May 16, 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; Russ Kumbier; Dave Pattengale; and Chris Denman present. Bill Weidert was absent.
Betty Novy, Clerk-Treasurer, John Tierney, Engineer, and Lee Greivell, Building Inspector, were also present.
Pledge of Allegiance.
Kumbier moved, 2nd by Henning to forego verbal reading of April 18 & 25, 2007 meeting minutes. Motion carried.
Pattengale moved, 2nd by Henning to approve minutes of the April 18 & 25, 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 April: two accidents; eight speeding citations, nine traffic citations, nine parking citations and twenty-one warnings were issued. Complaint statistics were as follows: thirty-six complaints originated through calls directly to the Sheriff’s Department; Deputy Prochaska assisted with twenty-five additional complaints, originated twenty-six on his own, and performed follow up on one. He reported nineteen work days, 169.75 hours and 1,681 miles driven. Three foot patrols were conducted.
Sergeant Kacmarcik reported no special operations planned for Alpine Valley concerts this year. Pattengale reported a youth on a four-wheeler that he continually observes driving along the shoulder of N. Browns Lake Road. He considers this a hazard and questioned the legality of this activity. Deputy Prochaska will be informed to follow up. Kacmarcik reported on temporary closures and diversions that will be occuring with the STH 36 by-pass project.
Novy reported on a complaint of people camping on the County land on N. Rochester Street. It was verified Racine County Park ordinances apply to the area and the information was passed on to Deputy Prochaska for enforcement. The complainant was notified to contact the Sheriff’s Department if she observes this activity again.
Maintenance. Brian Krueger was directed to spread recently delivered wood chips in the playground area at Rochester Commons Park.
Engineering. A written report was submitted as follows:
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“The Settlement of Rochester” Condominiums |
· Working with Clerk and Attorney regarding LOC reduction and payment for Millgate installed Sanitary Sewer on Settlement. |
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Millgate Center |
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Trail of Pines |
· Coordinate a pre-construction conference when the developer is ready to proceed. |
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Maryl Street Drainage Investigation |
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Library Park Parking |
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John reported “The Settlement’s” new site superintendent is being pro-active with DNR erosion control requirements. The site is being hydro-seeded. The punch-list of items to complete for Millgate was reviewed. Denman reported on a street committee visit to the N. Rochester Street bridge area. A WRCSD (Western Racine County Sewerage District) representative has agreed that the district will provide a monetary contribution towards resurfacing the edge of pavement damaged by their contractors during the force main project. John Tierney is to provide a cost estimate for the work based on measurements three feet in from the edge of pavement. WRCSD is willing to consider a percentage of these costs. Tamblyn will be double checking with Jeff Bratz, WRCSD Plant Operator, on this issue.
May 16, 2007 REGULAR BOARD MEETING 7:30 p.m.
Building Inspection (Lee Greivell). Lee’s written report was reviewed showing several permits for the month of April. Lee reported remodeling of the Willard house on S. Water Street has begun. He has also been performing routine silt fence inspections for both Millgate and The Settlement.
Request for cost reimbursement for sewers installed in “The Settlement”:
Jim Hurst, Commercial Construction Consultants
Jim Hurst addressed the Board. He explained “The Settlement” has reimbursed him $10,000 for sewer work that was performed in that development. A Partial Waiver of Lien was issued for that amount. Jim will be negotiating the balance of costs with “The Settlement”. However, he requested that the Village retain enough monies in “The Settlement’s” letter of credit to cover those additional costs until such time as they are paid. Jim was informed that those monies will not be released until lien waivers are presented. Hurst also requested that a temporary “No Thru Traffic” or “Dead End” sign be placed at the entrance of Millgate Drive. There seems to be a lot of traffic turning down the road only to discover it is still a dead end. Novy will check on whether a sign if available for this purpose.
Request for Reduction in Letter of Credit: “The Settlement”
John’s Tierney reported on his recommendation to reduce “The Settlement’s” letter of credit from $573,732 to $533,794. The balance covers the estimated cost of remaining work, legal, engineering and a 15% guarantee for all improvements. Stapleton moved, 2nd by Kumbier to reduce “The Settlement’s” letter of credit to $533,794 contingent on receipt of lien waivers for sewer construction work included in the reduction. Motion carried.
Request for Reduction in Letter of Credit: “Millgate Development, LLC”
John Tierney reported on his recommendation to reduce “Millgate Development’s” letter of credit to $40,000. Sewer and turn lanes are substantially complete. Pattengale moved, 2nd by Stapleton to reduce “Millgate Development LLC’s” letter of credit to $40,000 contingent on receipt of lien waivers for sewer construction work. Motion carried.
Banner Request: St. Thomas Fair Committee
Michelle Bowen and Tom Krien of the St. Thomas Fair Committee addressed the Board requesting to hang a banner across the road at the intersection of County Roads D and W. Consensus of the Board was that they did not have the authority to grant the request because of the roads status as a County highway. The proposal was to hang the banner across two electric poles. No objections were stated as long as proper safety measures were used.
Rezoning Ordinance #1-2007 to
change the zoning at 103 N. Front Street from
“R-2” Single Family Residential to “R-3” One or Two Family Residential
Novy reported that the ordinance was drafted per the Board’s direction after the public hearing was held in April. Kumbier moved 2nd by Henning to suspend the rules that require a second reading of an ordinance. Motion carried. Kumbier moved, 2nd by Henning to approve Ordinance #1-2007. Motion carried.
Gypsy Lane/ Maryl Street Drainage Update
Novy reported on recent contact with DNR representatives to determine out how control valves are supposed to be working on a pond that was installed on the Earl/Wegge property about five years ago. The valve was installed as part of a wetland restoration project. At this point, it is uncertain how much of an impact this has on the drain tile system serving Weber Estates. Consensus of the Board was to wait for further input from the DNR on this matter.
Review legal correspondence on Boundary Agreement options; set date for next meeting
Correspondence was reviewed and a date of Wednesday, May 23rd was set for a Joint Village/ Town Board meeting. The agenda is to be created in a basic outline format detailing items needed to be addressed for inclusion in the Boundary Agreement.
N. Rochester Street Bridge- Bids and Cost sharing
Novy reported the low bidder on the project as Vista Ruzik, LLC for $400,822.19. The State administers award of the construction contract. A spreadsheet was reviewed showing revised cost sharing figures for Federal, the Village of
May 16, 2007 REGULAR BOARD MEETING 7:30 p.m.
Rochester and the Racine County Drainage Board. A Revised STP-Local Bridge Agreement reflected the updated figures and verified the federal cap for construction costs on the project had been lifted. Stapleton moved, 2nd by Pattengale to approve the revised agreement dated May 14, 2007. Motion carried. Novy is to direct correspondence to the Racine County Drainage Board notifying them of the project’s award and revised cost figures.
N. Rochester Street Damage Assessment/ Update
It was noted this issue was discussed under the engineering report. Tamblyn will be contacting Jeff Bratz of the Western Racine County Sewerage District and take pictures of the condition of the road surface. .
Rochester Community Newsletter
Novy presented a new format for the newsletter including both Town and Village news. The proposal was to distribute one newsletter to both communities, replacing current separate issues. Kumbier moved, 2nd by Henning to approve the newly formatted newsletter for distribution. Motion carried.
Correspondence from Racine County Public Works was read regarding street closing approval for the Memorial Day parade.
Committee reports:
Street: Tierney reported on a tree at 208 S. State Street that appears to be dead. Novy relayed a complaint from S & J Bus Company regarding trees north of the bridge on Rochester Street. The trees are hanging too low and have been damaging antennas that are on top of the buses. Tamblyn will follow up on tree removal and trimming. Tamblyn reported possible parking restrictions that were discussed at the previous street committee meeting. Committee members noted difficulty turning corners in the Weber Estates Subdivision where Renee and Ryan Streets intersect with Stephanie Street. The difficulty presents when vehicles park along Stephanie Street within the parameters of the intersection. This affects the allowable turn radius. The committee suggested prohibiting parking the whole length of Stephanie Street, or within 15 to 20 feet of the intersections. Novy indicated completely restricting the road would cause hardship for the rental properties, which generally have limited driveway parking to begin with. Also discussed was the lack of stop signs in Weber Estates. There are no stop signs at the intersections within the subdivision. There was discussion on whether stop signs were necessary due to limited traffic and low speeds. Consensus of the Board was to lay the item over for consideration at the June meeting.
Parks and Beautification: Henning reported on plans recently discussed for Rochester Commons Park. Plans were presented for a parking area on Wade Street. Retaining wall blocks will be necessary for the area that cuts into the hill. Railroad ties were originally discussed as an option, however the committee agreed the increased cost of retaining block would pay for itself in longer life and less maintenance. The parking area will be traffic bond for at least a couple of years until Wade Street is resurfaced. At that time, they will consider asphalting the area. A split rail fence is also to be installed along Wade Street to deter neighborhood children from going up and down the ditch on their bikes. A quote of $6.00 per foot was received. Denman will measure the length. Denman will also work with his son regarding installation of a cement pad for the port-a-potty. Kumbier will work with his son to plant flowers around the flagpole in Pioneer Park before Memorial Day. Novy will purchase the flowers.
Ordinance Committee: John reported FEMA had updated their flood insurance maps and flood plain elevations. Information will be forthcoming.
Racine County Comprehensive Plan Multi-Jurisdictional Advisory Committee: Pattengale had nothing new to report.
Finance: Denman read the cash sheet. Pattengale moved, 2nd by Stapleton to approve. Motion carried.
Tamblyn moved, 2nd by Kumbier to adjourn at 9:52 p.m. Motion carried.
Respectfully submitted,
Betty J. Novy, CMC
Clerk-Treasurer
May 23, 2007 SPECIAL JOINT TOWN/VILLAGE BOARD MEETING 7:00 p.m.
Meeting was called to order at 7:00 p.m. with Gary Beck, Mike Weinkauf and Paul Beere present from the Town Board; and Chris Denman, Russ Kumbier, Bill Weidert, Dave Pattengale and Mark Tamblyn present from the Village Board. Jim Henning and Dean Stapleton were absent.
Betty Novy, Clerk-Treasurer, was also present.
Town and Village of Rochester Cooperative Plan Agreement
Correspondence from Atty. John Hotvedt was reviewed explaining the results of a conference call with George Hall, Department of Administration. Several issues were explained, including mandatory vs. voluntary attachments, revenue sharing, cost and procedures of voluntary attachments and the next steps Town and Village of Rochester should take in their boundary agreement.
Determine method of jurisdictional transfers (attachments)
Consensus of both Boards was that voluntary attachments throughout the agreement term is the preferred method of jurisdictional transfer, with complete consolidation of Town and Village territory into one Village at end of term.
Determine appropriate term for agreement
Based on initial input by George Hall, consensus of both Boards was that ten years is appropriate.
Discuss current financial status and determine plan to equalize mill rates between Town and Village throughout agreement term
A handout was reviewed showing current year budgets, capital balances and mill rates of Town and Village. The 2007 equalized mill rate for the Town of Rochester was $2.158; the 2007 equalized mill rate for the Village of Rochester was $2.015. The Town of Rochester showed a 2006 year-end capital balance of $255,373, with $161,710 carried over to the 2007 budget. The Village of Rochester showed a 2006 year-end capital balance of $208,951, with $45,000 carried over to the 2007 budget.
Consensus of both Boards was that mill rates are in line at this time. Budgets and mill rates are to be compared annually throughout the agreement term to ensure they are staying within an acceptable range of each other. Shared service contracts and costs shall continue to be allocated to each municipality based on an equalized value basis when appropriate. This will address the financial adjustments that may become necessary when jurisdictional transfers occur over the agreement term.
Discuss opportunities to merge service contracts throughout agreement term
Existing contracts of which both Town and Village of Rochester are parties were identified as follows:
Rochester Volunteer Fire & Rescue Company; a contract to fund and provide fire protection and emergency medical services to both municipalities (and a portion of the Town of Spring Prairie);
Racine County Sheriff’s Department; a contract to fund and provide the services of one full-time deputy and squad exclusive to Town and Village of Rochester;
Rochester Public Library, a contract to fund and operate a joint public library;
Western Racine County Health Department, a contract to fund and provide public health services to Town and Village of Rochester (and Town of Raymond, Town of Waterford, Town of Yorkville, Town of Dover, Town of Burlington, Town of Norway, Village of Waterford, Village of Union Grove, City of Burlington);
Countryside Humane Society, a contract to fund and provide animal control services to Town and Village of Rochester (and all other municipalities within Racine County);
Western Racine County Sewerage District, a contract to fund and operate a sewage collection system and treatment plant to provide service to Town and Village of Rochester (and Town and Village of Waterford); and
Rochester Municipal Building and Operation of a Joint Administrative Office, an agreement to fund and operate a joint municipal building, including staffing and administrative functions of a joint Clerk-Treasurer’s office.
Existing contracts which Town and Village negotiate separately with the same provider were identified as follows:
Snowplowing
Garbage and Recycling
Auditor
Assessment
Engineering
Existing contracts that Town and Village negotiate separately with different providers were identified as follows:
Building Inspection Services
Annual Road Maintenance
Throughout the agreement term, contracts are to be monitored and terms considered so that contracts can be aligned to terminate at the same time. Contracts are then to be re-negotiated jointly.
Discuss status of infrastructure and set goals for end of term
Separate handouts were provided showing existing segments and mileage of Town and Village roads. Roads were segregated between those that had been resurfaced within the previous ten years; and those that will likely need resurfacing with the next ten years. Town roads totaled 16.16 miles; with 13.22 miles resurfaced or newly constructed within the previous ten years. Village roads totaled 3.9 miles, with 2.34 miles resurfaced within the previous ten years.
It was verified both Town and Village Sewer utilities participate in periodic televising of their sewer lines, with repairs performed when found necessary.
Consensus of both Boards was that each municipality is to maintain infrastructure at their current level and perform major projects as necessary throughout the term of the agreement. Any projects that require financing terms exceeding the agreement’s ten year term are to require both Town and Village Board approval. Discussion was also given to the concept of combining annual street and road maintenance programs when feasible and allocating costs based on mileage percentages.
Discuss current debt levels and set target levels for end of term
Debt repayment schedules for Town and Village of Rochester were reviewed. All existing debt will be retired by 2016. Consensus of both Boards was that any new debt payment schedules which exceed the term of the boundary agreement are to require approval of both Town and Village Boards. When new debt benefits assets or services enjoyed by both Town and Village, payment on such debt shall be analyzed annually so that each municipality pays a percentage of annual payments derived by dividing that municipality’s equalized value by the total equalized value of town and village for the preceding year. When new debt benefits assets or services of only one municipality, that municipality shall incur the full payment of such debt until such time as Town and Village are merged.
Discuss mechanisms for Joint Planning
Immediately following execution of the boundary agreement, Town and Village Boards shall each appoint one representative to serve as a non-voting member on the other’s Plan Commission. This member is to act as a liaison, reporting items of interest back to Town and Village Plan Commissions and Boards, providing input as warranted.
A clause is to be included in the boundary agreement that allows the Town and Village to purchase and/or acquire land for potential development of a business park or other public purposes if such land would become available during the term of the agreement. Creation of one or more TIF districts are also to be allowed. Both of these items are to be subject to approval by both Town and Village Plan Commissions and Boards.
Another clause to be included in the boundary agreement pertains to “gray areas”, defined as those areas that may annex to abutting municipalities during the term of the agreement. Town and Village of Rochester Boards would like input on development in those areas to assure development plans are compatible with existing development in Rochester and will not de-value those properties.
Determine timeline for:
Ordinance comparison and text changes
Creation of a joint Zoning map and ordinance
Beginning in 2008, a joint committee will be formed. Each municipality will appoint two individuals to the committee, with citizen members receiving per diem compensation.
The committee will be charged with the following tasks:
merging municipal codes of both municipalities into one;
creating a zoning map that encompasses both territories;
creating a comprehensive zoning ordinance that encompasses those zoning districts currently used by Racine County in the Town of Rochester. Care is to be taken to duplicate language to the extent that adoption of a new zoning code will not create numerous non-conforming instances in Rochester;
determining what zoning functions Rochester may need to provide independently that Racine County now provides;
identify options to provide such services;
study the feasibility of creating a water district; and
if feasible, define such area.
Consensus of Both Boards was to refer this information to Atty. John Hotvedt for inclusion in the Rochester Boundary Agreement. Upon inclusion of these items, a draft copy of the agreement is to be distributed to Board members for review and input. After input is addressed, the draft should be forwarded to George Hall at the Department of Administration for input. The revised draft should be prepared within 30 days of this meeting, with a new meeting date to be set upon receipt of the revised document.
Mike Weinkauf moved, 2nd by Russ Kumbier to adjourn at 8:26 p.m. Motion carried.
Respectfully submitted,
Betty J. Novy, CMC
Clerk-Treasurer
MAY 29, 2007 SPECIAL BOARD MEETING 8:15 P.M.
Meeting was called to order at 8:15 p.m. with Board members Dean Stapleton; James Henning; Russ Kumbier; Dave Pattengale; and Chris Denman present. Mark Tamblyn and Bill Weidert were absent.
Betty Novy, Clerk-Treasurer, and Lee Greivell, Building Inspector, were also present.
Determine policy for structures built without Building Permits during previous building inspector’s tenure
Denman reported on a complaint that was received about a structure that had been built without a permit about three years ago. A neighbor complained that it was in the floodplain. The property owner was contacted and reported difficulty reaching the building inspector at that time. Because of their frustration, they built the structure without the permit. Denman stated there was a period of time when the previous building inspector had several personal issues going on which made him difficult to reach. Denman reported having these same difficulties during that time period. Because of this, Denman asked that the Board consider adopting a policy to waive applicable double fee requirements and penalty provisions when it is discovered that a permit was not obtained during the time period when the previous building inspector may not have been performing his duties as diligently as he should have.
Stapleton moved, 2nd by Kumbier to adopt a policy to waive applicable double fee requirements and penalty provisions when it is found that necessary zoning and/or building permits were not obtained from the previous building inspector for the period of January 1, 2004 through March 1, 2006. Motion carried. It was clarified that fees in affect at the time of application and current zoning requirements are to apply to these situations.
Regarding the floodplain issue, the building inspector was directed to forward a zoning application and require that the property owner submit an as-built survey showing the location of the structure in relation to the floodplain and other structures on the lot. If the structure meets zoning requirements, this should be followed up with a building permit application and required inspections. If not, the property owner is to be notified of what steps are necessary to correct the zoning violation.
Pattengale moved, 2nd by Kumbier to adjourn at 8:48 p.m. Motion carried.
Respectfully submitted,
Betty J. Novy, CMC
Clerk-Treasurer