May 11, 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; John Tierney, Engineer; and Chris Birkett, Public Works Director were also present.

Pledge of Allegiance.

Minutes.  Johnson moved, 2^nd by Weinkauf to approve April 27, 2009 meeting minutes as printed.  Motion carried.

Period for Public Comment (for items not on the agenda).  None.

Department Reports:

Sheriff’s Department.  Deputy Castillo submitted a written report showing the following statistics for April:  three accidents; eight speeding citations, one traffic citation, six parking citations and five warnings issued.  There were two arrests.  Complaint statistics were as follows:  twenty-one complaints originated through calls directly to the Sheriff’s Department; Deputy Castillo assisted with three additional complaints, originated twenty-five on his own and performed follow up on forty-five.  He reported eighteen working days, 147.25 hours and 1,137 miles driven.  Twenty-two foot patrols were conducted. 

Weinkauf reported four recent accidents on Academy Road on the curve just south of Heritage Avenue.    He wondered if Racine County would consider installing guard rails on the curve.  Castillo stated he would report the request to Racine County Public Works.  Castillo reported one felon OWI arrest with a stolen vehicle.  Beck requested special attention to enforcement of the Village’s junk ordinances.  Consensus of the Board was to publish an article in the June newsletter before following through with enforcement. 

Sergeant Kacmarcik reported on 2009 Alpine Valley events.  Additional coverage will be provided as needed.  He also noted 2010 contract details have been finalized.  They will be presented at the June meeting.

Public Works.    Birkett reported on playground chip costs and options.  Rubber chips cost $600 - $800 a pallet in comparison to certified playground chips which cost between $30 - $34 a yard.  Beck moved, 2^nd by Beere to approve the purchase of 40 – 45 yards of certified playground chips at the best price available.  Motion carried.

Birkett’s written report was reviewed as follows:

Birkett reported cleaning lift stations every four months instead of every six and discontinuing degreaser will cost about the same amount of money.   He connected an Eagle Scout in need of a project with the Rochester Postmaster to work on some landscaping improvements at the post office.  So far, these include removal of some overgrown shrubs and installation of a bench and landscaped area in front of the building.  In the future, the Eagle Scout would like to present his final plan to the Board.   Johnson indicated residents are most likely in need of education regarding running grease down the sewers and the use of some detergents.  An educational insert should be included with June sewer bills.  Deputy Castillo reported on parking habits at Case Eagle Park.  He questioned recent attendants of a ball game why no one parks in the front row of the parking area.  The response was that they don’t what their cars damaged by the baseballs.  There was discussion regarding installation of a barrier system on top of the ball field fences.  Birkett will look into what options are available.

Engineer.  Tierney submitted the following written report:

Johnson questioned whether a culvert serving the residential subdivision across from the industrial park has contributed to area drainage problems.  Tierney will investigate.

2008 Annual Report:  Western Racine County Health Department

The Health Department’s 2008 annual report was distributed for review.  Andrea Yeager, Public Health Nurse, addressed the Board with an overview of all health department services including pregnancy testing and counseling;  post partum home visits;  developmental screenings; communicable disease tracking and reporting; animal bite investigation and follow up;  health hazard investigation;  lead poisoning screening and investigation;  immunization clinics;  well testing;  car seat checks;  administration of Health Care Network- a state offered health insurance program for low income individuals without access to health care;  hosting of Woman, Infant and Children (WIC) clinics;  emergency preparedness training;  sponsoring several medication drop off events; and school nursing.  Yeager reported average per capita costs for the State of Wisconsin as $12.91.  For 2008, Town of Rochester per capita costs were $4.53; and Village of Rochester per capita costs were $5.22.  It was explained that costs differ based on the service needs of each municipality throughout the year.  Costs specific to a municipality are billed only to that municipality, while clinic and overhead costs are split over all western Racine County

municipalities based on population.  Yeager also stated a goal of the health department to be paperless by 2010.  Andrea was thanked for her presentation.

Dassow Pond Permit, 31340 Academy Road

Concern was expressed at an earlier meeting regarding earth moving activities on the Dassow property.  In response, the Village Board directed correspondence to the Dassows’ requesting follow through on items to process the pond permit applied for in 2008.  If not, the correspondence ordered that the excavated area be restored to its previous state.   Johnson reported on Public Works Committee review and recommendation on this topic.  Several issues were identified:  the appearance that water is being backed up on adjoining properties from the earth moving activities, whether Dassows’ should be required to keep pond spoils on site, the impact the pond would have on area drain tiles, and the general issue of digging a pond in that the ground water levels tend to be higher in the immediate area of a pond.  Consensus of the Committee was to recommend that Birkett photograph the Dassow property each Monday to document any further earth moving activities.  Weinkauf indicated he will talk to Dassow regarding the Board’s order to stop all action until such time as he either continues the pond permit process and/or restores the property to how it was before he started earth moving activities.  The committee will discuss any further issues at their June meeting and make a recommendation regarding follow up at the June Board meeting.

Heritage Acres Drainage:  Committee recommendation

Johnson reported on Public Works Committee review and recommendation on this topic.  Several committee members will be meeting with the Mayers’ at their property, 32819 Vista View Drive, to determine where to cut a 25 to 30 foot swath through the berm which is blocking drainage through Heritage Acres Subdivision from the property to the north.  Mr. Mayer agreed to placement of excess dirt around his house at the May committee meeting.  The committee will report back on proposals for the work next month, including restoration of the area by seeding.   Committee members were instructed by the Board to incorporate specifications that will ensure all slopes are mowable after the work.

Petition for rezoning Millgate Drive commercial development from B-4 to B-4 with Planned Unit Development Overlay District.

The petition for rezoning Lots 1 – 4 of the Millgate Drive commercial development and the general development plan for Lot 2 was reviewed by Board members.  Novy reported on Plan Commission consideration of the petition.  They recommended approval.  Weinkauf moved, 2^nd by Bennett to schedule a public hearing for the rezoning petition for the June 8^th Board meeting.  Motion carried.

Request to build fence in drainage easement:  32712 Vista View Drive

Tom and Carrie Orlovsky addressed the Board with exhibits showing the proposed location of the fence, the style of the fence to be constructed, and photographs of the subject area.   Birkett reported visiting the site and noted the easement area where fencing is proposed is level and does not appear to be built according to original subdivision plans.  Birkett did not feel the fence would create an obstruction to drainage, but informed the homeowners that if the area ever needed to be modified for that purpose, that the Village would retain the right to remove the fence as necessary and would have no obligation to restore or reinstall it.  Beck moved, 2^nd by Chart to grant the Orlovsky’s request to build a fence in the drainage easement as proposed, subject to acknowledgement by the homeowners of the Village’s easement rights.  Motion carried.

Request to plant memorial tree in Rochester Commons Park

Birkett reported on a request by the Rochester Library Board to plant a memorial tree in honor of recently deceased Dean Stapleton, a former Village Trustee.  Birkett met with Beverly Jensen, Library Board President, to discuss placement of the tree.  It will be a hardwood tree planted near the playground area    A memorial plaque is proposed for installation flush with the ground.  The Public Works committee considered the request at their May ? meeting and recommended approval.   Beck moved, 2^nd by Weinkauf to approve placement of the tree.  Motion carried.

“The Settlement” Letter of Credit draw for earthwork and erosion control

Tierney presented estimates for earthwork and erosion control, including damage done by sedimentation in the pond and dry hydrant system.  Estimates totaled $28,000.  Tom Iverson addressed the Board.  He questioned prioritization of improvements in regards to connection of the road between Oak Hill Circle and Millgate Drive.  Board members indicated the reason for prioritization is that connection of the two roads allows emergency access should one entrance be blocked.  Weinkauf moved, 2^nd by Bennett to authorize an additional draw on “The Settlement’s” letter of credit in the amount of $28,000 to address earthwork and erosion control .  Motion carried.

Authorization to solicit proposals for Architectural Services – Rochester Municipal Building remodel

Novy reported a total of $20,000 budgeted towards building outlay in the 2009 budget.  She reported previous direction of Town and Village Boards to solicit proposals on exterior remodeling of the municipal building.  Since consolidation occurred, the Village is taking over zoning functions of the previous Town.  Additional interior space is needed for zoning records storage and administrative functions.  Additionally, HVAC, plumbing and electrical systems are outdated and more efficient systems could create substantial energy cost savings.  She asked that the previous direction of exterior remodeling be expanded to include interior upgrades as well.  Consensus of the Board was to solicit proposals for architectural services to perform both interior and exterior remodeling.

Municipal Building Rental Policy

Novy reported on recent issues with a municipal hall rental whereby an individual was charged with battery, carrying a concealed weapon and disorderly conduct.  She reported that the individual who signed for the rental was told he could no longer rent the hall.  However, municipal staff was not made aware of the incident until after the security deposit had been returned.  Novy asked that the Board review the building’s rental policy for possible modification in response to the incident.   Currently, the hall rental is $100 for residents and $200 for non-residents, with a $200 security deposit.  Rentals are for a full day with restrictions that any event end by 1:00 a.m.  There are no restrictions on alcohol.  Weinkauf moved, 2^nd by Bennett, to maintain the current rental fees and policies, but to increase security deposits for parties after 5:00 p.m. to $350 and to require that all events end by 11:00 p.m.  Rental fees and deposits for parties ending by 6:00 p.m. are to remain the same.  Motion carried.

Ordinance 2009-1 to amend certain off-street parking requirements

Novy reported the ordinance was drafted by the Village Attorney to address a shortcoming in Village code that does not allow on-street parking to count towards minimum parking requirements applied to businesses in the B-1 zoning district.  Recent updates to the code focused on future commercial development along the Highway 36 corridor and did not include provisions for existing businesses where parking areas are limited.  The ordinance allows parking provisions within 400 feet to be counted towards meeting minimum parking requirements and allows the Plan Commission flexibility in administering parking requirements.  Weinkauf moved, 2^nd by Bennett to schedule the public hearing for Ordinance #2009-1 at the June 8^th meeting.  Motion carried.

Resolution #2009-3 Opposing Proposed Changes to Prevailing Wage Law

Johnson moved, 2^nd by Lancour to adopt Resolution #2009-3 as written and to include information on this issue in an upcoming newsletter.  Motion carried.

Resolution #2009-4 Expressing Support for Clean Sweep Program

Beck moved, 2^nd by Chart to adopt Resolution #2009-4 as written.  Motion carried.

Adoption of Identity Theft Prevention Program

Novy presented the written identify theft program and reported on federal requirements.  Bennett moved, 2^nd by Lancour to adopt the Identify Theft Prevention Program to be implemented with regards to sewer utility customer accounts.  Motion carried.  

Adoption of Recycling Compliance Assurance Plan

Novy reported on an upcoming audit of the Village’s recycling program and recent discovery that a written plan for recycling compliance needs to be adopted by the municipality.  A written compliance plan was presented for review by Board members.  Beck moved, 2^nd by Lancour to adopt the plan as printed.  Motion carried.

Assign terms for Zoning Board of Appeals members

Beere assigned the following terms to Zoning Board of Appeals members:  Ray Moyer and Wayne Jensen:  3 years;  Dave Pattengale and Anthony Hegemann:  2 years;  and Peggy Shumway:  1 year.  Alternates James Henning and Patricia Gerber were assigned three year terms.  Bennett moved, 2^nd by Chart to approve the terms and appointments.   Motion carried.

Correspondence was read from:   Ron Chimka regarding the sewer rate increase;  Town of Bristol regarding incorporation filing;  and SEWRPC regarding the Year 2035 Regional Housing Plan. 

Committee Reports:

Public Works Committee: Johnson reported on the first meeting of the committee.  He was appointed chairperson, and a standing meeting date for the committee was established as the first Wednesday of every month at 7:00 p.m.  A site meeting was scheduled for the upcoming Friday at the Heritage Acres Subdivision site to discuss changes to the drainage way.  Quotes are also being obtained to upgrade library and municipal building lighting.  This will be a topic of discussion for the June committee meeting, as well as ongoing drainage issues.  Johnson also noted discussion regarding leaks in the library building roof.  Birkett is directing staff to apply tar to the rubber roof as a temporary fix.

Ordinance Committee:   Novy noted both she and Deputy Clerk Swan would be unavailable for the previously scheduled meeting on May 18^th.  Consensus of the Committee was to delay the meeting until June 15^th.

Racine County Comprehensive Plan Multi-Jurisdictional Advisory Committee:   Weinkauf reported on attendance at the last meeting of the committee.  There was a total of 24 meetings to draft the plan.  It will now go to public hearing at all Racine County municipalities before being adopted by each municipality separately and the Racine County Board.

Honey Lake Protection and Rehabilitation Board:  Weinkauf reported the Honey Lake Protection and Rehabilitation Board had not met since the last Village Board meeting.

Western Racine County Health Board:  There had been no meeting since the last Village Board meeting.

Finance Committee;  Approval of 5-11-09 Disbursements and Investments.  Beck reported the recommendation of the Finance Committee to approve all disbursements listed on the check detail dated April 28^th through May 11^th with the exception of checks # 9970 and 9971 which were written to move utilities on behalf of The Settlement condominium project.   These must wait for a 30 day notification to the developer to pass.  The checks were voided.  Additionally, three certificates of deposit were due, one general fund and two park fund.  The committee recommended that all certificates be reinvested at the best available rate of interest for six months.  Weinkauf moved, 2^nd by Bennett to approve the Finance Committee’s recommendations.  Motion carried.

Chart moved, 2^nd by Lancour to adjourn at 10:12 p.m.  Motion carried.

Respectfully submitted,

Betty J. Novy, CMC

Clerk-Treasurer