formal working relationship with them when he is engaged by the Village of Rochester as its Village Attorney.

Current availability of designated Village Attorney:

Mr. Olson is immediately available to transition to status as the Village of Rochester Village Attorney within two weeks of his selection to that position.

COST PROPOSALS

Proposal 1: Hourly Contract Rate:

Village Attorney legal services at the flat rate of $75.00 per hour, which includes all administrative and support costs.

Proposal 2: Annual Contract Fee:

Up to two-hundred-fifty (250) hours of attorney services per year for an annual fee of $12,500, which includes all administrative and support costs. Additional hours to be billed at $75.00 per hour.

Letter of Engagement:

A letter of engagement will be provided for execution upon selection of one of the cost proposals.

Pruitt Timothy J. Pruitt Ekes Geary Elaine Sutton Ekes Christopher A. Geary Office Administrator: ~~ Eileen Zaffiro PRUITI; EKES & GEARY, S.C.

61 a Main Street, Suite 1 00, Racina, W! 53403 Phone: 262~456-1216 Facs!mllle: 262~456~2086 www.peglawfirm.com

June 4, 2018

Via Hand Delivery

Village Board Village of Rochester Attention: Betty Novy Village Clerk-Treasurer Village of Rochester 300 West Spring Street P.O. Box 65 Rochester, WI 53167-0065

RE: Proposal for Legal Services for the Village of Rochester

Dear Village Board members:

In response to the Village's request for proposals for legal services, the law firm of Pruitt, Ekes & Geary, S.C. is pleased to present you with the following proposal and information regarding our practice, which we hope you will find helpful. As requested, we are enclosing an original and seven copies.

If you have any questions, or if you would like additional information, please contact me. We look forward to meeting with you soon.

Sincerely,

PRUITT, EKES & GEARY, S.C.

CAG:emz Enclosure: Original & Seven Proposals ' ''

PRUITT, EKES & GEARY, S.C.

Submitted to:

Village of Rochester

Village Legal Counsel Proposal

Pruitt, Ekes & Geary, S.C. Primary Contact: Christopher A. Geary Email: [email protected] 610 Main Street, Suite 100 Racine, WI 53403 (262) 456-1216 Fax: (262) 456-2086

June 4, 2018

( ( Table of Contents

Contents: Page

I. Firm Background Information ...... 3

II. Knowledge and Experience with Wisconsin Municipal Law ...... 4

III. Professional References ...... 5

IV. Municipal Clients ...... 5

V. Proposed Fees ...... 7

VI. Engagement Agreement ...... 8

VII Fee Schedule ...... 8

2 ( Proposal

I. Firm Background Information

In January of 2011, our municipal team established Pruitt, Ekes & Geary, S.C., in order to focus o'ur firm's practice almost exclusively on matters affecting municipalities. Our firm has three lawyers with a combined total of 64 years of legal experience. All three lawyers have practiced together for over 16 years. Attorney Chris Geary would be the individual to act as Village Attorney, and he would be available to attend meetings on the second and fourth mondays of the month, as needed by the Village, along with special meetings scheduled that require his attendance. However, in his absence or unavailability, Attorney Pruitt and Attorney Ekes will be available to handle issues that arise.

(

The Municipal Team: Timothy J. Pruitt, Elaine Sutton Ekes and Christopher A. Geary

Timothy J. Pruitt

Mr. Pruitt graduated from Marquette University, cum laude, in 1982 and from Marquette University Law School in 1985. He has practiced municipal law since 1986.

Elaine Sutton Ekes

Ms. Ekes graduated from Ball State University in Muncie, Indiana in 1993 and from Marquette University Law School in 2000, and has concentrated her practice in municipal law since 2000.

3 ( Christopher A. Geary Mr. Geary graduated summa cum laude from Syracuse University, in Syracuse, New York, in 1995 and cum laude from the University of Minnesota Law School in 2001. He was admitted to the Wisconsin bar that same year. Mr.. Geary has concentrated his practice in municipal law since 2001. Mr. Geary will be the primary attorney assigned to provide legal services to the Village.

Our attorneys are accessible via email, office phone and cell phone. We work closely with our Office Administrator, Eileen Zaffiro, to ensure our accessibility to provide services to our clients.

II. Knowledge of and Experience with Wisconsin Municipal Law

Our municipal team provides a wide variety of services to the municipalities we represent in all areas of municipal law, including eminent domain, land development, redevelopment, development agreements, legislative drafting, municipal contracts, impact fees, real estate law, zoning, planning and land use, public bidding, tax incremental financing (TIF/TID; incentives), I \ ordinance enforcement, ordinance prosecutions, police & fire commissions, board of review, zoning board of appeals, sex offender residency ordinances and exemption boards, conservation and subdivision development, sewer and water utilities, storm water districts and employment law. We consider our experience as a real asset to our clients. Our experience can reduce the cost to address various legal matters.

All three attorneys are members in good standing with the State Bar of Wisconsin, and have never been disciplined by the Office of Lawyer Regulation.

We routinely work in the areas identified in the scope of services and pride ourselves on our accessibility and quick turnaround. We are very familiar handing administrative matters before commissions and committees. We do not routinely handle litigated matters because the insurance companies typically will appoint their own attorneys to represent the Village in such matters. We also normally partner with outside counsel on labor law issues or matters involving complex litigation.

4 ( III. Professional References

Town of Norway Contact: Thomas Kramer, Town Administrator (262) 895-4684 Length of Service: Since 1986

Baxter Woodman Contact: John Tierney, Municipal Services Engineer Cell: (262) 492-4043 Office: (815) 444-3357

Village of Union Grove Contact: Mark Janiuk, Village Administrator (former Administrator - Villages of Caledonia and Sturtevant) (262) 878-1818; ext. 203

Town of Paris Contacts: John Holloway, Chairman - Plan Commission Cell: (262) 914-5407 Virgil Gentz, Town Chairman (262) 859-3006

Village of Twin Lakes Contact: Jennifer Frederick, Village Administrator (262) 877-2858

IV. Municipal Clients

Village of Caledonia Contact: Thomas Christensen, Village Administrator (262) 835-6404 Length of Service: Since 1986

Village of East Troy Contact: Eileen Suhm, Village Clerk/Administrator (262-684-5482) Length of Service: Since October of 2017

Village of Elmwood Park Contact: Kathy Wells, Village President (262) 939-7299 ( Length of Service: Since October of 2012

5 Village of North Bay ( Contact: Roger Mell,em, Village President (262) 681-1176 Length of Service: Since October of 2010

Village of Sturtevant Contact: Mary Cole, Village Administrator (262) 886-7201

Village of Twin Lakes (listed as a reference above) Contact: Jennifer Frederick, Village Administrator (262) 877-2858 Length of Service: Since December of 2013

Village of Union Grove Contact: Michael Aimone, Village President (262) 995-3069; and/or Mark Janiuk, Village Administrator (262) 878-1818 Length of Service: March of 2006

Village of Yorkville Contact: Peter Hansen, Village President ( (262) 939-1513 Length of Service: Since 1986

Town of Norway (listed as a reference above) Contact: Thomas Kramer, Town Administrator (262) 895-4684 Length of Service: Since 1986

Town of Paris (listed as a reference above) Contact: Virgil Gentz, Town Chairman (262) 859-3006 Length of Service: Since February of 2011

Norway Sanitary District Contact: P.J. Nolan, District Manager (262) 895-2400 Length of Service: Since 1986

Western Racine County Sewerage District Contact: Lynn Tamblyn, District President (262) 534-9655 Length of Service: Since 1986

(

6 ( Yorkville Sewer, Water and Storm Water Utility Districts Contact: Gary Hanson, District Manager Length of Service: Since 1986

Union Grove - Yorkville Fire Commission Contact: Michael Aimone, Village President (262) 995-3069; and/or Mark Janiuk, Village Administrator- (listed as a reference above) (262) 878-1818

Community Development Authority of the Village of Sturtevant Contact: Mary Cole - Village Administrator/Clerk/Treasurer (262) 886-7201 Length of Service: Since 1986

Community Development Authority of the Village of Union Grove Contact: Michael Aimone, Village President (262) 99S-3069 Length of Service: March of 2006

V. Proposed Fees

! As of January 1, 2018, our firm charges $160.00 per hour to our regular municipal clients. Travel time is billed at the same hourly rate.

We charge on an hourly basis, but occasionally will take on projects for a flat fee. For example, we recently provided services for a zoning code overhaul and land division code re-write for a flat fee. In our experience each community is unique, and we are willing to discuss the possibility of utilizing a flat fee or combination of flat fee/hourly fee billing arrangement.

We do not charge back the cost of postage and photocopying. Occasionally, upon request of a client, we have assembled an unusually large amount of documents or ordinances into binders and have charged back the actual costs for paper and binders to that client. If we incur hard costs for expenses such as letter reports from a title company, copies of court or register of deeds records, or process service charges, those charges will be billed to the client on a monthly basis as a hard cost incurred on behalf of the client. We do charge out the IRS-approved mileage rate.

7 ( VI. Engagement Agreement

See attached Proposed Engagement Agreement

VII. Fee Schedule

Hour Rates:

Attorney's Hourly Rate: $160.00 Per Hour

Staff Hourly Rate: (Special Projects Only) $ 60.00 Per Hour

I \

(

8 Pruitt Timothy J. Pruitt ( Ekes Geary Elaine Sutton Ekes Christopher A. Geary Office Administrator: Jl~ Eileen Zafliro PIUJI1T, EKES&. GEARY, S.C.

610 Main Street, Suite 100, Racine, Wl53403 Phone: 262~456~1216 Facs!mille: 262-456w2086 www,pag!awfirm.com

PROPOSEDENGAGEMENTAGREEMENT

June 4, 2018

Village Board Village of Rochester Attention: Betty Navy Village Clerk-Treasurer Village of Rochester 300 West Spring Street P.O. Box 65 Rochester, WI 53167-0065

This letter will confirm that our firm has been retained to provide legal services to the Village of Rochester. We anticipate that our relationship will be a pleasant one, and we expect that you will be fully satisfied with our performance. We are committed to providing the best quality legal services as we strive to achieve your desired result.

Fees and Expenses

The amount of our legal fees shall be determined by the time expended to perform these legal services. Our current hourly municipal rate is $160.00 per hour. Time is rounded up to the nearest one-tenth of an hour. Travel time is billed at the same hourly rate. Mileage will be charged at the current IRS deductible expense rate. The Village will also be charged for expenses incurred by us on behalf of the Village of Rochester at cost. Document copies for larger projects will be charged at the rate of $.10 per page. The Village of Rochester will be billed on a monthly basis for services rendered in the prior month. At the end of each calendar year, our hourly rates may be increased to offset increased costs of operation (we look to various factors in determining hourly rates, including the percentage increase in the consumer price index for that year, if any). Village Board ( Village of Rochester June 4, 2018 Page 2

Conflicts

We have performed a conflict check and determined that there are no conflicts of interest with present or former clients that prevent us from representing the Village. We expect that if you become aware of any potential conflicts of interest, you will advise us immediately, and we will do the same. We will then take prompt and appropriate action to address the conflict.

Communications

We will keep you informed of our progress in the various matters and will make every effort to respond to you as promptly as possible. Our representation is limited to those matters that you bring to our attention. We urge you to notify us immediately if, at any time and for any reason, our professional services do not fulfill your expectations. Additionally, in ( order to adequately represent you, it is essential that you keep us informed of developments related to our representation.

During the course of representation, we may express opinions or beliefs concerning the matter and the results that might be anticipated. However, you acknowledge that we cannot promise or guarantee results and any such statement made by us is an expression of opinion only.

Termination of Representation

You may discharge us as your attorneys at any time by written notice. On termination, all fees and costs incurred prior to termination shall be paid promptly. We will deliver to you original documents entrusted to us and any documents that you have paid for that. have not previously been delivered to you. You may obtain copies of any additional documents in our files on request and on payment of photocopying charges.

Dispute Resolution

We believe that most disagreements can be resolved to mutual satisfaction in a friendly, non-threatening environment. While we do not ( expect there to be any problems whatsoever with our relationship, disagreements can occur. Village Board ( Village of Rochester June 4, 2018 Page 3

In the event that there is any dispute concerning fees, costs, expenses, disbursements, or in the event of non-payment, the parties agree that such dispute will be brought to conclusion by mandatory and binding arbitration administered by the State Bar of Wisconsin pursuant to its Rules of Resolution of Fee Disputes. Either party may enter judgment on such an arbitration award for enforcement by any court of competent jurisdiction pursuant to Chapter 788, Wis. Stats. Either party may serve notice of its intent to arbitrate on the other by regular mail. The arbitrator's fees and costs shall be borne equally by the parties, and the arbitrator shall have the right to award costs to the prevailing party. This agreement shall be governed by the laws of the State of Wisconsin.

Thank you again for the opportunity to provide legal representation to the Village. We look forward to our working arrangement. ( Sincerely,

PRUITT, EKES & GEARY, S.C.

Christopher A. Geary [email protected]

CAG:emz

AGREED AND ACCEPTED this __ day of June, 2018.

VILLLAGE OF ROCHESTER

By:. ______Edward Chart, Village President

Attest: ______Betty Navy, Village Clerk-Treasurer

Draft 5-31-18

ORDINANCE NO. 2018-5 Amending the Municipal Code of the Village of Rochester to Incorporate Statutory Changes to the Building Code, Land Division, and Planning and Zoning Chapters, and to Update the Provisions for Temporary Use Permits

The Village Board of the Village of Rochester, Racine County, Wisconsin, do ordain as follows:

I. That Chapter 11, Building, Plumbing, Electrical And Mechanical Code, Section 11-20, Scope of Uniform Dwelling Code Expanded, subsection E, Construction Sites, is hereby amended as follows:

11-20.E.2. Noise from Remodeling, Repair, Construction, Excavation or Demolition. It is unlawful and shall be considered a nuisance for any person to engage in the construction, including excavation and demolition, alteration, remodeling or repair of any building or structure; the construction of any roadway or other public improvements; or the operation or startup of any pile driver, power shovel, backhoe, bulldozer, pneumatic hammer, derrick, steam or electric hoist, or other construction machinery, the noise of which can be heard beyond the property lines, or the vibration of which can be felt beyond the property lines, other than between the hours of seven a.m. and seven p.m., Monday through Friday, or between the hours of eight a.m. and five p.m. on Saturdays without the approval of the Village board. No such work is permitted on Sundays and the following national holidays: Christmas, New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day. a. This subsection:

(1) does not prohibit a private person from working on the jobsite of a commercial or residential real estate development construction project on a Saturday.

(2) does not apply to a private person who works on a commercial or residential real estate development construction project on a Saturday if the person works between the hours of seven a.m. and seven p.m.

(3) does not preclude individual homeowners from doing work on buildings and structures located on the property on which they reside during daylight hours. b. In the case of urgent necessity in the interest of public health and safety, the chairperson of the Village Public Works Committee or Village President can give written approval for such work. Such approval may be granted for a period not to exceed three days or less while the emergency continues and which may be renewed for periods of three days or less while the emergency continues. If the chairperson of the Public Works Committee or Village President should determine that the public health and safety will not be impaired by the erection, demolition, alteration or repair of any building, or the excavation of streets and highways within the hours of six p.m. and seven a.m., and if he shall further determine that loss or inconvenience would result to any party in interest, he may grant permission for such work to be done within the hours of seven p.m. and seven a.m., upon application being made at the time the permit for the work is awarded or during the progress of the work

II. That Chapter 30, Land Division, Section 30-12, Improvements, Introduction, is hereby amended as follows:

30-12. IMPROVEMENTS. Before final approval of any final plat located within the jurisdiction limits of this Chapter, the subdivider shall install street, utility and other public improvements as hereinafter provided. If such improvements are not installed as required at the time that the final plat is submitted for approval, the subdivider shall, before the recording of the plat, enter into a contract with the Village agreeing to install the required improvements and shall file with said contract a bond or letter of credit meeting the approval of the Village Attorney in an amount equal to 120 percent of the estimated cost of the improvements -- said estimate to be made pursuant to the procedures in Wis. Stat. s. 236.13(2) -- as a guarantee that such improvements will be completed by the subdivider or the subdivider’s

contractors or subcontractors not later than two years from the date of recording of the plat and as a further guarantee that all obligations to subcontractors for work on the development are satisfied. In addition:

III. That Chapter 30, Land Division, Section 30-101, General, Sections A and D, are hereby amended as follows:

30-101.A. An opinion of probable cost of all public improvements, including those defined in Wis. Stat. s. 236.13 and prepared pursuant to the procedures set forth in that statute..

30-101.D. Bond or Letter of Credit in a form approved by the Village in the amount of 120 percent of the probable cost of the installation of the public improvements in the first phase of the project with good and sufficient surety thereon, to be approved by the Village Board, conditioned upon the installation of the required improvements within two years of the approval of the final plat, or within a time specified by the Village Board. A new bond or letter of credit shall be provided prior to the commencement of each subsequent phase of the project.

IV. That Chapter 30, Land Division, Section 30-102, Reduction of Surety, is hereby amended as follows:

30-102.A.2. The 20 percent contingency shall be held as retainage and shall not be released until substantial completion of the public improvements. Substantial completion is defined as the time the binder course (the asphalt or concrete non-surface-level course that is attached to the packed-level gravel course) is installed on roads to be dedicated, or, if there is no road to be dedicated, at the time that 90 percent of the public improvements by cost are completed. Upon substantial completion, the amount of the surety shall be reduced to the amount to complete any uncompleted public improvements plus 10 percent of the total cost of the completed public improvements, which shall remain in place for at least 14 months after the date of substantial completion. The public improvements shall be completed in their entirety no later than 12 months after substantial completion and tendered to the Village for acceptance. Upon acceptance of the project and receipt of the five percent maintenance bond as specified in section 30-92, the original surety shall be released. If the work has not been completed in its entirety 12 months after substantial completion, the Village may declare the Developer to be in default of the Development Agreement and use the surety for completion of the public improvements.

V. That Chapter 35, Planning and Zoning, Section 35-21, Use Restrictions, subsection G., Temporary Uses of Land and Temporary Structures, subsections 10.b. (Introduction) and 19.e. are hereby amended as follows:

35-21.G.10.b. Temporary Outdoor Sales. This land use includes the display of any items outside of the confines of a building that is not otherwise permitted as a permitted or conditional use, or as part of an event utilizing the public right-of-way that is authorized by the Village Board. Examples of this land use include, but are not limited to, seasonal garden shops, tent sales, Christmas tree sales, farmers markets, flea markets, and food stands. Temporary outdoor sales shall adhere to the following regulations:

35-21.G.10.e. Outdoor concerts and events.

[1] Except as set forth in subsection [2], outdoor concerts and events, including weddings and other celebrations, shall be subject to the conditions imposed by the Plan Commission as necessary for the specific duration and attendance expected at the event.

[2] Private weddings and other private celebrations held on private property used in whole or in part for residential purposes are exempt from the Temporary Use Permit requirements if all amplified music ends by 10:00 p.m. A Temporary Use Permit is required if there will be amplified music after 10:00 p.m.

VI. That Chapter 35, Planning and Zoning, Section 35-100, Conditional Uses, subsection C., Review and Approval, subsection 3, is hereby amended as follows:

35-100.C.3. The Plan Commission shall hold a public hearing, giving a Class 2 notice therefor as set forth in s. 35-240, and shall make its recommendation to approve or deny the Conditional Use Permit to the Village Board. The Village Board shall approve the conditional use permit and the conditions to be applied thereto, or shall deny the permit as set forth in Wis. Stat. s. 62.23(7)(de), as follows:

a. If an applicant for a conditional use permit meets or agrees to meet all of the requirements and conditions specified in the Code or those imposed by the Plan Commission or the Village Board, the Village shall grant the conditional use permit. Any condition imposed must be related to the purpose of the Code and be based on substantial evidence.

b. The requirements and conditions described under subsection a. must be reasonable and, to the extent practicable, measurable and may include conditions such as the permit’s duration, transfer, or renewal. The applicant must demonstrate that the application and all requirements and conditions established by the Village relating to the conditional use are or shall be satisfied, both of which must be supported by substantial evidence. The Village’s decision to approve or deny the permit must be supported by substantial evidence, i.e., facts and information, other than merely personal preferences or speculation, directly pertaining to the requirements and conditions an applicant must meet to obtain a conditional use permit and that reasonable persons would accept in support of a conclusion.

c. Once granted, a conditional use permit shall remain in effect as long as the conditions upon which the permit was issued are followed, but the Village may impose conditions such as the permit’s duration, transfer, or renewal, in addition to any other conditions specified in the Code or by the Plan Commission or Village Board.

d. If a person’s conditional use permit application is denied, the person may appeal the decision to the circuit court under the procedures contained in Wis. Stat. s. 62.23(7)(e) 10.

VII. That Chapter 35, Planning and Zoning, Section 35-210, Zoning Board of Appeals, subsection D, Powers, is hereby amended as follows:

35-210.D. Powers.

1. The Zoning Board of Appeals shall have the powers set forth in Wis. Stat. s. 62.23(7)(e) and all other powers provided by statute and Village Code, including but not limited to the following powers:

a. Errors. To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the Zoning Administrator in the enforcement of Wis. Stat. s. 62.23(7) or any ordinance adopted pursuant thereto.

b. Variances. To hear and decide appeals for variances as will not be contrary to thepublic interest, where, owing to special conditions, a literal enforcement will result in practical difficulty or unnecessary hardship, so that the spirit and purposes of this Code shall be observed and the public safety, welfare, and justice secured and substantial justice done. The Zoning Board of Appeals may authorize upon appeal variances where special conditions, such as terrain cover or nearby existing or potential land or water uses prevent applicant from meeting the provisions of this Chapter.

(1) In this section, “area variance” means a modification to a dimensional, physical, or locational requirement such as a setback, frontage, height, bulk, or density restriction for a structure that is granted by the Zoning Board of

Appeals under this Section. In this section, “use variance” means an authorization by the Zoning Board of Appeals for the use of land for a purpose that is otherwise not allowed or is prohibited by the applicable zoning ordinance.

(2) A property owner bears the burden of proving “unnecessary hardship,” as that term is used in this section, for an area variance, by demonstrating that strict compliance with a Zoning provisions would unreasonably prevent the property owner from using the property owner’s property for a permitted purpose or would render conformity with the zoning ordinance unnecessarily burdensome or, for a use variance, by demonstrating that strict compliance with a zoning ordinance would leave the property owner with no reasonable use of the property in the absence of a variance. In all circumstances, a property owner bears the burden of proving that the unnecessary hardship is based on conditions unique to the property, rather than considerations personal to the property owner, and that the unnecessary hardship was not created by the property owner.

(3) A variance granted under this Section shall expire one year after the date it was granted, or on a date specified by the Zoning Board of Appeals, if the action authorized by the variance has not been commenced. What constitutes commencement shall be specified by the Zoning Board of Appeals. If the Zoning Board of Appeals does not specify an expiration date for the variance, a variance granted under this section does not expire unless, at the time it is granted, the Zoning Board of Appeals specifies in the variance a specific date by which the action authorized by the variance must be commenced or completed.

(4) A variance granted under this Section runs with the land. c. Interpretations and Boundary Lines. To hear and decide applications for interpretations of the zoning regulations and the boundaries of the zoning districts after the Village Plan Commission has made a review and recommendation. d. Unclassified Uses and Special Exceptions. After the Plan Commission has made a review and recommendation, to hear and decide applications for unclassified and unspecified uses provided that such uses are similar in character to the principal uses permitted in the district, and to hear and decide applications for special exceptions provided that the waiver of the zoning regulations are justified under the circumstances. When making a decision on unclassified uses or special exceptions, the following provisions apply:

(1) If an applicant meets or agrees to meet all of the requirements and conditions specified in the Code or those imposed by the Plan Commission or the Village Board, the ZBA shall grant the application. Any condition imposed must be related to the purpose of the Code and be based on substantial evidence.

(2) The requirements and conditions described under subsection a. must be reasonable and, to the extent practicable, measurable and may include conditions such as the approval’s duration, transfer, or renewal. The applicant must demonstrate that the application and all requirements and conditions established by the Village relating to the application are or shall be satisfied, both of which must be supported by substantial evidence. The ZBA’s decision to approve or deny the application must be supported by substantial evidence, i.e., facts and information, other than merely personal preferences or speculation, directly pertaining to the requirements and conditions an applicant must meet to obtain approval and that reasonable persons would accept in support of a conclusion.

(3) Once granted, the approval shall remain in effect as long as the conditions upon which the approval was issued are followed, but the Village may impose conditions such as the approval’s duration, transfer, or renewal, in addition to any other conditions specified in the Code or by the Plan Commission.

e. Temporary Uses. To hear and decide appeals of denied applications for temporary use permits provided that such uses are of a temporary nature, do not involve the erection of a substantial structure, and are compatible with the neighboring uses, and the Village Plan Commission has made a review and denied that application. The permit shall be temporary, revocable, subject to any conditions required by the Zoning Board of Appeals, and shall be issued for a period not to exceed twelve months. Compliance with all other provisions of this Chapter shall be required.

f. Permits. In exercising the above mentioned powers such board may, in conformity with the provisions of such section, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from, and may make such order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the officer from whom the appeal is taken, and may issue or direct the issue of a permit.

g. Other Appeals, Variances, Boundary Disputes, etc. See the applicable chapter.

2. Assistance. The Board may request assistance from other Village officers, departments, commissions, and boards.

3. Oaths. The Chair may administer oaths and compel the attendance of witnesses.

VIII. That Chapter 35, Planning and Zoning, Section 35-210, Nonconforming Uses, Structures, Properties and Fixtures, Subsection B., Nonconforming Structures, and Subsection C, Existing Nonconforming (Substandard) Properties, are hereby amended as follows:

35-210B. Nonconforming Structures.

1. Definitions. In this chapter:

“Development Regulations” means the part of this Planning and Zoning Code that applies to elements including setbacks, height, lot area, lot width, lot coverage, yards, parking, loading, access, etc.

“Nonconforming Structure” means a dwelling or other building that existed lawfully before the current Planning and Zoning Code was enacted or amended, but that does not conform with one or more of the development regulations in the current Code.

2. Repair, rebuilding and maintenance of a nonconforming structure. Pursuant to Wis. Stat. s. 62.23(7)(h), the repair, maintenance, renovation, or remodeling of a nonconforming structure may proceed without regard to the cost of the work.

3. A nonconforming structure may not be extended, enlarged, reconstructed, moved, structurally altered or expanded except when:

a. Such extension, enlargement, reconstruction, etc. is required by law or so as to comply with the provisions of this Chapter; or

b. The change does not result in an increase to the nonconforming nature of the structure. No such change may increase the parking requirements for the use unless the on-site parking requirements of this Chapter are met.

4. Restoration or Replacement of Certain Nonconforming Structures. Pursuant to Wis. Stat. s. 62.23(7)(hc), a nonconforming structure that is damaged beyond repair or destroyed may only be reconstructed in conformance with the provisions of this chapter, except that such a structure may be restored or replaced to the size, location and use that it had immediately before the damage or destruction occurred as follows:

a. The damage or destruction occurred on or after March 2, 2006; and

b. The damage or destruction was caused by violent wind, vandalism, fire, flood, ice, snow, mold, or infestation.

c. If the requirements of a. and b. are met, the size of the structure may be larger than the size it was immediately before the damage or destruction occurred if necessary for the structure to comply with applicable state, federal and Village requirements.

C. Existing Nonconforming (Substandard) Properties.

1. Definition. ”Substandard lot” means a legally created lot or parcel that met any applicable lot size requirements when it was created, but does not meet current lot size requirements.

2. A substandard lot may be conveyed and may be used as a single building site provided that the use is permitted in the district and the following conditions are met::

a. The substandard lot or parcel has never been developed with one or more of its structures placed partly upon an adjacent lot or parcel. b. The substandard lot or parcel is developed to comply with all other ordinances of the Village, including the provisions for private sewerage systems required in Chapter 10 of this Code. 3. Construction on any substandard lot shall comply as nearly as possible with all relevant district and shoreland requirements insofar as is practicable, as determined by the relevant provisions of this Chapter, and with the following guidelines:

Lot Width Minimum 30 ft.

Area Minimum 4,000 sq. ft. Building Height Maximum 30 ft. Yard Street Minimum 25 ft., the second street yard on corner lot shall not be less than 10 (Setbacks) feet

Side 16 percent of the lot width, but not less than 5 Feet nor greater than the zoning district side yard setback requirement for a standard lot Rear Minimum 25 ft.

4. A person may, but shall not be required, to combine a substandard lot with another substandard lot, or a standard lot, for purposes of development. Such lots may be combined into one lot by use of a deed restriction, quit claim deed, or similar instrument, which shall be recorded in the office of the County Register of Deeds.. In the A-1 and A-3 agricultural district, a farm owner is permitted to divide off separate parcels for the residences of the parents or children of the farm owner, and such parcels shall be considered as separate lots, must meet A-2 District zoning requirements and shall not be considered substandard lots. The provisions of Chapter 30 apply to these divisions.

5. Where public water supply systems are not available, private well construction shall be required to conform to Wis. Admin. Code ch. NR 812. Where a public sewage collection and treatment system is not available, design and construction of private sewage disposal systems shall be governed by Chapter 10, Public and Private Sewage Systems, of this Code. No private waste 6

disposal systems or parts thereof shall be located, installed, moved, reconstructed, extended, enlarged, converted, substantially altered or their use changed without full compliance with Chapter 10. A zoning permit for a principal structure or an addition thereto may not be issued until evidence of such compliance is provided to the Zoning Administrator.

IX. That Chapter 35, Planning and Zoning, Section 35-240, Notification – Public Hearings, Introduction, is hereby amended as follows:

35-240 NOTIFICATION - PUBLIC HEARINGS. Notice of any public hearing which the Plan Commission, Village Board or Zoning Board of Appeals is required to hold under the terms of this Ordinance shall specify the date, time and place of said hearing and shall state the matter to be considered at said hearing. Notice shall be provided as required by applicable state statutes, inclusive of Class 2 notice prior to consideration of Planning and Zoning changes by the Village Board, Conditional Use Permits by the Village Board, and Zoning Board of Appeals hearings, along with notice to neighboring municipalities, the owner or operator of an airport, or the DNR where applicable. The following notifications shall be required in addition to the notice required by statute:

X. That Chapter 35, Planning and Zoning, Section 35-81, PUD Planned Unit Development Overlay District, subsection E., Criteria For Approval, subsection 4, Implementation Schedule, is hereby amended as follows:

35-81.E.4. Implementation Schedule. A PUD shall include suitable assurances that each phase could be completed in a manner which would not result in an adverse effect upon the community as a result of termination at any point in the development. The implementation schedule shall designate to what extent the development shall be implemented within a twenty-four month period of time of approval of the implementation plan for the property. The PUD approval shall expire five years after the date of the last approval if it has not been completed and the land shall automatically revert back to its original zoning, unless the Village Board grants an extension of the expiration date.

XI. That Chapter 35, Planning and Zoning, Section 35-220, Changes and Amendments, subsection I, Protest, is hereby amended as follows:

35-220.I. Protest; Super-Majority Votes.

1. Airport Affected Area. If the proposed amendment would make any change in an airport affected area, and no part of the area to be changed is more than three miles from the airport, and the owner or operator of the airport bordered by the airport affected area protests against the amendment, the amendment shall not become effective except by the favorable vote of two-thirds of the of the members of the Village Board voting on the proposed change. (Note: 2017 Wisconsin Act 243, Section 8., repealed the supermajority requirement in the event of a protest against a proposed change effective 1-1-2019. Wis. Stat. s. 62.23(7)(d)2m.a. applies until 12-31-18.)

2. Down Zoning.

a. In this Code, “Down Zoning Ordinance” means a zoning ordinance that affects an area of land in one of the following ways:

(1) By decreasing the development density of the land to be less dense than was allowed under its previous usage.

(2) By reducing the permitted uses of the land, that are specified in a zoning ordinance or other land use regulation, to fewer uses than were allowed under its previous usage.

b. The Village Board may enact a down zoning ordinance only if the ordinance is approved by at least two-thirds of its members-elect, except that if the down zoning

ordinance is requested, or agreed to, by the person who owns the land affected by the proposed ordinance, the ordinance may be enacted by a simple majority of the members-elect.

3. Notices of such tentative recommendations or proposed changes in the regulations may contain the street names and house or lot numbers for purposes of identification if the commission or board so determines.

XII. That Chapter 35, Planning and Zoning, Section 35-174, Prohibited Signs, subsection A is hereby amended as follows:

35-174 PROHIBITED SIGNS. The following signs are prohibited in all zoning districts:

A. Specifically prohibited signs include projecting signs, billboards, pole signs, roof signs, pylon signs, flashing or moving signs or beacons, bench signs, trailer signs, banner signs on poles or buildings, balloons, inflatable advertising devices, inflatable signs and pennants. No sign shall contain, include or be illuminated by any flashing light, or moving part or be illuminated by other than white lights or be composed of any animated part. Colored coverings are not permitted. Notwithstanding any other provision of this Code, pursuant to Wis. Stat. s. 66.1102, a banner is allowed over the entire height and length of a fence surrounding a construction site when placed there by the owner or other person in control of the construction site, unless the banner will cause a health or safety concern.

XIII. This ordinance shall take effect after public hearing, passage and publication as provided by law. All other language contained in the Municipal Code of the Village of Rochester shall remain without change and in full force and effect.

Introduced: Adopted:

BY ORDER OF THE VILLAGE BOARD

______Edward Chart, President

ATTEST:

______Betty J. Novy, Clerk-Treasurer

8 WISCONSIN LEGISLATIVE COUNCIL ACT MEMO

2017 Wisconsin Act 243 Housing and Local Regulation of [2017 Assembly Bill 770] Property Development

2017 Wisconsin Act 243 makes various changes, described below, relating to housing and local regulation of property development.

LEVY LIMIT EXCEPTION FOR AFFORDABLE HOUSING The Act creates an exception to general local levy limits to allow a city, village, or town to increase its levy by $1,000 for each new, single-family residential dwelling unit for which it has issued an occupancy permit, if both of the following apply to the dwelling unit:  It is located on a parcel no more than one quarter of an acre in a city or village, or on a parcel no more than one acre in a town.  It sold for not more than 80% of the median price of a new housing unit in the city, village, or town. Amounts levied under the exception may be used only for police, fire, and emergency medical services, and a municipality may not decrease the amount it spends on those services below the amount spent in the preceding year.

CHANGES RELATING TO IMPACT FEES Generally, under state law, impact fees are payable to a municipality upon issuance of a building permit by the municipality. [s. 66.0617 (6) (g), Stats.] For impact fees in excess of $75,000, the Act specifies that a developer may defer payment for a period of four years from the date of issuance of a building permit, or until six months before the municipality incurs costs related to the development for which the fees were imposed, whichever is earlier. If the developer elects to defer payment, the developer shall maintain a bond or irrevocable letter of credit in the amount of the unpaid fees. Payments may not be deferred for fees on projects that

This memo provides a brief description of the Act. For more detailed information, consult the text of the law and related legislative documents at the Legislature’s Web site at: http://www.legis.wisconsin.gov. ______

One East Main Street, Suite 401 • Madison, WI 53703-3382 (608) 266-1304 • Fax: (608) 266-3830 • Email: [email protected] http://www.legis.wisconsin.gov/lc - 2 - have previously been approved. The Act also directs a municipality that collects an impact fee to provide the developer with an accounting of how the fee will be spent. Additionally, state law describes the timeframe after collection in which impact fees must be used. Generally, prior law required impact fees to be used within a reasonable amount of time after collection, or they must be returned with interest. [s. 66.0617 (9), Stats.] Generally, the Act specifies that impact fees that are not used within eight years must be refunded to the payer with interest. Fees collected for costs related to lift stations or sewage treatment or collection must be used within 10 years, unless the municipality adopts a hardship resolution to extend the time period for an additional three years. The Act specifies that an impact fee is paid on the date a developer obtains a bond or irrevocable letter of credit. The Act also limits the imposition of impact fees to specify that impact fees may not be imposed for increases in service capacity greater than the capacity necessary for the development for which the fee is imposed and that fees may not include expenses for operation or maintenance of a public facility. State law provides that a person aggrieved by any fee imposed by a political subdivision may appeal the reasonableness of the fee in relation to the service for which the fee is imposed by filing a petition. Prior law required the petition to be filed within 60 days after the fee’s imposition. [s. 66.0628 (4) (a), Stats.] The Act revises the filing deadline to 90 days after the fee is due and payable.

PREEMPTIONS OF CERTAIN LOCAL REGULATIONS The Act prohibits cities, villages, towns, and counties from doing any of the following:  Enacting an ordinance or adopting a resolution that limits the installation of banners over the entire height and length of a fence surrounding a construction site.1  Prohibiting a private person from working on the job site of a construction project on a Saturday, or imposing more restrictive conditions on such work than apply on weekdays.  Making or enforcing an ordinance that applies to a dwelling and is more restrictive than the state Uniform Dwelling Code or that is contrary to an order of the Department of Safety and Professional Services (DSPS) with respect to the enforcement of the Uniform Dwelling Code.2  Imposing more stringent requirements on a developer relating to the installation of a water meter station than are required to ensure the proper functioning of such a station.

1 For the preemption to apply, the installation must be by a person who owns the construction site or is otherwise in lawful possession or control of the site. 2 Prior law required local ordinances relating to the construction and inspection of new dwellings to “meet the requirements of” the Uniform Dwelling Code. The Act replaces that requirement with a more specific preemption. - 3 -  Enacting or enforcing an ordinance requiring a certain number or percentage of residential dwelling units in a land development be made available for rent or sale to an individual or family with a family income at or below a certain level.  Establishing a general expiration date for an approval related to a planned development district of less than five years after the date of the last approval required for completion of the project.

PROCEDURE FOR AMENDING A CITY ZONING ORDINANCE Under prior law, if 20% of certain affected landowners protest a proposed change to a city zoning ordinance, three-fourths of the members of a city’s common council must vote in favor of the amendment before it takes effect. The Act repeals the statutory provisions relating to protests of city zoning ordinances.

LAND DIVISION AND PLAT APPROVAL The Act makes various changes relating to the requirements for land division and plat approval. Key changes to state law include:  Authorizing land divisions by certified survey map for land that is zoned for multi- family use, whereas prior law allowed such divisions only for land zoned commercial, industrial, or mixed-use.  Specifying that the estimated cost to complete public improvements for a subdivision is to be determined as follows: o By an initial estimate provided by the governing body, if accepted by the subdivider. o If the estimate is rejected by the subdivider, by a bona fide bid from a subdivider’s contractor, if the governing body accepts the bid. o If the bid is rejected by the governing body, by an estimate of the cost to complete the work in event of default, if the estimate is within 10% of the subdivider’s bid. o If the cost to complete the work differs by more than 10% from the bid, by mutual agreement between the subdivider’s engineer and the municipality’s engineer.  Specifying that the installation of asphalt or a concrete binder course constitutes “substantial completion” for purposes of road dedications.  Authorizing a subdivider to provide any security required by a city, village, or town in the form of a performance bond, letter of credit, or combination of the two.  In certain circumstances, requiring municipalities to issue a permit to commence construction of a foundation or any other noncombustible structure before non-safety- related public improvements have been completed. - 4 -  Authorizing a city, village, town, or county to offer a subdivider the option of dedicating land for a public park consistent with local park and comprehensive plans or paying a fee-in-lieu of dedicating land.

STORMWATER REGULATION Generally, state law describes the manner in which property may be classified in order to make equitable charges for services rendered by a storm and surface water system. [s. 66.0821 (4) (c), Stats.] The Act specifies that no additional charges, beyond those charged to similar properties, may be charged to a property for services rendered for a property that continually retains 90% of the difference between the post-development and predevelopment runoff on site. Subject to certain exceptions, under state law, a city, village, town, or county may not enact an ordinance relating to stormwater management unless the ordinance strictly conforms to uniform statewide standards. [s. 281.33 (3m), Stats.] The Act revises an exception for ordinances relating to flood control to instead apply to ordinances relating to peak flow to address existing flooding problems or to prevent future flooding problems, except an ordinance may not require more than 90% of the difference between pre-development and post- development annual runoff volume to be retained on the site.

LOCAL REPORTING REQUIREMENTS The Act requires cities and villages with populations of 10,000 or more to prepare and post reports by January 1, 2020, and to update the reports annually thereafter, regarding a city’s or village’s implementation of the housing element of its comprehensive plan. Those reports must contain specified information relating to plat approvals, proposed new dwelling units, undeveloped parcels, and an analysis of the city’s or village’s residential development regulations, including a calculation of the financial impact of those regulations. In addition, the Act requires cities and villages with populations of 10,000 or more to prepare and post a report by January 1, 2020, regarding the city’s or village’s residential development fees. The report must contain the amounts of specified types of fees, the total amount of relevant fees imposed in the prior year, and the amount of such fees imposed per new residential dwelling unit in the prior year. The Act prohibits a city or village from imposing a fee that it does not properly post in the report.

COMPENSATION FOR CONDEMNATIONS The Act modifies state law relating to determining fair market value in condemnation cases and makes changes relating to payments for certain displaced persons in such cases. Specifically, the Act requires (rather than authorizes under prior law) a court or condemnation commission to consider comparable property sales as a basis for determining fair market value in a condemnation action and requires a court or commission to consider cost- or income-based appraisals if provided by the condemnor or condemnee. With respect to certain persons displaced from a business or farm operation as a result of a condemnation, the Act revises the maximum amount of payments that a condemnor must pay to such persons for the cost of purchasing or renting a replacement business or farm operation. - 5 - In addition to the payments required under state law, the Act also requires a condemnor to pay those persons certain litigation expenses and certain “reasonable project costs,” defined to mean the total of specified capital, financing, professional services, imputed administrative, and infrastructure costs that a person must reasonably incur to establish a comparable replacement business or farm operation. With regard to payment caps, previously set at $50,000 for purchase and $30,000 for rental, the Act sets the caps at $100,000 and $80,000 respectively, if the condemnor is a village, town, or city, and removes the caps for other condemnors. The Act also specifies that, until January 1, 2019, a court must award litigation expenses if the award of the judgment for the claimant exceeds the amount of damages allowed by the condemnor by 15%.

TIMELINE FOR LOCAL BUILDING INSPECTIONS The Act creates a new timeline for inspections provided by a local building inspector. Specifically, the Act requires a local building inspector to complete an inspection no later than 14 business days after receiving a request from a developer for an inspection. If a local inspector does not complete an inspection within that time, the Act authorizes a developer to request a state inspector with a comparable level of zoning and building inspection qualification as the local building inspector to perform the inspection. The Act requires a city, village, town, or county to accept a certificate of inspection provided by a state inspector in those circumstances. Effective date: Generally, 2017 Wisconsin Act 243 took effect April 5, 2018. Provisions of the Act affecting the sunset of treatments relating to just compensation for condemnation take effect January 1, 2019. Generally, the Act initially applies to actions taking place on or after the effective date of the Act. However, provisions relating to just compensation first apply to proceedings for which title to property has not vested in the condemnor on the effective date, and provisions relating to relocation benefits apply retroactively to claims filed up to two years prior to the effective date. Additionally, the levy limit exception first applies to a levy imposed in December of 2019.

Prepared by: Scott Grosz, Principal Attorney May 10, 2018

SG:mcm;ty

Village of Rochester Resolution Number: 2018-4 A RESOLUTION TO ADOPT THE RACINE COUNTY HAZARD MITIGATION PLAN UPDATE 2017-2021

WHEREAS, Racine County executed an agreement with the Southeastern Wisconsin Regional Planning Commission dated on November 29, 2000, to provide assistance with the development of a county- wide hazard mitigation plan leading to recommendations for reducing natural hazards and selected man-made and technical hazards potentially impacting Racine County; and,

WHEREAS, such plan was completed under a cooperative effort of the Racine County Department of Planning and Development, the Racine County Office of Emergency Management, and the Southeastern Wisconsin Regional Planning Commission under the guidance of the Racine County Hazard Mitigation Task Force; and,

WHEREAS, the initial Racine County Hazard Mitigation Plan was adopted by the County and approved by the Board of Trustees for the Village of Rochester on February 16, 2005; and,

WHEREAS, the Board of Trustees for the Village of Rochester supports and generally concurs with the Racine County Hazard Mitigation Plan Update, and believes that the plan is a valuable guide as the means for reducing the impact of natural and other hazards that potentially could impact the Village of Rochester; and,

WHEREAS, the preparation and adoption of the Hazard Mitigation Plan Update is a requirement for maintaining eligibility for certain hazard mitigation grant programs funded by the Federal Emergency Management Agency and administered by the State of Wisconsin Department of Military Affairs, Division of Emergency Management.

NOW THEREFORE BE IT RESOLVED that the Board of Trustees for the Village of Rochester hereby adopts the Racine County Hazard Mitigation Plan Update 2017-2021 as set forth in SEWRPC Community Assistance Planning Report No. 266. A copy of said report is on file with the Village Clerk.

BE IT FURTHER RESOLVED by the Board of Trustees for the Village of Rochester that the Village Clerk is directed to transmit a certified copy of this resolution to both the Southeastern Wisconsin Regional Planning Commission and the Racine County Office of Emergency Management.

Introduced: June 11, 2018 Adopted:

VILLAGE OF ROCHESTER By: ATTEST:

______Edward J. Chart, Village President Betty J. Novy, Clerk-Treasurer

Resolution Number: 4890(48) Introduced by: Committee of the Whole

A RESOLUTION TO ADOPT THE RACINE COUNTY HAZARD MITIGATION PLAN UPDATE 2017-2021

WHEREAS, Racine County executed an agreement with the Southeastern Wisconsin Regional Planning Commission dated on November 29, 2000, to provide assistance with the development of a county-wide hazard mitigation plan leading to recommendations for reducing natural hazards and selected man-made and technical hazards potentially impacting Racine County; and,

WHEREAS, the initial Racine County Hazard Mitigation Plan was adopted by the County and approved by the City of Burlington as Resolution 3907(1) on April 6, 2005; and,

WHEREAS, the City of Burlington Common Council supports and generally concurs in the Racine County Hazard Mitigation Plan Update, and believes that the plan is a valuable guide to the means for reducing the impact of natural and other hazards that potentially could impact the City of Burlington; and,

NOW THEREFORE BE IT RESOLVED that the City Council hereby adopts the Racine County Hazard Mitigation Plan Update 2017-2021 as set forth in SEWRPC Community Assistance Planning Report No. 266. A copy of said report is on file with the City Clerk and with the Burlington Public Library.

BE IT FURTHER RESOLVED by the City Council that the City Clerk is directed to transmit a certified copy of this resolution to both the Southeastern Wisconsin Regional Planning Commission and the Racine County Office of Emergency Management.

Introduced: March 6, 2018 Adopted: March 20, 2 18

Attest: cfi)dl/!1/Jtc:!/;t~ Diahnn Halbach, City Clerk 1~: J.i/" \ 'f / ·... ;~ ,- /V iJ1 ;.. y "I @ ... ) ~

1 RESOLUTION NO. 2017 .. 55 October 26,2017 2 3 RESOLUTION BY THE RACINE COUNTY ECONOMIC DEVELOPMENT AND LAND USE 4 PLANNING COMMITTEE RECOMMENDING ADOPTION OF THE RACINE COUNTY 5 HAZARD MITIGATION PLAN UPDATE: 2017-2021 6 7 To the Honorable Members of the Racine County Board of Supervisors:. 8 9 . WHEREAS, in December 2000, the Southeastern Wisconsin Regional Planning 10 Commission (SEWRPC) and the Racine County Office of Emergency Management and 11 Department of Planning and Development agreed to cooperatively prepare an all hazards 12 mitigation plan for Racine County; 13 14 WHEREAS, the initial Racine County Hazard Mitigation Plan Was adopted by the 15 -County and approved in 2004 and was supsequently adopted by the municipalities within 16 the County; 17 18 WHEREAS, the mitigation planning requirements of 44 Code of Federal 19 Regulations, Section 201.6(d) [44 CFR 201.6(d)] call for focal hazard mitigation plans to be 20 reviewed; updated to reflect changes in development, progress in local mitigation plan . 21 efforts, and changes in priorities; and re-approved every five years for local jurisdictions to 22 be able to receive hazard mitigation funding; · · 23 24 . WHEREAS, the Racine County .Hazardous Mitigation Plan Update was guided by a 25 Hazard Mitigation Task Force consisting of elected and appointed officials from the County 26 and municipalities in the County; agency and business representatives; and citizens from 27 throughout the County knowledgeable in hazard mitigation matters·. 28 29 WHEREAS, the plan was designed to be consistent with the guidelines of the 30 Wisconsin Department of Military Affairs, Division of Emergency Management, and· the 31 Federal Emergency Management Agency (FEMA); and with the requirements and 32 procedures defined in the ·Disaster Mitigation Act of 2000. 33 34 WHEREAS, the County has duly noticed a public information meeting on the Hazard 35 Mitigation Plan Update and a public information meeting was held on Wednesday, April 36 26,2017. 37 38 NOW, THEREFORE, BE IT RESOLVED, that the Racine County Economic 39 Development and land Use Planning Committee hereby approves the hazard mitigation 40 plan embodied in· SEWRPC Community Assistance-Planning Report No. 266 (3rd Edition), 41 Racine County Hazard Mitigation Plan Update: 2017-2021. 42 •43 BE IT FURTHER RESOLVED by the Racine County Board of Supervisors that the 44 Racine County Clerk is directed to transmit copies of this resolution to the Southeastern 45 Wisconsin· Regional Planning Commission (SEWRPC), to the Racine County. Office of 46 Emergency Management and the Racine County Public Works and Development Services 47 Department and to all municipal clerks within seven (7) days after this resolution is 48 adopted. 1 RESOLUTION NO. 2017 .. 55 PAGE2 October 26, 2017 2 3 4 5 6 1st Reading lD··Q.Io-17 7 8 2nd Reading Il-l-/~ 9 10 BOARD ACTION 11 Adopted 4e,S 12 Fpr 13 Against 14 Absent 15 16 · VOTE REQUIRED;. Majority., 17 18 Prepared by: 19 Public Works & Development 2 o Services Department 21 22 23 24 25 26 . 27 28 29 30 31 32 33 The foregoing legislation adopted by the County Board of Supervisors of Racine 34 County, Wisconsin, is hereby: 35 36 Approved:------37 Vetoed: ------38 39 Date:. ______, 40 41 42 Jonathan Delagrave, CountY Executive 43 44 45 4 6 FISCAL NOTE .. NOT APPLICABLE 47 Village of Rochester ∙ 300 W. Spring St, Rochester, WI 53167 (262) 534‐2431

OFFICE HOURS Monday - Friday ...... 8:30a.m.-4:00p.m. June 2018, Volume 12 Issue 2

VILLAGE OFFICIALS Ed Chart, President

Gary Beck Christopher Bennett Nick Ahlers Christian Johnson Russell Kumbier Douglas Webb Board of Trustees [email protected]

STAFF Betty Novy ext. 304, Clerk‐ Treasurer [email protected]

Sandi Swan ext. 302, Dep. Clerk‐Treasurer [email protected]

Lynn Spleas ext. 301, Administrative Assistant [email protected]

Christopher Birkett, DPW Supervisor, 2018 M D Animal Control Oficer 262-332-1017 Another Rochester Memorial Day Celebration is in the books! 152 to [email protected] be exact! Mother Nature cooperated and the crowd was big. Bigger than what Scott Gunderson ever recalls. U.S. Representative Paul Ryan John Schattner, Zoning Administrator took time out of his busy schedule and visited our small Village. In his 262-902-2782 speech he said he looks forward to coming to Rochester every year [email protected] because it represents Small Town America. It’s quite an honor to have For Appointments him visit Rochester every year. Paul Ryan and Scott Gunderson were Ofice Hours: both presented with a plaque honoring their ifteen year commitment Wednesdays 10:30 a.m. -12:30 p.m. to the ceremony. In addition we heard moving speeches from Village President, Ed Chart, Mark Laughran, Trustee Russ Kumbier, Colonel Lee Greivell, Building Inspector Dan Friend, CW5 Andrew J. Gronlund and of course Emcee Scott 262-424-6957, [email protected] Gunderson. The ceremony concluded with a lowering of a wreath into For Appointments the Fox River in memory of those fallen. It was a itting ceremony hon- Ofice Hours: oring those that gave the ultimate sacriice for our country’s freedom. Wednesdays, 10:30 a.m. – 12:30 p.m. A giant “thank you” again goes out to Jan and Bill Johnson and the Agendas and Minutes can be found on the Vil‐ Memorial Day Committee for all their hard work in pulling it all lage Website: together. http://rochesterwi.us 2 Village of Rochester ∙ 300 West Spring Street, Rochester, Wisconsin 53167 N U

HINSIDEEADING THIS NEWSLETTER HWhatEADING You Need to File Your Claim

Text Text Up Coming Events 4  Your Social Security number and Wisconsin residency for tax year 2017 Central Racine County Health Department 6  Your qualiied child’s social security number Fire Department News 6 and date of birth

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rebate after iling

 Wait at least 72 hours CHILD SALES TAX HEADING REBATE for your claim to appear HEADING in our system Text Text Sound Fiscal Management

and a strong economy have resulted in a state PARTISAN PRIMARY ELECTION TUESDAY, AUGUST 7, budget surplus of almost $400 million for the State 2018 of Wisconsin. Governor Walker and the State Legisla- 7:00 a.m.—8:00 p.m. ture have determined that some of the surplus should be HEADING HVillageEADING Hall, 300 W. Textreturned to taxpayers in the form of a Child sales Tax Rebate. It is a $100rebate for sales and use tax paid on TextSpring St. purchases made for raising a dependent child in 2017.

Filing start date: May 15, 2018 Filing Deadline: July 2, 2018 FOURTH OF JULY & Claimant Eligibility EADING FIRE WORKS  Must have a qualiied child H  A child may only be claimed by one individual Text Back in 2016 the Village passed an ordinance requir- Qualiied Child Eligibility ing a permit to discharge ireworks in the Village of Rochester. This permit can be Child must be: obtained at the Village Clerk’s Ofice for a $15 fee. Fire- works can only be discharged July 3rd through July 5th  Under age 18 on December 31, 2017 (no exceptions) and between the hours of 4:00 p.m.  A dependent* of the claimant for tax year 2017 andHEADING 10:30 p.m.. A separate permit must be purchased  A Wisconsin resident on December 31, 2017 forText each day the ireworks are to be discharged. You  A United States citizen MUST follow local and state ordinances. A copy of *Dependent is determined using guidance described in those ordinances will be provided to you at the time of IRS Publication 501, regardless of whether the claimant application. You can ind the ordinance on the Village iles a 2017 federal income tax return website at http://rochesterwi.us Chapter 9-8

June 2018 Newsletter ‐ Volume 12 Issue 2 3 I

ENJOY GARDENING TOGETHER THE VILLAGE HALL WILL BE CLOSED

WEDNESDAY, JULY 4, 2018 for INDEPENDENSE DAY

Behind the Village Hall off the end of Wade St.

Website: [email protected] Inquiry at the Library 262.534.3533

Plots: $20/ year currently Size: Approximately 20’x 20’ Fresh Produce for Food Pantries “COME GROW WITH US” Rochester Community Garden 4 Village of Rochester ∙ 300 West Spring Street, Rochester, Wisconsin 53167 U C E ZUMBA IS BACK IN THE PARK

Zumba will be back in Case Eagle Park this summer compliments of Faith Diggins! Zumba is a “free” itness class held on Wednesday nights at 6:30 p.m. You are invited to come join in on the fun, friends and smiles this summer starting June 13th through July 25th. (no class on July 4)

Meet at the basketball court. Bring water! Class is open to all ages and itness abilities. For more information, contact Faith Diggins at [email protected] or 414-405-2521.

See/join Zumba Burlington on Facebook for class situations due to weather.

ROCHESTER 5K RUN & WALK September 15, 2018 Case Eagle Park Proceeds Beneit Rochester Volunteer Fire Company

Join us for our 5th Annual Run/Walk A beautiful scenic course for PR or a casual walk. After the run, please stop in town for Rochester’s Day In the Coun- try. A hometown feel with vendors, crafters, food and great music.

7:00 a.m.—Packet Pick-up and Race Day Registration 8:00 a.m.—Fireighter Run 8:15 a.m.—Kids Run 8:30 a.m.—5K Start Awards Following Run/Walk Register at: silvercirclesportsevents.com/Rochester-5k

ROCHESTER AREA HISTORICAL SOCIETY 10TH ANNUAL A DAY IN THE COUNTRY PIE CONTEST & AUCTION CAR SHOW Saturday, September 15, 2018 The Car show is held at the Rules: Rochester Fire Department  Bake your pie in a 9” pan of your Field, located on HWY FF just choice. Pans are not returned to you west of Hwy W (31020 Academy Rd.) so choose accordingly.  No refrigerated pies Saturday, September 15, 2018  Provide a list of ingredients– not the recipe, this is to Registration starts @ 9:00 a.m. protect potential buyers Registration Fee—$ 10.00  After the contest the pie becomes the property of Trophies @ 2:00 p.m. Rochester Area Historical Society. Door Prizes

BAKE OR BUY - GIVE IT A TRY! For more information contact Pam @ 262-210-3703 or CONTACT JONI BECK—534-2071 Email: [email protected] June 2018 Newsletter ‐ Volume 12 Issue 2 5 V M

Standing Meetings at the Village Hall: Plan Commission Meetings: First Monday of every month Village Board Meetings: Second and Fourth Monday of every month Honey Lake Protection and Rehabilitation District: Third Tuesday of every month Zoning Board of Appeals: Fourth Thusday of every month Library Board: Second Tuesday of every month

Open meeting laws require that meeting notices be posted at least 24 hours in advance of every meeting and that the items being discussed at the meeting be detailed in the notice. Please contact the Village Clerk for information on how to place an item on an agenda. Agendas are posted, most commonly on Fridays for the up coming week on the Village Website: http://rochesterwi.us

6 Village of Rochester ∙ 300 West Spring Street, Rochester, Wisconsin 53167 HEALTH DEPARTMENT NEWS

WELCOME TO CENTRAL RA‐ Lyme disease is a bacterial illness transmitted by the bite of a black legged (deer) tick. The illness often starts as a CINE COUNTY HEALTH DEPART‐ circular rash near the bite. Fever, headache, fatigue, mus- MENT (CRCHD) cle and/or joint pain may also be present. Lyme disease is treated with antibiotics, and if untreated, complications may occur. If you think you are infected with any of these PROTECT YOURSELF FROM DISEASE‐ illnesses, contact your healthcare provider. Learn more CARRYING MOSQUITOS AND TICKS about these infections and how to protect yourself and your family: https://www.dhs.wisconsin.gov/arboviral Protect yourself against mosquito and tick bites this sum- and https://www.dhs.wisconsin.gov/tickborne mer. West Nile virus (WNV), Zika virus and Lyme disease are three examples of illnesses that may occur from these Protect yourself from mosquito exposure! bites. WNV and Zika virus are spread through the bite of  Apply insect repellant to clothing and exposed skin. infected mosquitoes. People infected with WNV may de-  Make sure window and door screens are in good re- velop fever, rash, muscle and joint aches, nausea, vomiting pair. and fatigue, or rarely severe symptoms. Symptoms of Zika  Dispose of or turn over items (tires, boats, wheelbar- virus are similar to WNV and include fever, rash and joint rows) that hold water to prevent mosquito breeding. pain. Additionally, Zika virus can be transmitted from a  Change water in birdbaths and pet dishes at least eve- mother to her baby during pregnancy, and may be associ- ry three days. ated with poor birth outcomes. All reported U.S. cases of  Clean and chlorinate swimming pools and hot tubs. Zika virus are associated with travel to or sexual contact  Trim tall grass and weeds - mosquitoes use these are- with someone who traveled to locations with active Zika as to rest during daylight hours. virus transmission. Women who are pregnant or trying to become pregnant are advised to avoid travel to areas with risk of Zika. Travelers to high-risk areas should take pre- cautions to prevent exposure to mosquito bites. Of note, Zika virus is not known to currently be transmitted in Wis- consin.

FIRE DEPARTMENT NEWS

SEVERE WEATHER SAFETY TIPS FROM walls between you and the outside. Don’t spend time opening windows to equalize air pressure differences. Buildings ROCHESTER FIRE AND RESCUE are more likely to explode after the wind gets inside. If caught outside, lie lat on the ground and cover your head. Postpone any outdoor activities if thun- Get low and stay low to try to prevent injury from lying derstorms are imminent. Lightning can debris. travel as many as 10 miles from the thunderstorm. The storm does not have to be To stay on top of changing weather conditions, utilizing a overhead to you to be struck. Find a stur- NOAA Weather Radio with back—up battery power. This is dy shelter or structure to take cover dur- your early notice of any severe weather in the area. These ing a thunderstorm. Don’t underestimate the power of radio’s can be purchased at many stores at a nominal fee. strong winds and hail. Winds in the excess of 100 miles per Most important is t develop and practice your disaster plan hour and damaging hail stones can occur. Downed tree with your family. limbs and wind driven debris can cause severe damage and or injury. Have a safe summer.

During a tornado warning go to the lowest level in building and stay away from windows. If underground shelter is not possible, move to an interior room trying to put as many June 2018 Newsletter ‐ Volume 12 Issue 2 7 I NOTICE TO DOG NOXIOUS WEED OWNERS— DON’T NOTICE

FORGET TO “SCOOP THE NOTICE IS HEREBY GIVEN that POOP” every person shall destroy all noxious weeds on all lands It’s that time of year when a lot of which he shall own, occupy or pet owners are walking man’s best control. The Weed Commission- friend. Always carry a plastic bag or er shall investigate concerning other device so when your pet the existence of noxious weeds “does his duty” you have something to clean it up with. in the district. The term It’s not a pretty job ,but the owners have to do it. “noxious weeds” includes Cana- da thistle, leafy spurge and ield Dog owners please take special note of this and act re- bindweed (creeping jenny) and other such weeds as the sponsibly- not only to your neighbor’s property but also governing body of the municipality declares by ordi- the parks and bike trails. We receive a lot of complaints in the summer about pet owners not cleaning up after nance or resolution to be noxious within its boundaries. their pets. Please use the same courtesy when or if you Where the Weed Commissioner inds the existence of visit the dog park in Case Eagle. Horse owners should noxious weeds he shall, after irst giving ive days writ- also use the same courtesy. ten notice, either in person or by mail, and if the weeds Village ordinance 9-1 B.6. states: Animal Waste. No ani‐ have not been destroyed all such weeds in that period mal owner shall allow the same to be on any public or pri‐ of time, destroy or cause to be destroyed all such weeds vate property, not owned or possessed by any such person, in manner to deemed to be most economical method. unless he has a device to scoop up excrement and an ap‐ For each day devoted to so for the Weed Commissioner propriate depository to put such excrement in. This shall shall receive such compensation as is determined by not apply to visually handicapped or otherwise disabled the municipal Board and give an accounting for such persons who are unable to conform to this provision. action specifying by separate items the amount chargeable to each piece of land, describing the same, and DUMPING WILD AND OR DO‐ shall, after being, paid, ile a report with the municipal MESTIC ANIMALS clerk, who shall enter the amount chargeable to each tract of land in the next tax roll as a special assessment, Did you know there is up to a and shall be collected as other taxes are collected. $1,000 ine in the State of Wis- consin for illegal trapping and dumping of wild animals? The clerk’s ofice receives complaints every year of animals being dropped off at public and private lands in the Village of Rochester.

If you observe the dropping or dumping of animals, please get the information about the car, the license plate number, location, etc. and report it immediately to the Sheriff’s Department at 262—534-5166. By reporting it hopefully we can stop this practice.

8 Village of Rochester ∙ 300 West Spring Street, Rochester, Wisconsin 53167 R A H S

R A Hope that Sidney and Walter have got along alright this winter and trust they will get through the springs work H S O.K. Archie will probably be home soon and can help out

if necessary. I suppose Harry will need lots of help too During the 100th the large farm he is on. Anniversary of WW1 Well guess I'll close for this time and hoping I may hear I would like to share another from some of you soon. letter sent home to Honey Creek from Ray Potter while he was I am always, Ray stationed in Toul, France 17 FEB 1919. RAHS Small Talk For those of you who attended our Spring Tea on the Dear Dad: 5th of May, Thank YOU for coming. We have had good feedback that it was enjoyed so much and the la- Well you see we have moved again. We left Mars on dies loved the interaction with the dresses and bustles Wednesday morning the 12th and landed at Toul on that Leslie brought with her. Friday the 14th. The hospital that we relieved here is Evacuation Hosp. No. 1. They have been Hope you ind some treasures you would like to over here a year now and expect to leave here on have appraised at our APPRAISAL FAIR Wednesdayr fo St. Nazerine and then home. The hospi‐ in June!! See details below. tal is about 3 mi. northeast of the city of Toul. We Enjoy the sun and lowers!!! Here's to the Farmers that are about 8 miles from what used to be the old iring they can plant SOON!! ' lines and several of the boys have already been up to the front and looked over the ruins. I'll get Til next time, Joni up there myself someday when I get the chance. 4TH ANNUAL Right around the hospital here I have seen quite a bit. Have seen trenches, dugouts, ammunition dumps, ANTIQUE APPRAISAL FAIR barbwire entanglements and fortresses. There are ly‐ Saturday, June 23, 2018 ing machines sailing overhead every day, patrolling the borders, so I am told. There are about 600 patients 11:00a —2:30p here at the hospital and it looks to me as if we would be here for some time. It is not near as nice Hosted by: ROCHESTER HISTORICAL SOCIETY

a place as we had at Mars. We are living tents and Where: ROCHESTER VILLAGE HALL without loors. There is about a foot of mud inside 300 W. Spring St., Rochester WI and no ires or lights. It sure is a ight but we may get better quarters after a while. Certified Appraiser, BARBARA EASH, will be on hand to appraise your treasures. Round up your furniture, tex- I am commencing to get tired of this army life tiles, quilts, tribal art, jewelry, toys, dolls, pottery, and getting so I hardly care what happens. Our minds lamps, clocks and anything else you are curious about. would be relieved a whole lot if we only knew when we

were going home, but the suspense of waiting and never PLEASE NO: STAMPS, COINS or MILITARY ITEMS knowing when or where you are at is what gets a fel‐

low. Haven't had any mail from any of you for three

weeks now and the Standard Democrat doesn't come to me either as regular as it ought to.

Wish you would look after my insurance and see that the premium is paid when it comes due in April. June 2018 Newsletter ‐ Volume 12 Issue 2 9

LATEX PAINT DISPOSAL dollars. 2. Open can lids and expose paint to sun and warm tem- Most times right after holding our hazardous peratures. This technique works best in the summer waste event we get the call……….What can I with small amounts of left over paint. Place the can in do with these cans of left over paint?! the trash after paint has hardened. Good news is you don’t have to wait for an event to dispose of latex paint.

Latex is NOT a hazardous waste (it is a water- based product), but it is a liquid waste that must be properly, disposed. Dumped illegally, it can plug up septic ields, overload sewage treatment plants, and create environmental messes on the ground. Here are some options to consider:

10 cans or less 1. 1.Purchase a commercial paint hardener and follow the label directions. These products are available at hard- ware stores and improvement centers for $1.00 to $2.00 10 Village of Rochester ∙ 300 West Spring Street, Rochester, Wisconsin 53167 C C

ROCHESTER PUBLIC LIBRARY NEWS—SUMMER 2018

Rochester Library • 208 W. Spring Street • (262) 534-3533 • Website: http://www.rochester.lib.wi.us Hours: Oct 1—Apr 30: Mon. – Thurs. 9:30am-7:30 pm; Closed Friday; Sat. 9:30am-3:00 pm; Sunday 1:00 p.m.—4:00 p.m.

Toddler Time Story Wagon Lap sit is a program for children ages birth to 3 years and their parent/caregiver. The program includes stories, music and Wednesdays 1:30 PM movement followed by an All ages welcome open play session. What a great way to meet other moms! June 13 Leonardo Music 10:30—10:50 a.m. Mondays June 20 Libraries Rock Dance Party June 11, 18, 25 June 27 Kidsplay July 9, 16, 23 July 11 Moogician July 18 Snake Discovery Summer Story Time July 25 The Fossil Lady Join Ms. Mollie us for a program designed for kids ages 3 1/2 and up. Visit us Tuesday mornings, for stories, songs, activities, finger plays and a craft project with a different theme each week. JACK AND KITTY ARE COMING!!!!!

10:30—11:00 a.m. Tuesdays Join us July 20 for an evening of food, fun June 12, 19, 26 and family entertainment with Jack and July 10, 17, 24 Kitty an Emmy award winning musical duo from Minneapolis. Cookout begins at 5:30 Summer Yoga Ages 6—10 pm and the entertainment will start at Weekly kid’s yoga classes will be offered. Join Ms. Mollie for 6:30 pm. We will provide the hot dogs stretching, poses, fresh air and fun. and beverages. (You bring your own ex- tras). This program is sponsored by a 10:30—11:15 grant from the Vandersanden Family Wednesdays Foundation Fund amdthe Friends of the June 13, 20, 27 Rochester Library July 11, 18, 25 Join us!!!!!!

Beyblades June 14, 2p.m. Ages 8+ Join Benjamin Pfeifer for Beyblade competition . (If you are unfamiliar with Beyblades we will teach you.) We have Bey- blades you can use or bring your own.

For a complete UP TO DATE list of summer programming events, be sure to contact Facebook or www.rochester.lib.wi.us or phone us! June 2018 Newsletter ‐ Volume 12 Issue 2 11 C C ROCHESTER PUBLIC LIBRARY NEWS—SUMMER 2018 (CONTINUED)

Ozobot Coding Camp Kindness Rocks! Coding for beginners. Monday June 11, 11 AM July 9,10,11,12 ALL AGES WELCOME 4:30-5:30 pm Make a kindness rock to share with the communi- Level 2 ty. July 23,24,25,26 Ages 8+ Rock Painting with Cookie Wenzel Registration required. June 25, 26, 27 2 PM Ages 10+ Calligraphy and Hand Lettering for Make your very own, one of a kind rock paint- Beginners ing. This is a 3 part class and each session will be Learn the technique involved in creating a beau- approximately 1-1/12 hrs. in length. Class is lim- tiful script. Ages 10+ ited. Registration Required. Monday, July 16 at NOON Registration is required. Spool Knitting Thursday, June 21, 1:30 Barefoot Sandals and Pizza Ages 6+ Rock Call it spool knitting, corking or French knitting Thursday June 28, 5:30-7:30 PM this technique is an old world introduction to Age 10 + knitting. Please join Wendy Ela for this fun class. Lissa will teach you to bead a pair of barefoot Registration required sandals to wear home. Pizza and music included. Please Register End of Summer Program August 1, 11:00 AM Evening Story Time Bounce houses and prize drawings for our sum- Please join us for an evening story time present- mer reading participants. ed by United Way. A bedtime snack is included and pajamas are welcome! AND Finally……For Adults Only Thursday July 12 6:00 PM Monthly Meditation Beginning June 11/6:30 PM Learn the healing benefits of meditation. Over the Friendship Rocks course of seven months discover your Chakra Sys- Make a friendship bracelet tem, balance it through meditation, and learn the July 17 1:30 AGES 8+ techniques to practice at home. $10/session or Ages 8+ $65 if paid in full. For further information please contact the library. Tic Tac Toe July 23…..11AM Make a “rockin’ “ game set to take home. Ages 7+ Summer Hours : May 1. - Oct 1 Monday – Thursday 9:30 am-7:30 pm; Closed Friday; Saturday 9:30 am-1:00 pm; Closed Sunday PRESORTED STANDARD US POSTAGE PAID ROCHESTER, WI PERMIT NO. 2

VILLAGE OF ROCHESTER 300 W. SPRING STREET P O BOX 65 ROCHESTER WI 53167 RETURN SERVICE REQUESTED

ADDITIONAL RESOURCES

Kathy Romanak – Assessor For general information of real estate Rochester Public Library property and or assesses values, Rochester Cemetery Mary Stapleton, Director contact Kathy Romanak at her home Gary Schrader (262) 534-5544 (262)534-3533 ofice (262) 534-2431 ext. 307. Winter Hours: Email inquiries to Honey Creek Cemetery Mon. – Thurs. 9:30 a.m. – 7:30 p.m. [email protected] Debbi Perman Closed Friday. 262-534-2954 Animal Control Sat. 9:30 a.m. – 3 p.m. For helpful information on animal Deputy Cindy Milam Sunday 1 p.m.—4 p.m. Racine County Sherriff’s Department issues, contact Rochester Historical Society Christopher Birkett at (262) 332-1017 Non – Emergency line: (262)534-5166 History and genealogy questions Garbage & Recycling Rochester Volunteer answered. Collection Day = Every Friday Fire & Rescue Joni Beck (262)534-2071 Have your garbage out by 6 a.m. Non-Emergency: (262) 534-3444 Greg Sponholtz

Fridays. For information, contact: ASDA ‐Volunteers Welcome‐ Rochester Post Ofice (262) 539-2086 (262) 534-6100