August 10 2009  Regular Meeting

August 24 2009 Special Meeting

August 10, 2009                                 VILLAGE BOARD MEETING                             7:00 p.m.

In the absence of the Village President, Novy performed roll call at 7:00 p.m.

Gary Beck, Chris Bennett, Ed Chart, Chris Johnson, Bob Lancour, and Mike Weinkauf were present.  Paul Beere was absent.

Betty Novy, Clerk-Treasurer;  John Tierney, Engineer; and Christopher Birkett, Public Works Director were also present.

Bennett moved, 2^nd by Johnson to appoint Gary Beck President Pro-tem to conduct the meeting and sign any necessary documents.  Motion carried.

Pledge of Allegiance.

Minutes.  Weinkauf moved, 2^nd by Bennett to approve minutes of the July 13, 2009 meeting as printed.  Motion carried.

Period for Public Comment (for items not on the agenda).  John Lutz, Chairman of the Honey Lake Protection and Rehabilitation District, introduced himself to the Board.  He hopes to have as good a working relationship with the Village Board as the District had with the Town Board in the past.

Department Reports:

Sheriff’s Department. 

Deputy Castillo submitted a written report showing the following statistics for July:  two accidents; seven speeding citations, six traffic citations, five parking citations and eleven warnings were issued.  There were two arrests.  Complaint statistics were as follows:  nineteen complaints originated through calls directly to the Sheriff’s Department; Deputy Castillo assisted with eight additional complaints, originated thirty-three on his own and performed follow up on nineteen. He reported seventeen working days, 133.5 hours and 1,098 miles driven.  Twenty-one foot patrols were conducted. 

Castillo reported continued activities regarding the junk vehicle article in the June newsletter.  Some vehicles have been removed.  He is still receiving new reports and continues to work towards compliance with several property owners.  He reported working with emergency crews to address several trees that had gone down the previous day due to a storm.  There have been only four hours of parking enforcement this year.  The department will increase the time spent on this item as winter approaches.  Honey Lake Subdivision hosted a “National Night Out” event the previous Saturday.  The event went well.  Representatives from the Fire Department and both Racine and Walworth County Sheriff’s Departments attended.  There were no Evergreen Drive parking issues the previous month.  The parking situation on Evergreen Drive was discussed and the common consensus was that there was not enough shoulder to accommodate  additional parking.   Special attention to speeding enforcement was requested for both Heritage Road and Langmaid Street. 

Castillo talked to both the Racine County engineering department and Deputy Formalo regarding accidents on Academy Road and Heritage.  Novy reported sending a letter to Deputy Formalo asking assistance on this issue as well.    Castillo also reported working on a zoning issue with Jon Schattner regarding a refrigerator truck that is being parked overnight at a residential property on N. Honey Lake Road.   He also reported the community garden sells their produce Wednesdays at 10:00 a.m. at the library.

2010 Law Enforcement Contract

The Public Safety Committee reported their recommendation that the 2010 contract be approved.  Weinkauf moved, 2^nd by Bennett to approve the 2010 Law Enforcement Contract with the Racine County Sheriff’s Department as presented.  Motion carried.

Public Works.   

Birkett’s written report was reviewed follows:

Lift Station:  Weekly maintenance and exercise.  Pump one in the E. Main Street station has been rebuilt and installed.  Pump two is out and being rebuilt.  Expect it back in a week or so.  I called L.W. Allen for a station check in Fox River Prairie, our transducer was reading incorrectly.  This would explain the alarms I’ve been receiving and also why the adjustments made to the panel were not working for any length of time.  We have a new transducer now and it seems to be working well.

Parks:   With the dry weather this past month, I’ve instructed Global Landscape to skip cutting on a weekly basis.  Library will not be painting picnic tables.  They feel the time is too short for their summer program.

Roads:  Still working on shoulder erosion and potholes.  Trees have been removed from N. Rochester Street.  Storm clean up is complete.

Animal Control:  Quiet this past month.

Miscellaneous: Staying current with most things.  Nothing important to report.

Chris noted five trees had gone down Sunday during the storm and were cleared from the roads by 7:30 p.m.

Extension of Snowplowing Contract

Birkett reported on Public Works Committee review of T & T Tree Service’s proposal to renew the existing snowplowing contract for three years at the same price.   This will allow the contractor sufficient guarantees to build a salt shed on his property.  Weinkauf moved, 2^nd by Lancour to approve the contract extension with T & T Tree Service for three years at the same price.   Motion carried.

Fox River Prairie Subdivision Storm Sewer Grate Repair

Birkett reported on Public Works Committee review of several proposals to repair a catch basin and surrounding curb in Fox River Prairie Subdivision.  They recommended the work be awarded to Pave Tech, Inc. for $1,866.  Bennett moved, 2^nd by Johnson to have Pave-Tech perform the work for $1,866.  Motion carried.

Camelback Farms Subdivision Culvert Repair

Birkett reported on Public Works Committee review of several proposals to extend a culvert in Camelback Farms Subdivision.  They recommended the work be awarded to Reesman’s Excavating for $800.  Weinkauf moved, 2^nd by Bennett to have Reesman’s Excavating perform the work.  Motion carried.

Tree Removal: E. Main and Washington Streets

Birkett reported on Public Works Committee review of several proposals to remove a dead tree located just north of the intersection of E. Main and Washington Streets.  Bennett moved, 2^nd by Chart to have Michelau Tree Service perform the work for $480.  Motion carried. 

Engineer.  Tierney’s written report was reviewed as follows: 

Trail of Pines Condominiums:  Excavation contractor filled in low point to eliminate ponding water and spread topsoil and seed throughout the site to landscape the project.

Coyote Territory Subdivision:  No construction activity this period.

Rookery Landing Subdivision:  Coordinate with Village staff and design engineer regarding outstanding invoices.

Rochester Street Bridge:  Attend joint meeting with State, design engineer and Village officials, if needed.

2009 Street Improvements- Design:  Bid opening was August 6, 2009.  Make award recommendation and coordinate with successful bidder for submittal of bonds and insurance.

Settlement of Rochester Condominiums:  Coordination with Village staff regarding bank take over of erosion tasks.  WE Energies and TDS Telecom appear to have relocated their line on County Highway J.

Regional Drainage Concern Consultation:  Prepared work order for preparation of a report for the Ag School Drain Tile basin.

Millgate C-Store Plan Review:  No activity this period.  Review detailed site plans when submitted.

Tierney and Birkett reported on follow up communications with Settlement condominium owner Tom Iverson regarding lighting the intersection at County Highway J and Settlement Drive.   They are continuing to look at options.  Bids were received on the Evergreen Drive resurfacing project as follows:  $143,876 from Payne & Dolan; and $151,455 from B.R. Amon.  They recommend award to Payne & Dolan, but suggest the Village wait to award the project until Evergreen Drive sewer lateral televising results are known.  Consensus of the Board was to schedule a special meeting for Monday, August 24^th at 7:00 p.m. to review televising results and make a decision on whether to proceed with the re-surfacing project this year.

“Day in the Country” Plans:  Stacy Kopchinski

Stacy Kopchinski addressed the Board regarding the “Day in the Country” event scheduled for Saturday, September 19^th from 10:00 a.m. to 4:00 p.m.  She requested that:

• N. State Street be closed from the post office parking lot to the library for antique car parking;   
• that the gravel shoulder across from the bank in Pioneer Park be posted no parking to allow better access to activities in the park;
• that outdoor music be allowed between Chances Restaurant and the Stir Crazy Coffee Shop;
• that the one-way section of S. State Street be closed to accommodate vendors and a farmer’s market; and
• that the Village fund two port-a-pots and one hand-washing station for the event.

Bennett moved, 2^nd by Johnson to grant the requests.  Motion carried.

Honey Lake Protection and Rehabilitation District (HLPRD) Request for Levy Increase

John Lutz, Chairman of the HLPRD District Board, requested a $5,000 increase to the district’s street and lights levy for 2010.  He explained snowplowing costs have skyrocketed over the past several years; they have two resurfacing projects coming up and need to continue maintenance for three miles of road.  Novy explained the Honey Lake Street and Lighting District is considered a special purpose district for the Village.  The state considers the district’s levy part of the Villages and a 3% levy limit applies for 2010.  To accommodate the district’s request, the Village will have to shift funding from other budget categories.  Lancour moved, 2^nd by Bennett to refer the request to the Finance Committee with additional direction that they to try to accommodate the increase in funding.  Motion carried.

Resignation of Atty. Kircher and confirmation of continued appointment of Marcia Hasenstab as Village Attorney, minus litigation services

Correspondence from Kircher Law Office was read notifying the Village of Attorney Tom Kircher’s retirement after many years of service as Village Attorney.  His associate, Marcia Hasenstab, has worked in most capacities as Village Attorney for the past twelve years and would like to continue service as part of her own private practice.  However, she does not perform litigation services.  When needed, those services would have to be referred to another attorney.   Bennett moved, 2^nd by Chart to accept the resignation of Thomas Kircher and to appoint Marcia Hasenstab as Village Attorney for those services she can provide.  Motion carried.

Ag School Tile Drainage Study Proposal

Tierney presented a proposal for $15,250 to perform a study that would provide a report on the analysis of surface and sub-surface drainage systems in the area drained by the “Ag School” drain tile, assess the impacts of runoff on public and private infrastructure, and recommend solutions.  Tierney noted the report would include a recommendation on the storm sewer option previously considered along State and Main Streets; and whether a pipe could be re-routed to allow the system to exit directly into the Fox River versus the current pond structure.  Johnson moved, 2^nd by Chart to approve the proposal for $15,250 to perform the study and create a report with recommendations.  Motion carried.

Error and Omission Claim for Rochester Street Bridge Project

Novy reported on further communication with DAAR Engineering, contracted engineers for the State of Wisconsin Department of Transportation, regarding a cost estimate to go through an errors and omissions process regarding a culvert set at an incorrect elevation during the N. Rochester Street bridge project.  Federal funding covers 80% of costs to pay staff and engineers to review the issue as long as it does not exceed the design funding cap assigned to the project.  However, the Rochester Street bridge project was designed twice due to intervention by the Norway-Dover Drainage District.  Because of this, federal design funding was exceeded early on in the project and the drainage district picked up additional design costs.  Mark Wilfert, DAAR Engineering, indicated that in order to pursue an errors and omissions claim, the Village would be billed for all staff costs.  These were estimated at four individuals each at $70 - $100 an hour, including travel time.  Some of these individuals would be coming from Madison.  He noted the claim is usually resolved after one meeting.   If not, additional meetings could be called.  A Department of Transportation review board makes the final ruling. 

Birkett reported on working with Pave-Tech to estimate costs involved with resetting the culvert at a correct elevation.  Costs were estimated at approximately $4,000 with a note that buried telephone lines may be in the vicinity of the project.  If these need to be relocated, additional costs may be incurred.  Birkett was directed to find out the depth of TDS lines in the vicinity of the project and to solicit formal proposals.   Weinkauf moved, 2^nd by Johnson to table the errors and omissions claim until the September meeting.  Motion carried.

Request for re-evaluation of sewer unit charges:  Larry Kempken, 105 N. Washington Street

Birkett reported visiting the property.  He indicated office staff of four individuals working normal hours Monday through Friday, with one individual on the road most of the time.  Additionally, there is a six to ten person crew that operates off-site.  As this does not generate the amount of sewage equal to two households, he recommended the unit charge be dropped to one with a stipulation that the business be checked once a year for any changes.  Chart moved, 2^nd by Weinkauf to reduce the unit count from two to one for 105 N. Washington Street and to perform annual reviews to determine whether there has been any change in staff or use.  Motion carried. 

Resolution #2009-7 Expressing Opposition to the petition of the Racine County Board of Drainage Commissioners to Annex Lands into the Norway/ Dover Drainage District, including a decision on whether to be named as a co-plaintiff with Racine County and Town of Norway in a Motion for Temporary Injunction

Novy reported Resolution #2009-7 was drafted from examples provided by Racine County and the Town of Norway and then reviewed by the Village Attorney.   There were two versions of the resolution.  One names the Village of Rochester as a co- plaintiff in a motion for temporary injunction that is scheduled for hearing in Racine County Circuit Court.  The injunctive action is being initiated by Racine County and the Town of Norway and the Village of Rochester has been invited to participate. The Village Attorney indicated there is a cost exposure by being named co-plaintiff.  Racine County’s corporate counsel will only represent Racine County in the action.  Consensus of the Board was that the cost of legal representation may exceed the cost of the drainage district’s proposed assessments in the Village.  Bennett moved, 2^nd by Lancour to adopt the version of Resolution #2009-7 that does not include participation in the temporary injunction.  Motion carried.

Bid Results:  Architectural Service proposals to conduct a concept and budget study for remodeling the Rochester Municipal Building

Novy reported services included in submitted proposals are a conceptual design and budget study for remodeling the municipal building with a focus on: consolidation of three independent HVAC and electrical systems into one with an emphasis on energy conservation;  replacement of high consumption lighting and plumbing fixtures; increasing sources of natural light throughout the building; installation of computer networking and AV cabling; and ensuring ADA and building code compliance in all aspects of building re-design.  The study will create a plan with detailed improvement costs that will allow the Board to make a decision on whether to proceed with the work

Each firm’s complete proposal had been provided to Board members in advance of the meeting.   Bid proposals were as follows:  Larson & Darby Group, St. Charles, IL, for $14,800, with a $3,500 materials testing allowance;  The Architectural Firm, Jefferson, WI, for $6,700, with additional printing expenses estimated at $500 and permit application fees excluded; and Stelling & Associates, Burlington, WI, for $10,000 with mileage and printing costs listed as reimbursable expenses.  

Novy reported on previous work with “The Architectural Firm”.  The firm’s primary architect, Craig Ellsworth, was the architect for remodeling the Rochester Public Library.  She recommended he be awarded the work due to his previous experience working with the Village.  Past experience proved good project management skills and produced quality work.  Weinkauf moved, 2^nd by Johnson to award the bid to “The Architectural Firm” as submitted.  Motion carried.

Public Officials Liability Coverage Policy Provisions

A copy of the Village’s Public Official’s Liability Coverage Policy was distributed to Board members with direction that they review the policy and notify the Clerk if they would like the insurance agent to attend a Board meeting to answer questions and/or offer further explanation. 

Trick or Treat Hours

Weinkauf moved, 2^nd by Bennett to set Village Trick or Treat hours for Saturday, October 31^st from 2:00 p.m. to 4:00 p.m.  Motion carried.

Correspondence was read from:  Representative Robin Vos regarding prevailing wage legislation; Racine County providing copy of Resolution 2009-36 stating support for a 2010 Village of Rochester, Village of Waterford, Town of Dover and Town of Burlington Clean Sweep Program; Rochester Historical Society thanking the Board for use of the Village Hall for two events;  Town of Norway providing a copy of Resolution 2009-10 opposing proposed annexation of additional lands into the Norway-Dover Drainage District; and Roland and Debra Witte opposing the annexation proposal of the Norway-Dover Drainage District.  (Note:  Novy informed Wittes’ that objections to the annexation proposal need to be forwarded to the Racine County Drainage Board.)

Public Works Committee:  Minutes of the August 5^th meeting were reviewed.  Johnson reported discussion regarding a request for installation of snow stakes (delineators) for the Fox River Prairie Subdivision before the snowplowing season.  Consensus of the committee was that property owner association should install their own.  Birkett reported on further conversation with the snowplow contractor.  He will check subdivisions and install delineators if felt necessary. Additionally, the committee reviewed the Evergreen Drive parking situation and recommended against additional on-street parking.  They suggested “The Bunker” investigate other parking solutions.  Birkett will follow up on this issue with business owners on Evergreen Drive.  Committee members also reported concern over complaints regarding the availability of the Building Inspector.    Consensus of the Board was to request the building inspector hold office hours two hours a week at the Municipal Building.

Ordinance Committee:  Minutes of the July 20^th meeting were presented to Board members for review with direction that any concerns with proposed ordinance amendments be referred to Ordinance Committee members.  The next meeting of the committee is Monday, August 17^th.

Racine County Hazard Mitigation Advisory Board:  Bennett reported the Board would not meet again until November.

Honey Lake Protection and Rehabilitation Board:   Weinkauf reported the next meeting will be held the following Tuesday.  John Lutz reported on their current project replacing 462 feet of pipe between Honey and Delmonte Lakes.   The pipe feeds water from one lake to the next and has been used to regulate lake levels for a very long time.  The steel pipe is corroded and crushed in some areas.  The new pipe is PVC and designed to last a long time.  The project required three permits- two Department of Natural Resources and one Village Shoreland Contract.  It also required acquisition of an easement that was overlooked when the District previously transferred ownership of a lot through which the pipe runs.   Lutz reported some frustration working through the project, but noted they are nearing the end with permits now in process.

Western Racine County Health Board:  Bennett reported attendance at the July 28^th meeting.  The Health Department is gearing for potential immunization of all school children against H1N1 (a.k.a. Swine Flu), but noted the virus mutates rapidly and it is not known whether immunizations will have a lasting effect.

Finance Committee Report:  Beck reported the recommendation of the Finance Committee to approve all disbursements listed on the check detail of July 14th  – August 10th.   One certificate of deposit is due for the Sewer Utility.  The committee recommended the certificate be cashed and proceeds transferred to the money market account until financing needs to repair  the sewer system are known.  Bennett moved, 2^nd by Weinkauf to approve the finance committee’s recommendations.  Motion carried. 

Weinkauf moved, 2^nd by Chart to adjourn at 9:51 p.m.  Motion carried.

Respectfully submitted,

Betty J. Novy, CMC

Clerk-Treasurer

August 24, 2009                                 SPECIAL BOARD MEETING                              7:00 p.m.

Paul Beere called the meeting to order at 7:09 p.m. with Gary Beck, Chris Bennett, Ed Chart, Chris Johnson, Bob Lancour, and Mike Weinkauf present. 

Betty Novy, Clerk-Treasurer;  John Tierney, Engineer; and Christopher Birkett, Public Works Director were also present.

Review of Evergreen Drive Sewer Lateral Televising

Birkett reported televising a total of six laterals on Evergreen Drive with the following results:

• Two laterals were PVC and in good condition;
• One lateral showed a small sag, but nothing significant;
• One sump was connected to the sewer lateral, but recently disconnected by a new owner;
• One lateral had slipped joints and a severe sag within the right of way that needs to be repaired. 
• One lateral televising could not be completed due to constriction within the pipe.  A smaller camera is being obtained.

Weinkauf moved, 2^nd by Beck to order the lateral with the leaking section within road right of way to be repaired, with additional recommendation to the homeowners that they repair the line to the house, and that the sewer utility offer to finance 50% of lateral repair costs to homeowners unable to afford the repair, with 3% interest financed over a five year period as special assessments to the property.  Motion carried.

Additionally, it was recommended that the Village consider an ordinance that mandates sewer lateral inspections whenever homes are sold.

Award Bid for 2008 Street Improvement Program

Tierney reported bids on the Evergreen Drive resurfacing project as follows:  $143,876 from Payne & Dolan; and $151,455 from B.R. Amon.  He recommended the bid be awarded to Payne & Dolan for $143,876.  Beck moved, 2^nd by Weinkauf to award the bid to Payne and Dolan for $143,876.  Motion carried.

Other business:  Weinkauf reported complaints of uncut grass on the properties located at 35406 Academy Road and 208 S. Front Street.  Birkett will follow up with weed notices.

Chart moved, 2^nd by Bennett to adjourn at 7:52 p.m.  Motion carried.

Respectfully submitted,

Betty J. Novy, CMC

Clerk-Treasurer