June 20, 2007                                  REGULAR BOARD MEETING                                   7:30 p.m.

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

Henning was appointed President pro-tem.

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

Pledge of Allegiance.

Kumbier moved, 2^nd by Weidert to forego verbal reading of May 16, 23 & 29, 2007 meeting minutes.  Motion carried.

Tamblyn moved, 2^nd by Weidert to approve minutes of the May 16, 23 & 29, 2007 meetings as printed.  Motion carried.

Period for Public Comment:   Eugene Degner addressed the Board.  He requested placement of a Dead End or No Outlet sign on N. State Street.    Recently, there have been some issues with larger vehicles turning down the road and not being able to turn around.  Tierney indicated the most appropriate placement would be a No Outlet sign at the intersection of Front and Wade Streets.  Both Wade and State Streets offer no outlets from that point.    Weidert moved, 2^nd by Kumbier to have a No Outlet sign installed on Wade and Front Streets.  Motion carried.

Department Reports:

Sheriff’s Department report.   A written report was submitted showing the following statistics for May:  three accidents; twenty-one speeding citations, four traffic citations, sixteen parking citations and twenty warnings were issued.  Complaint statistics were as follows:  twenty-four complaints originated through calls directly to the Sheriff’s Department; Deputy Prochaska assisted with twenty-two additional complaints, originated forty-five on his own, and performed follow up on nine.  He reported nineteen work days, 165.5 hours and 1,721 miles driven.  Eighteen foot patrols were conducted. 

Deputy Prochaska reported on parking issues at the library and vandalism that has occurred at Case Eagle Park near the dam.  As to traffic, there have been no incidents associated with lane closures on STH 36 due to the by-pass project.  Weidert reported concern over increased dump truck traffic on CTH D and speeding.  Deputy Prochaska indicated only one dump truck receiving a citation to date.  He also reported a shift to later hours over the Summer. 

Maintenance.   Brian Krueger reported on graffiti at the Library.  Mary Stapleton arranged for some kids to paint the wall for community service hours.  Brian was directed to install No Outlet signs at Wade Street and on Millgate Drive.

Engineering.  A written report was submitted as follows:

Stapleton reported on a conversation with Lloyd Frye, owner of the property directly across from the Millgate Development.  Lloyd indicated no objection to a street light being installed at the intersection of Main Street and Millgate Drive. 

Building Inspection (Lee Greivell).    Lee’s written report was reviewed showing several permits for the month of May. 

Request for extension of Specific Implementation Plan approval/ amendment to Developer’s Agreement:    Roger Kieffer, Trail of Pines, LLC

Novy reported on the status of the Trail of Pines development.  The developer’s agreement and easements have been executed.  The declaration of condominium and by-laws were recently approved by the Village Attorney pending final review of several exhibits.  Nothing can be recorded until final approval by the Village attorney and submission of the appropriate Subdivision Bonds and/or Letter of Credit.  The terms of the ordinance require that the documents be recorded by June 21, 2007.  The developer is requesting an extension to the deadline.

Stapleton moved, 2^nd by Tamblyn to extend the deadline for recording these documents sixty days.  Motion carried.

Novy also reported on language in the developer’s agreement.  It refers to “subdivision bonds” instead of the more typical “letter of credit” to guarantee payment for development improvements. The Village Attorney drafted an amendment allowing substitution of a letter of credit.

Weidert moved, 2^nd by Stapleton to approve the “First Amendment to Developer’s Agreement “Trail of Pines Condominiums.  Motion carried.

Application for Special Animal Permit:  Timothy & Melanie Addis;  400 E. Main Street

Novy reported on a letter of application from residents Tim and Melanie Addis, 400 E. Main Street, to keep four dogs.  Village ordinance limits each home to a maximum of three adult dogs.  Melanie Addis addressed the Board stating she has four kids and four dogs.  The dogs are primarily kept in a kennel and they have plans to fence the yard.

Deputy Prochaska reported on four animal at large complaints on file for this address.  Two incidents involved neighbors, one incident involved a passer-by and the other was the result of his own observance of one of the family’s dogs lose in the street.  Deputy Prochaska reported an additional complaint had been taken a few days prior to the meeting.   Board member Jim Henning indicated he filed the complaint.  The dogs were in his yard. 

Weidert moved, 2^nd by Tamblyn to deny the Special Animal Permit.  Motion carried. 

Stapleton moved, 2^nd by Tamblyn to give Tim and Melanie Addis thirty days to remove one of the four dogs from their premises.  Motion carried. 

Liquor License Renewals:

Novy reported background checks were reviewed on all operator’s licenses with no violations found.   Grease removal receipts were received from both Coral Reef and Chances.  Grease trap inspections were also performed.  The Building Inspector found all traps to be in good working order and cleaned regularly.  Fire Inspections were also completed on each facility, with no violations found.

Rochester Mini Mart, 605 S. Front Street: Class “A” Liquor & Beer, Cigarette, Soda.  
Operator’s License Renewals: Patricia Beardsley, Kathleen Wiesend

Several issues were discussed in regards to this renewal.  A citation was issued on April 25, 2007 for sale of alcohol to minors at this location.  Another sale of alcohol to minors offense occurred in April of 2006. The 2007 citation was written to a store clerk that does not hold an operator’s license in the Village.  The police report states only one clerk was in the store at the time the violation occurred.  Anyone selling alcohol needs to be under the direct supervision of the store owner or another employee with the privilege of an operator’s license.  This was another violation of State law.   Additionally, a sale of tobacco products to minors citation was written for this location in December of 2005. 

Tamblyn moved, 2^nd by Kumbier to approve all license renewals for the Rochester Mini Mart, including operator’s licenses for Patricia Beardsley and Kathleen Wiesend, contingent on the owner attending the July 18^th meeting of the Village Board to explain what actions are being taken to address recent violations. The owner is to supply a list of employees for the meeting that indicates which individuals hold an operator’s license.  Motion carried.

Coral Reef Steak & Seafood House, 705 S. Front Street: Class “B” Liquor & Beer, Soda. 
Operator’s License Renewal: Curtis D. Reesman 

Novy reported on receipt of a letter from the Department of Revenue directing that this license be withheld due to a tax delinquency.   Stapleton moved, 2^nd by Kumbier to approve all license renewals for Coral Reef Steak & Seafood House, including an operator’s license for Curtis Reesman, contingent on a letter of release from the Department of Revenue.  Motion carried.

Chances Restaurant, 205 W. Main Street: Class “B” Liquor & Beer, Soda, Cigarette

Operator’s License Renewals: Nathan Longo, Jill Conti, Daniel Pellin, Kim Schweitzer, Judy Hegemann

It was noted Chances did not apply for a Dance Hall license.  The Clerk was directed to follow up as to whether this was an oversight or whether a license was no longer needed.  Kumbier moved, 2^nd by Weidert to approve all license renewals for Chances Restaurant, including operator’s licenses for Nathan Longo, Jill Conti, Daniel Pellin, Kim Schweitzer and Judy Hegemann.  Motion carried.

Report on Gypsy Lane/ Maryl Street Drainage

John Tierney displayed an overlay of the referenced drain tile on a current parcel map that includes the names of involved property owners.  He reported on a meeting with Art Kichen from the U.S. Fish and Wildlife Service and Chris Birkett, the Town’s Public Works Supervisor.  They met at the Wegge property ponds to discuss proper operation of the gate valve, topography and drainage. The ponds are approximately 1 – 1.5 feet higher than design level.  The gate valve had been opened which controls the level of the ponds.  The gate valve opens into a six inch drain tile that then flows into the twelve inch tile which also serves Gypsy Lane.   Tierney indicated the water is flowing through the tile, but it may not be of an adequate capacity to handle the amount of surface water it now drains.  The tile was sized for farm fields, not surface water run off.  The tile path runs through several treed areas.  Another possibility is that roots have grown into the line and are restricting the flow. 

Novy reported on some exploratory work Racine County Public Works performed on the culvert that crosses the Maryl Street cul-de-sac.  The top of the culvert is raised approximately six inches due to freeze and thaw cycles.  There is only a minimal amount of asphalt covering it.   It is also rusted through in several areas.  The County can replace the culvert at its original elevation and dig out the ditch to clear growth and debris.  An approximate cost of $2,500 was quoted to replace and lower the 55-foot long culvert.   

Tierney indicated concern regarding changing the elevation of the culvert and the affect it could have on overall drainage.  He suggested having a survey team shoot elevations from Maryl and through the drainage easement on Tom Kircher’s land.   The easement area could also be cleared and swaled to direct water away from houses.  John also indicated concern about the box structure through which the drain tile exits.  He feels the structure is deteriorating and would like to see it replaced with a pre-cast manhole structure.  However, he believes the structure exists on private property and this may not be feasible without an easement.  Installation of inspection manholes adjacent to the culvert that crosses CTH W may offer additional assurance that the tile is flowing effectively.  However, this would require permission from Racine County.

Tamblyn moved, 2^nd by Stapleton to have John move forward shooting elevations around Maryl Street and to follow up by providing the correct elevations for replacement of the Maryl Street culvert and drainage swale, and to prepare a recommendation on whether to  repair the box structure at the end of the tile line, install inspection manholes, or to run a pipe down to the river.  Motion carried.

Cost Estimates- Rochester Street Resurfacing

John Tierney reported an estimate of $10,000 to resurface N. Rochester Street from E. Spring Street to the bridge, including an eight foot extension to accommodate bicycle and pedestrian traffic.  It was noted that the Western Racine County Sewerage District is willing to contribute toward the project as compensation for damages caused by construction equipment that was used on their force main project.  Consensus of the Board was to offer the work to the bridge contractor if they agree to honor bridge bid prices for material quantities applied to this project.  If not, they will consider bidding the project separately.

Stapleton moved, 2^nd by Kumbier to have Baxter-Woodman draw up plans and specifications for resurfacing, including the eight-foot extension.  Motion carried.

Joint Resolution #1-2007 “Authorizing the submittal of a state grant application and the subsequent appropriation of Village and Town Funds for a Household Hazardous Waste Collection Program for the Village and Town of Rochester”

Novy reported several inquiries about offering this program again, including Senator Lehman who noted concern expressed by residents at a recent listening session hosted at the Rochester Public Library.   The 2008 grant application is written for $14,400.  The DNR would cover 75%, or $10,800, if the application is approved.  Application is contingent on approval by the Town of Rochester Board. 

Kumbier moved, 2^nd by Tamblyn to approve Joint Resolution #1-2007 applying for a Household Hazardous Waste Collection grant.  Motion carried.

Review of Assessor’s Salary

Novy reported a request by the Assessor to increase her annual maintenance salary $100 to $3,100.  Stapleton moved, 2^nd by Henning to approve an increase of $100.00 to the Assessor’s salary.  Motion carried.

Resolution #7-2007 Wisconsin Department of Natural Resources NR-208- Compliance Maintenance Report regarding the Village’s Wastewater Collection System

Stapleton moved, 2^nd by Weidert to approve Resolution #7-2007.  Motion carried.

Tree Removal Proposals

Tamblyn reported he is still working on obtaining tree removal bids for the Winski property and trees on Rochester and E. Fox Streets.  Consensus of the Board was that two quotes should be sufficient.  Tamblyn will email quotes for approval prior to the next meeting.

Request for Proposals- Municipal Building Exterior

Novy reported that the need to improve the exterior of the Municipal Building has come up several times over the past couple of years and on Town Board consideration of this issue.  They approved advertising and/or soliciting interest from one of the local colleges or high school as a project.  Weidert moved, 2^nd by Kumbier to follow through with either approach.  Motion carried.

Appointment of NIMS Coordinator/ Point of Contact

Kumbier moved, 2^nd by Stapleton to appoint Elmer Baumeister as the Village’s NIMS Coordinator/ Point of Contact, with Dick Bosworth and Betty Novy to serve as alternates.  Motion carried.

2007-2008 Committee Assignments

This item was tabled due to the absence of the Village President.

Correspondence:    None.

Committee reports:  Street:  Tamblyn reported on recent issues with the lift station.  Denman and Tamblyn would like the electrical contractor list updated in the lift station; as well as the number of Jeff Bratz, Western Racine County Sewerage District Plant Operator, posted.   Bratz is also to be given a key to the station.  Parks and Beautification:  Tierney presented revised numbers for the library park parking lot.  Basic costs were estimated at $23,000, including a boulder retaining wall.  Future costs were estimated at $7,000 for an asphalt surface.  An additional $11,000 was specified for a storm sewer option.  Excavation material was to be used on site to grade out and level the baseball field and playground areas.  Weidert moved, 2^nd by Kumbier for Baxter-Woodman to draw up plans for the parking area.  Motion carried.  Finance:  Weidert read the monthly report.  Kumbier moved, 2^nd by Tamblyn to approve.  Motion carried.

Stapleton moved, 2^nd by Kumbier to adjourn at 9:24 p.m.  Motion carried.

Respectfully submitted,

Betty J. Novy, CMC

Clerk-Treasurer