Link to:  December 14 2009 Regular Board Meeting

 

December 7, 2009     
SPECIAL BOARD AND FINANCE COMMITTEE MEETING      
6:00 p.m.

 

Paul Beere called the meeting to order at 6:00 p.m. with Gary Beck, Ed Chart, Chris Johnson, Bob Lancour, and Mike Weinkauf present.  Chris Bennett was absent.

 

Also present:  Betty Novy, Clerk-Treasurer; Village Attorney Marcia Hasenstab; Architect Craig Ellsworth; and Real Estate Agent Dick Zastrow.

 

Review of Supporting Documents related to purchase of the ProHealth Care Building, 231 S. Millgate Drive

 

Hasenstab reported on information obtained since the offer was made to purchase the ProHealth Care building as follows:

 

§  Snowplowing and street light costs charged via the association are approximately $1,000 per year.

 

§  The Phase 1 environmental assessment identified underground storage tanks within the immediate area.  A well inspection report will be performed within 60 days to confirm no contamination.

 

§  Documentation was provided from the Wisconsin Electric Power Company indicating their intent to clean any contamination from a nearby transformer, but it was noted contamination was not particular to this lot.

 

§  Confirmation was also obtained from Millgate Development’s attorney stating that the developer is responsible to install the final lift of asphalt on the road and that these costs will not be billed to the association.

 

Review of Possible Action on Pro-Healthcare Counter Offer

 

Hasenstab reported several minor changes in the counter offer from Pro Healthcare.  They accepted the $825,000 purchase price, but increased the amount of earnest money from $1,000 to $8,000.  They also updated some contact information and shortened the deadline for closing after all approvals are obtained.  It was clarified that the earnest money is refundable if a finding of public support is not found.

 

Review and Discussion with possible action to proceed with Architect’s Contract

 

The timeline for meeting requirements of the offer was discussed.  February 5, 2010 is the date by which the Plan Commission must approve the conditional use and the Village Board must approve the purchase contract.  This is also the date by which approval must be obtained from Millgate Development for exterior changes to the property.  March 7, 2010 is the date by which State approval must be obtained for the building plan.  This includes a variance from sprinkler system requirements.

 

Ellsworth presented a change order for architectural services provided for under the initial contract dated September 23, 2009.  The amendment provided for the change in scope for a study of the existing municipal building to preparation of a cost study and remodeling plan for potential purchase and remodeling of the ProHealth Care building.  The change in scope included providing study and presentation services at two public meetings for a cost of $2,940 and includes services necessary to obtain conditional use approval.  Pre-purchase site inspections will provide reports on the following areas:  roof, general building including attics, HVAC equipment evaluation by a mechanical engineer, and a Phase 1 review and report by an environmental engineer (not to exceed $1320).   The application for the sprinkler system variance from the State of Wisconsin was detailed at a cost of $2,520 plus a $1,000 submittal fee.  Total architectural costs for these services were listed as $7,985.

 

Board members indicated preference of not incurring variance costs if the approval timeline allows the application to be delayed until after the public meetings. 

 

Future services were proposed under a different architectural services agreement for the renovation of the building and would be a flat fee roughly equal to 10% of estimated construction costs.  The approximate remodeling budget of $375,000 includes interior modifications, expanding the parking lot area, and assumes prevailing wages are paid for all construction work.   Total architectural costs of $33,900 were estimated.  This amount is included in the $375,000 budget.

 

Novy reported on the meeting timeline.  The Conditional Use Public Hearing can be scheduled for the January 4, 2009 Plan Commission meeting and the Village Board Hearing can be scheduled for the January 11, 2009 meeting.  Authorizing these dates now will provide adequate time for legal notices and insertion of hearing dates in the December newsletter.  Hasenstab indicated it will be necessary for the Board to make a finding of adequate public support before final approval of the purchase.  Both hearings must be held before the February 5, 2010 deadline.   Ellsworth indicated January hearing dates should provide enough time to make an application for the variance on the sprinkler system after Board approval is finalized.  The variance application will submitted in conjunction with other state plan approval documents. 

 

Beck moved, 2nd by Weinkauf to approve the terms of the counter offer from Waukesha Health Systems (ProHealth Care) dated November 25, 2009, including the increase of earnest money from $1,000 to $8,000 and to authorize preparation of a contract with Ellsworth for consideration at the December 14, 2009 meeting that amends the scope of the existing contract  to incorporate the services and costs as discussed.  Motion carried.

 

Chart moved, 2nd by Johnson to adjourn at 6:50 p.m.  Motion carried

 

Respectfully submitted,

 

 

 

Betty J. Novy, CMC

Clerk-Treasurer

 

December 14, 2009                           
VILLAGE BOARD MEETING                            

7:00 p.m.

 

Paul Beere called the meeting to order at 7:00 p.m. with Gary Beck, Chris Bennett, Ed Chart, Chris Johnson, Bob Lancour, and Mike Weinkauf present. 

 

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

 

Pledge of Allegiance.

 

Minutes.  Weinkauf moved, 2nd by Bennett to approve minutes of the November 9, 2009 meeting as printed.  Motion carried.

 

Period for Public Comment (for items not on the agenda).  There was none.

 

Department Reports:

Rochester Volunteer Fire and Rescue Company:

Asst. Chief Walter Henning provided the following report: Chief Dahlberg is currently on a work assignment in India and is expected back by December 20th.   The Fire Company is hosting a driver training school in three weeks so that volunteers can stay up to date on state certification requirements.  Dry hydrant installation in Pioneer Park is scheduled for installation in the near future.  Henning asked that the Clerk assign an address for the hydrant and order the number sign. The chassis for the replacement grass rig has been delivered and will be sent to Madison Truck to have the skid unit installed.  They hope to have it available for display at the Wisconsin EMS show January 27th & 28th.   Henning indicated they are unsure what process needs to be followed to transfer title of the previous grass rig to the Village.  Novy is to research this to find out what needs to be done.  Additionally, Henning asked that the Village consider adopting the state fire code as part of village ordinance updates.  It allows the fire inspector more enforcement authority when violations are found.   He indicated there was previous communication between the fire company’s attorney and the village attorney on this topic.  Novy is to check with the attorney to make sure it is included in proposed updates to the municipal code.  Beere questioned progress on hiring emergency medical technicians to cover day time hours.  Mike Kempken, Treasurer, reported the fire company’s budget runs from July 1 through June 30th.  Their intention is to hire and have staff in place beginning with the new budget cycle on July 1st.  This will allow time to work out internal issues.  Kempken also reported rescue revenues down due to the slow economy.  In closing, Henning reported the Fire Company is hosting an open house in conjunction with the Historical Society on January 27th to discuss the history of the Rochester Fire Company.  More details will follow.

 

Sheriff’s Department. 

Deputy Castillo reported the following statistics for November:  three accidents; six speeding citations, ten traffic citations, thirteen parking citations and fourteen warnings were issued.  There were two arrests for ordinance violations.  Eleven foot patrols were conducted. 

 

Castillo reported the speed limit was recently reduced on Academy Road from 55 m.p.h. to 45 m.p.h.  Extra attention will be given to enforcement.  As is typical for the season, the three reported accidents were car vs. deer.  There was one disturbance at the Honey Lake Inn involving a fight in the parking lot.  Castillo has been attending Honey Lake District meetings and reported no big issues for that area.  An update on the robbery of the Rochester Mini Mart was requested.  Castillo indicated the robbery is still under investigation and there have been no arrests. 

 

Sergeant Kacmarcik commented on item eighteen on the agenda, a request for adoption of a sexual offender ordinance.  Kacmarcik indicated he had assisted the Village of Union Grove in preparation of an ordinance for this purpose and would gladly help Rochester through the same process. 

 

Public Works.    Birkett’s written report was reviewed as follows:

Lift Station/ Sewer:  Weekly tests and exercise of lift station valves and generators.  Met with a representative of Cretex liners to get an idea of cost for installing boots in our manhole chimneys.

 

Roads:  Winter prep  is more or less completed.  Culverts are checked, signs straightened.  Brintnall has sand and salt mixed.  Storm sewer grates are clean and open.  Leaves in gutters are cleaned up and disposed of.

 

Buildings: Library windows have been replaced.  I am going to have bids coming in for furnace maintenance on library and village hall.

 

Miscellaneous:  Working on stray cats in village and also on pet chipping and vaccination clinic.  Fox Valley Veterinarian Service seems to be on board.

 

2010 Roadside Mowing

In Birkett’s absence, Novy reported on consideration and recommendation of the public works committee to renew the roadside mowing contract with T & T Tree Service.  Beck moved, 2nd by Weinkauf to table the issue until Birkett is able to attend the meeting.  Motion carried.

 

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

Trail of Pines Condominiums:  No activity this period.  Awaiting response from developer to November 6, 2009 completion letter.  Observe lift station testing when requested.

 

Coyote Territory Subdivision:  No activity this period.  Review letter of credit status and assist with developer’s agreement amendment for surface paving.

 

Rookery Landing Subdivision:  Coordinating with Clerk and Attorney regarding status of west side drainage easements.  Technical documents were prepared but the legal document may not have been recorded.

 

2009 Street Improvements- Design:  Responded to staff and resident concerns regarding final surface and minor adjustments.  Processed change order and pay request.

 

Settlement of Rochester Condominiums:  No activity this period.  Review revised plans as needed.

 

Regional Drainage Concern Consultation:  Conducted a level loop survey of the Mayer property.

 

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

 

Ag School Drain Tile Study:  Submitted preliminary report to Public Works committee.  Coordinate with Village officials to finalize the report.

 

Honey Lake Equalization Culvert: No activity this period.

 

Lot 8 Rock Ridge Subdivision (Haven Creek) – Grading and Drainage Review:  Reviewed preliminary site plan for a new house on a lot that shares a detention basin.  Provided subdivision grading plan to developer’s surveyor.

 

Tierney reported the lift station for the Trail of Pines condominium development is ready to be tested.  However, some financial issues must be addressed with the developer before any more inspections take place.  Chart commented on review of the Ag School drain tile study.  He indicated the report contained good information and he was interested to see how topographical information provided in the report will help determine options to re-direct standing water on Washington Avenue to the Fox River.  Tierney will review the report in detail with the Public Works committee at their next meeting.

 

Zoning.  Jon Schattner presented his written report showing eighteen zoning permits issued for the months of September, October, November and December (to date); and one application for re-zoning.  This included two ponds, eight detached structures, three new single family residences, one culvert replacement, two additions, one structural alteration and one conditional use.    There have been two zoning violations, one involving replacement of the landing and steps on an attached deck, and the other involving a structure over a stockpile of firewood.  Letters of violation have been sent.  Schattner is assisting with proper filing of the conditional use application for proposed relocation of the Village Hall to Millgate Drive.  This will be up for consideration at the January meeting.  Weinkauf thanked Schattner for his assistance in obtaining Department of Natural Resources review and approval for the for the Honey Lake equalization culvert.   The district itself was having a difficult time getting the paperwork through. 

 

Building Inspection:  Lee Greivell presented written reports showing permits issued for September, October and November.  Forty-six permits were issued, including twenty-one for building improvements and two for new houses.  Miscellaneous permits were also issued for items such as garages and additions.  Novy reported continued complaints on the lack of maintenance of the single family home located at 208 S. Front Street.  Neighbors have complained that animals are getting into the house.  It has been unoccupied for an extended period of time.  Greivell reported on an exterior inspection.  The house appears to be in violation of housing code sections pertaining to maintenance of dwellings.  Beck moved, 2nd by Chart to proceed with a notice to the owners giving them 30 days to correct the violations.  Motion carried.    

 

First Reading:  Ordinance #2009-6 “An Ordinance to Rezone Land at 31740 Washington Avenue from M-4 Quarry District to A-2 General Farming and Residential District II”

 

Novy reported on Plan Commission review of the petition to re-zone 31740 Washington Avenue at their December 7th meeting.  Rezoning is necessary to correctly designate the property to reflect residential use.  It was inadvertently zoned M-4 (mining) when the abutting property was zoned that way in the 1970’s.  The Plan Commission recommended approval of the zoning change.  It was noted that reclassification is consistent with the comprehensive plan.  To meet legal requirements, a public hearing on the ordinance will be scheduled for the January meeting.

 

Lease Renewal:  Rochester Historical Society

                                                                                                                       

Joanie Beck addressed the Board regarding lease renewal.  The current lease allowing the Rochester Historical Society (R.H.S.) to occupy the first floor classroom of the “old school” section of the library building expires February 16, 2010.  Beck reported R.H.S.’s interest in continuing the lease and requested that they be allowed to fix  and/or replace the classroom windows facing the west.  They also requested that further attempts be made to remove graffiti from brick around the fire escape door and offered to do the work if necessary.    Johnson offered use of a pressure washer for that purpose and will talk to Birkett on that item.   Bennett moved, 2nd by Lancour to renew the lease with R.H.S. for another five year term with specific approval to allow R.H.S. to replace windows and perform any necessary maintenance at their discretion.  Motion carried.

 

Change Order For Architectural Services Under The Contract Dated September 23, 2009

 

Novy reported that the Village Attorney reviewed the change order and found it to reflect the terms and costs discussed at the December 7th special meeting.  Beck moved, 2nd by Bennett to approve the change order for architectural services.  Motion carried.

 

Change Order For Engineering Services:  2009 Street Project

 

Tierney presented an increase request of $1,500 to the contract for the 2009 street project due to additional work caused by sewer lateral inspections and delays in paving the Evergreen Drive cul-de-sac caused by wet soils.  Tierney also reported an outstanding issue with a driveway on Wildberry where the pavement was installed higher and is causing a water problem.   Bennett moved, 2nd by Beck to increase the engineering services contract by $1,500 to adjust for the increased inspections and on the condition that the increase includes any further work needed to close out the project.  Motion carried.

 

Change Order For Construction Services:  2009 Street Project

 

Tierney also reported an increase request by Payne & Dolan in the amount of $1,950 for the 2009 street project as compensation for second mobilization charges incurred when they came back to pave the part of Evergreen Drive’s cul-de-sac that needed to dry out.  Weinkauf moved, 2nd by Johnson to approve Payne & Dolan’s change order request for $1,950.  Motion carried.

 

Resolution # 2009-11 “Resolution for Inclusion under Group Life Insurance”

 

Novy reported this as follow-up to the Finance Committee’s recommendation to provide this employee benefit during 2010 budget preparations.  The resolution provides for inclusion under the State plan.  All employees enrolled in the Wisconsin Retirement System can participate.  The basic plan provides life insurance coverage equal to the amount of the prior year’s salary for each covered individual.  There are two participation options.  Once an employee reaches the age of 65, the 25% option provides that they can continue coverage at 25% of the last coverage amount; or the 50% option provides that they can continue coverage at 50% of the last coverage amount.  The 25% option requires the Village to pay an additional 20% over base premiums; the 50% option requires the Village to pay an additional 40% over base premiums.   For village employees, the annual difference between the 25% and 50% option is $40.  For library employees, the annual difference between the 25% and 50% option is $85 (paid from the library budget).  Bennett moved, 2nd by Beck to adopt Resolution #2009-11 with the 50% option.  Motion carried.

 

Resolution #2009-12 “Employer Resolution to Pay Entire Premium for Basic Group Life Insurance”

 

Novy reported this resolution necessary to establish the Village’s intent to pay the entire premium (versus employees paying the base premium amount).  This is consistent with the Finance Committee’s recommendation.  Total annual premiums for village employees will be approximately $250.  Total annual premiums for library employees will be approximately $600.   Chart moved, 2nd by Lancour to approve Resolution #2009-12.  Motion carried.

 

Resolution #2009-13 “A Resolution to set 2010 Pay Rates for Village Personnel” 

 

Novy reported this resolution finalizes the 2010 pay rates amounts recommended by the Finance Committee and provided for in the 2010 budget.  Weinkauf moved, 2nd by Bennett to approve Resolution #2009-13.  Motion carried.

 

Appointment of 2010-2011 Election Officials

                            

Beck moved, 2nd by Bennett to appoint the following election officials for the 2010-2011 term:   Jane Babik, Kim Emond, Richard Gay, Lucille Hardie, Colleen Holder, Mary Janaky, Elizabeth Joseph, Jim Joseph, Toni Ketterhagen, Neenie Kieffer, Terri Loranger, Dawn Mann, Margaret Mueller, Kay Rowntree, Joyce Schrader, Wayne Schrader, Pamela Schweitzer, Mildred Welke, Karen Alexander, Steve Smith, Beverly Sewell, and Sheila Webber.  Motion carried.

 

2009 Audit Contract Proposals

 

Novy reported on four contract proposals to perform the Village’s audit services for 2009, prepare the 2009 financial form “C”, and draft the annual report as follows:  James Frechette, CPA:  $6,000;  Robert Kabitzke, David Scrima S.C.:  $7,000.  Patrick Romenesko, S.C.:  $10,000; and Baker-Tilly Virchow Krause:  $13,000.  Novy recommended renewal of the contract with Frechette for $6,000.  Weinkauf moved, 2nd by Lancour to renew the contract with James Frechette, CPA, for 2009 – 2011 Audits.  Motion carried.

 

Authorization for Village Clerk-Treasurer and Deputy Clerk-Treasurer to retain credit cards with Community State Bank

                                            

Novy reported a request from the bank that the credit cards held by her and the deputy clerk be re-authorized due to the Village’s reorganization.  Both credit cards have a limit of $1,000.  Johnson moved, 2nd by Chart to re-authorize the cards.  Motion carried.

 

Correction and/or approval: 2009 Winter Newsletter

 

No corrections or additions were stated.  Consensus of the Board was to approve the newsletter for distribution.

 

Correspondence was read as follows: 

 

Tina Louise Josephson:  Request for sexual offender ordinance

Tina Josephson addressed the Board expressing concern over an individual who moved into her neighborhood that is listed on the State registry of sexual offenders.  Several other neighborhood residents were also present.  Josephson presented copies of a newspaper article on this topic and an ordinance drafted by the City of Franklin that regulates placement of offenders.  She asked that the Board consider adopting a similar ordinance. 

 

Novy indicated this same ordinance was recently reviewed at an intergovernmental meeting of western Racine County municipalities.  The concept brought forth was that all municipalities should adopt a similar ordinance so that all municipalities are covered the same.  Consideration was put on hold while a supreme court ruling was made on whether the Franklin ordinance was constitutional.   Consensus of the Board was to request an update on this item and to put it forth as an agenda item at the next intergovernmental meeting.

 

Racine County Board of Drainage Commissioners

A recent mailing was sent notifying property owners of land within drainage districts.

 

John’s Disposal Service, Inc.

Information was provided on new state laws affecting the recycling of electronics.

 

Kathy Romanak: County Assessment Proposal

Information was provided on a Wisconsin Department of Revenue proposal to shift property assessment to the County level.  The Department of Revenue is holding several “town hall” type meetings on the topic to solicit feedback from attendees.  Romanak included several concerns over costs associated with the proposal in her correspondence.  Novy reported plans to attend a meeting January 6th being held at Waukesha County Technical College on the topic.  Weinkauf moved, 2nd by Lancour to send a letter to local legislators expressing the Village’s wish to keep property assessment at the local level.  Motion carried.

 

Committee Reports:

Public Works Committee:  Johnson reported on committee review of the 2010 mowing contract and their recommendation of approval.  They also discussed installation of rip-rap in Pioneer Park along with other park projects for possible expenditure of park impact funds.  They also would like to explore a grant partnership with the Department of Natural Resources to determine feasibility of acquiring what was the Coral Reef Restaurant property for a park.  They also may contact Racine County regarding acquisition of a parcel of land just north of the Western Racine County Sewerage District on N. Rochester Street.  They also discussed an ongoing issue with work Pave-Tech did on a storm-sewer manhole.  They are holding payment until satisfied with the work.

 

Ordinance Committee:  Minutes of the November 16th meeting were provided for review.  Beck indicated and concerns or questions should be directed to the committee.  Their next meeting is scheduled for December 21st.

 

Honey Lake Protection and Rehabilitation Board:  Weinkauf reported the District finally acquired all necessary permits for the equalization culvert.   They are hoping to get some of the work done this winter.  Contractor’s can dig through one foot of frost.  Bids will be opened at this month’s meeting for both the equalization culvert project and snowplowing.

 

Western Racine County Health Department.  Bennett reported missing the last meeting.  He indicated several H1N1 clinics have been scheduled.  The Health Department is also excited about getting involved with the “Dog Days of Summer” event being planned by the animal control officer.

 

Finance Committee:  Beck reported the recommendation of the Finance Committee to approve all disbursements listed on the check detail of November 10, 2009 through December 14, 2009.  Beck also reported recommendation of the committee to transfer proceeds of sewer utility fund certificate of deposit #121345, with an initial balance of $222,000, to the sewer utility money market account so that funds are available should the village proceed with the purchase of a new Village Hall.     

 

Bennett moved, 2nd by Chart to approve the finance committee’s recommendations.  Motion carried. 

 

Beck moved, 2nd by Bennett to adjourn at 8:50 p.m.  Motion carried.

 

Respectfully submitted,

 

 

 

Betty J. Novy, CMC

Clerk-Treasurer