AUGUST 15, 2007                           REGULAR BOARD MEETING                                   7:30 p.m.

Meeting was called to order at 7:30 p.m. with Board members Mark Tamblyn; James Henning; Bill Weidert, Dave Pattengale, Russ Kumbier and Chris Denman present.  Dean Stapleton was absent.

Betty Novy, Clerk-Treasurer; John Tierney, Engineer; and Lee Greivell, Building Inspector; were also present.

Pledge of Allegiance.

Kumbier moved, 2^nd by Pattengale to forego verbal reading of July 18, 2007 meeting minutes.  Motion carried.

Kumbier moved, 2^nd by Pattengale to approve minutes of the July 18, 2007 meetings as printed.  Motion carried.

Period for Public Comment:   There was none.

Department Reports:

Sheriff’s Department report.   A written report was submitted showing the following statistics for July:  two accidents; twenty-nine speeding citations, sixteen traffic citations, fifteen parking citations and ten warnings were issued.  Complaint statistics were as follows: twenty-nine complaints originated through calls directly to the Sheriff’s Department; Deputy Prochaska assisted with seventeen additional complaints, originated thirty-four on his own, and performed follow up on six.  He reported seventeen work days, 151.5 hours and 1,644 miles driven.  Two foot patrols were conducted.   A memorandum submitted by Deputy Prochaska detailed activities of the previous month.  Deputy Prochaska was not able to attend the meeting.

Sergeant Kacmarcik reported several arrests and a burglary in the Honey Lake area.  Gang activities have been curbed.  There was discussion regarding the re-routing of emergency services around the N. Rochester Street bridge closing.  Sergeant Kacmarcik indicated Waterford, Wind Lake and Rochester all respond for structure fires, so there will not be a problem in that area.  Rescue calls will continue to go to Rochester first.  There will not be much of a time gain if Waterford Rescue responds to the area north of the bridge.  All emergency agencies were notified of the bridge closing and will work with dispatch to determine any changes to assigned response areas.

Maintenance.   Brian Krueger reported keeping up with grass mowing.  Denman requested that the oil be changed on the lift station’s generator.  It ran one full night and should be checked.

Engineering.  John Tierney presented his written report as follows:

Tierney reported that no response had been received from “The Settlement” on construction of turn lane improvements for CTH J.  Consensus of the Board was to have the Village Attorney follow up with notice to the developer that the Village will proceed with the improvements by drawing funds from their letter of credit if they choose not to complete the work.

Building Inspection (Lee Greivell).    Lee’s written report was reviewed showing several permits for the month of July.   Lee reported another duplex permit for The Settlement, with two more to be issued shortly.  Pro-Health Care took occupancy the beginning of the month.  There was question on whether any properties in Phase 2 of the Settlement could be sold.  This is to be checked into with the Village Attorney.

Application for Special Exemption Permit to allow outdoor music: 

Chances Restaurant;  205 W. Main Street

Saturday, September 15, 2007, 9:00 a.m. to 4:00 p.m. (“Day in the Country” event)

Henning moved, 2^nd by Pattengale to approve a special exemption permit to allow outdoor music for Chances Restaurant on Saturday, September 15^th from 9:00 a.m. to 4:00 p.m.  Motion carried.

Status Update:  Millgate Center Development, LLC;  Jim Hurst

Denman reported Jim Hurst could not attend the meeting.  Denman met with him earlier in the week.  Street lights are in, turn lanes are constructed and the striping work done for the Millgate Center.  Jim requested the Village install a street light at the corner of S. Millgate Drive and Main Street, as previously discussed.  Tamblyn moved, 2^nd by Kumbier to have a Cobra street lamp with a cut off lens installed.  Motion carried.

First Reading:  Ordinance #2-2007 “An Ordinance to Amend Chapter 5, ss 5.20 and 5.20-1 of the Village of Rochester Municipal Code to Amend Certain Parking Restrictions

Denman reported on Ordinance Committee recommendations.  Ordinance amendments reflect removal of a fire lane that was discontinued; removal of a parking restriction on the south side of W. Fox Street; and allowance of 30 minute parking for the west side of Front Street south of State Street.  Parcel references were also updated to reflect tax key numbers currently in use.  Denman indicated the ordinance on Fox Street was to be written in such a way to restrict parking fifteen feet from the intersections.  Novy is to check if State Statutes already address intersection setbacks.  The Committee also questioned whether property owners adjacent to the fire lane at the termination of E. Fox Street might want to take ownership.  Novy is to issue a letter to both abutting property owners questioning their interest.

First Reading:  Ordinance #3-2007 “An Ordinance to Amend Chapter 15, s. 6.04 of the Village of Rochester Municipal Code to allow materials other than asphalt on driveway approaches in the right of way.

Denman reported the ordinance was written as a result of consideration at last month’s Board meeting and the Ordinance Committee.   The current ordinance requires all driveway aprons to be surfaced with asphalt.  The amendment allows property owners the option of installing a hard surface other than asphalt.  When road projects are done, the Village is to replace driveway aprons with asphalt unless the property owner wants to bear the expense of an alternative material.  Novy reported direction was given by the Ordinance Committee to include compensation for private individuals equal to the cost of installing replacement asphalt if they chose to install an alternative material.  The Village Attorney did not include this provision in the ordinance.  Concerns were stated that there could be open holes in those driveway approaches for an unspecified period of time while the homeowner arranged for installation of an alternative material; that the Village would have the additional administrative burden of determining dollar amounts for those driveway approaches; and an additional financial burden to compensate the property owners.  She did not recommend including such language.  Consensus of the Board was such that installation of alternative materials is to be done at the property owner’s sole expense with no compensation from the Village.  Tamblyn indicated preference that a time frame be specified for replacement of the driveway approach when the property owner is installing an alternative material.  Consensus of the Board was to direct the Village Attorney to include language specifying replacement of the approach within one year or that the Village would perform the work and charge the cost of doing so to the property owner.  The public hearing is to be scheduled for the September meeting.

Purchase of New Ambulance;  Dick Bosworth, Fire Chief

Dick Bosworth reported on Fire Company plans to trade in a 2001 ambulance for replacement.  The amount needed for purchase of a new unit is $70,934.  The Fire Company would like to finance the purchase using the type of arrangements approved in the past, whereby the Town and Village provide financing and the Fire Company makes annual payments with revenue received for ambulance runs.  Consensus of the Board was that this was acceptable.  Financing terms should be prepared for consideration at a future meeting.

Chief Bosworth indicated some concern over two new streets, Millgate Drive and Oak Hill Circle.  The streets have an un-constructed portion between them and each development has only one entrance.  He questioned when the connection will be made.  Board members indicated these are private roads, but noted the safety concern.  They will work with the Village Attorney and developer to see what can be done to address this.   Chief Bosworth also reported that notifications had been made to other emergency agencies regarding the N. Rochester Street bridge closure.

City of Burlington- Village of Rochester Cooperative Plan

Novy reported on terms of the plan.  The plan calls for attachment of specific parcels to the City of Burlington within a ten year term.  In the ninth year, property owners would have an option to petition to remain in Rochester if that is what they desire.  Once they do so, both Rochester and Burlington would have to agree. During Town Board consideration of this item, direction was given to contact the owners of parcels identified for attachment that exist south of Teut Road.  The Town Board would like to solicit the property owners input as to whether they want an option to attach to the City of Burlington in the future.  The Village Board concurred with that direction.  No other concerns were identified with the document.  Novy indicated the plan has been submitted to the City of Burlington for review.

Town of Rochester -Village of Rochester Cooperative Plan

Novy reported on further consideration of the plan by the Town of Rochester Board.  They requested several revisions to the plan as follows: 

In s. C “Establish Mechanism for Joint Planning” clarify that the Land Use Plan was created by a Joint Land Use Plan Committee.  The section now states the Land Use Plan was created by Town and Village Plan Commissions. 

In. s. C & D, they want language to clarify the Joint Land Use Plan is to be used as an advisory guide, and expressed concern over language that it will be used as the “framework” for all planning decisions. 

In s. D, they expressed concern over the sentence “Without provision of urban services, new development in the remaining Town territory with development potential could result in a patchwork of noncompact Town and “leap-frog” Village growth.”  They are concerned about how this sentence will affect or apply to rural development.   They want input from the attorney on this.

Also in s. D., they would like the sentence “The parties agree to the restriction and regulation of development in accordance with the provisions of this Plan” changed to read “The parties agree to the restriction and regulation of development in accordance with current Town and Village Plan Commission review and approval processes, including Town and Village Board consideration when offering final approval.”

Consensus of the Board was to wait until revisions are made to schedule a follow up meeting.

Flood Insurance Rate Map and Flood Insurance Study Review

John Tierney reported on recent updates to flood insurance maps created by FEMA.  The last updates were done in 1981.  Eighty maps were created to cover Racine County.  John printed out maps relevant to Rochester for review and comparison to see if any changes have occurred to floodplain designations.  Any objections are to be reported to FEMA within 30 days.  Consensus of the Board was to have the Plan Commission review the maps at their next meeting.  Tierney indicated the floodplain ordinance will have to be updated once maps are finalized.

Maryl Street Culvert/ Drain Tile System Update

Novy reported Racine County Public Works is scheduling repair to the culvert that runs under Maryl Street, including clearing the drainage easement area that runs along the Kircher property.  Tierney indicated cost estimates for replacement of the drain tile from CTH W to the river should be ready in time for the September meeting.  A request is to be made to Racine County Public Works to look at the drain tile clean out in Gypsy Lane and repair as possible.

N. Rochester Street Bridge Project Update

Novy reported on the pre-construction meeting held Thursday, August 9^th.  The project is scheduled to begin Monday, August 20^th, with an anticipated completion date of mid-October.  Construction meetings will be held every Wednesday at 8:00 a.m. at the field office.  Henning will attend the meetings and relay any items of interest to the Clerk for further relayance to Board members.  Tierney showed an exhibit for Rochester Street resurfacing beyond the scope of the bridge project, including widening of the east shoulder to provide a pedestrian path.   Novy was directed to submit the exhibit to the bridge contractor for two quotes to perform the additional work, one to include installation of a new culvert under Spring Street; and one to only extend the existing culvert six feet.  WRCSD is to be contacted regarding cost sharing once costs are known.

Tree Removal Proposals

Proposals were reviewed as follows:

Kumbier moved, 2^nd by Weidert to accept T & T’s proposal for tree removal work. Motion carried. Tamblyn will meet with Chuck to discuss peripheral projects.

2007-2008 Committee Assignments

Denman re-appointed all 2006-2007 committee members to 2007-2008 terms, with the exception of Plan Commission and Zoning Board of Appeals members whose terms had expired.  Dave Pattengale was appointed for a three year term to replace Judy Karweik on the Zoning Board of Appeals.  Denman will follow up with Plan Commission appointments in September.

Set date for Trick-or-Treat (for newsletter)

Kumbier moved, 2^nd by Pattengale to set trick or treat for Sunday, October 28^th from 4:00 p.m. to 6:00 p.m.  Motion carried.

Fall Newsletter presented for additions or corrections

Tamblyn requested the fax number be provided in the newsletter.  Pattengale moved, 2^nd by Kumbier to approve the newsletter for distribution.  Motion carried.

Correspondence was read from the United States Postal Service denying Rochester’s request for rural delivery out of the Rochester Post Office.

Committee reports:

Street:  Nothing to report.

Parks and Beautification:  Tierney indicated he will have plans done for the Rochester Commons parking area shortly.  When ready, proposals can be solicited.  Denman indicated he is working with his son to install concrete pads for the port-a-pottie.  Kumbier indicated Corey Kumbier’s Eagle Scout project has been approved.  The sign and landscaping will be installed in Spring.

Health Board:  Novy reported the first meeting of the Community Health Improvement Plan Committee is set for  Wednesday, August 29, 2007 at 4:15 p.m.  No one was able to attend.

Ordinance:  Nothing to report.

Racine County Comprehensive Plan Multi-Jurisdictional Advisory Committee: Pattengale reported on recent planning for outreach meetings.

Finance Committee:    Weidert read the report.  Pattengale moved, 2^nd by Kumbier to approve.  Motion carried.

Tamblyn moved, 2^nd by Kumbier to adjourn at 9:59 p.m.  Motion carried.

Denman questioned whether any contacts had been made on designing a historical façade for the Municipal Building.  Novy is to contact several universities and advertise the project.

Respectfully submitted,

Betty J. Novy, CMC

Clerk-Treasurer