November 9, 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, Bob Lancour, and Mike Weinkauf present.   Chris Johnson was absent.

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

Pledge of Allegiance.

Minutes.  Weinkauf moved, 2^nd by Bennett to approve minutes of the October 8, 12, 26, & 31, 2009 meetings as printed.  Motion carried.

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

Department Reports:

Sheriff’s Department. 

Deputy Castillo submitted a written report showing the following statistics for October:  four accidents; four speeding citations, twenty traffic citations, eleven parking citations and twelve warnings were issued.  There were two arrests.  Complaint statistics were as follows:  thirty complaints originated through calls directly to the Sheriff’s Department; Deputy Castillo assisted with eight additional complaints, originated forty-six on his own and performed follow up on fifty-nine. He reported twenty-nine working days, 244.50 hours and 2,160 miles driven.  Thirty-one foot patrols were conducted. 

Castillo reported a successful Halloween.  He passed out candy to children during the Village’s regular trick or treat time and then proceeded to the Honey Lake Subdivision for their evening event where he was able to pass out glow sticks.  Castillo reported handling some complaints about leaf burning- mostly dealing with the time of day.  Weinkauf questioned Castillo about the robbery at the Rochester Mini-Mart.   He indicated the investigator has several leads in the case.  A house robbery on N. River Road was also reported.  Several electronics were stolen.   Beere questioned what reported arrests were for.  Castillo stated both arrests were for underage drinking.

Public Works.   

Birkett’s written report was reviewed follows:

Lift Station/ Sewer:  Weekly maintenance of stations and generators.  Wet wells have been cleaned.  Manhole inspections are continuing not finding anything serious.

Roads:  Basically in good shape.  Will have potholes done before winter.  Last of street name signs are in, will work to get them up at first opportunity.  Looking over brush cutting and limb removal for winter.

Parks:  Will be finishing leaf removal this week and will have Global do a final cut if grass needs it.   

Buildings:   Working on library and other building prep for winter.  Mortar work and painting on library wall is done. 

Misc.:  Animal control is getting a lot of cat calls.  There seems to be a large group of people halfway feeding these cats and then getting too many to care for. 

Birkett reported attending a State Department of Transportation meeting on reconstruction of Highway 20.  The design of two intersections affect Rochester- that of State Highway 36 and County Highway D.  The project is in its planning stages and he recommends that one Board member attend future meetings.  The next one is scheduled for December 1^st.  Beck will attend if he is able to.  He also reported recent completion of a sign inventory.  That information was submitted to Board members for review. 

Two issues were brought forth by the Finance Committee.  A bill for pump repair from L.W. Allen was questioned.  Birkett stated he was told there would be no bill for the service.  The repair was necessary shortly after they had rebuilt the pump. He will follow up with the vendor.  Secondly, the weight of the generator trailer was questioned.  The Finance Committee questioned whether it needed to be licensed.  Birkett will check into that issue.

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

Trail of Pines Condominiums:  Prepared updated Letter of Credit recommendation and reviewed project status with the developer and Village staff.

Coyote Territory Subdivision:  No construction activity this period.

Rookery Landing Subdivision:  Prepared update for the Letter of Credit and Developer’s Agreement amendment regarding surface pavement.

2009 Street Improvements- Design:  Pavement milling/ removal completed with paving scheduled for 11/6/09.

Settlement of Rochester Condominiums:  Monitored CTH J turn lane work and repairs to curb within the development.

Settlement of Rochester Phase 2:  Reviewed new concept plans for Phase 2, prepared recommendation letter and attended Plan Commission meeting.

Regional Drainage Concern Consultation:  No activity this period.

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

Ag School Drain Tile Study:  Calculating drainage areas and modeling basins.  Evaluating alternatives.  Preparing preliminary report.

Honey Lake Equalization Culvert- Plan Review:  No activity this period

Community State Bank Parking Lot- Plan Review:  Provided preliminary comments on paving plan.

Pond Review – 32033 Washington Avenue.  Coordinated with Zoning Administrator on pond plan review, including a site visit and attendance at Plan Commission meeting.

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.

Stoneridge Subdivision Construction:  Prepared updated Letter of Credit recommendation for amendment to the Developer’s Agreement for surface pavement.

Tierney reported on status of the 2009 Street Project.  The gravel base laid down in the area of Evergreen Drive’s cul-de-sac that was previously landscaped is still wet.  The contractor is letting that dry out before installing asphalt.  Additionally, the drain tile study is continuing. They hope to have something ready in time for the December public works committee meeting.

Sewerage District Infiltration Measures:  WRCSD Representatives Vince Klemko and Jim Joseph

Joseph reported on repair work being performed by the district to address infiltration in their main interceptor between State Highway 20 and County Highway D.  There are limited vendors available to perform in-line repair for the size of pipes they have.  “Visu-Sewer Clean and Seal” is performing and the work and expects to be finished before year end.  The district plans to televise their interceptor from County Highway D to the treatment plant next year.  Weinkauf requested clarification on current billing methods.  He reported hearing that the district is considering discontinuing the current 25% discount taken from unaccounted-for flows before billing the Village.  Klemko explained the current billing method will be re-considered after repairs are completed to address all infiltration sources.  This includes all interceptor lines owned by the District.   It will be at least a year before that issue is given further consideration.   Board members stressed the importance of Klemko and Joseph properly representing the Village’s interest when that issue is brought forth again.  Klemko also reported on new technology that may help seal lateral entrances to the interceptor.  This should be helpful when the Village televises N. River Road laterals next Spring.    Klemko informed the Board that the district is investigating ways to conserve energy in its operation of the treatment plant.  They hope these efforts will keep rates down.

Beck moved, 2^nd by Bennett to temporarily adjourn the regular meeting to conduct a public hearing.  Motion carried.

Public Hearing:   Village of Rochester Ordinance No. 2009-5 creating an M-4 “Quarrying District” and special conditional use provisions applicable to quarrying operations

Schattner reported on Plan Commission consideration of the ordinance.  Several gravel pit operators had appeared at the Plan Commission meeting asking for amendments to the ordinance, as originally proposed, due to concerns with grandfathered operations.  The ordinance provided to Board members included revisions based on those comments.  Gravel pit operators were given updated copies of the ordinance prior to the Board meeting.  No further comments or concerns were expressed. 

Rhoda Runzheimer, 31641 Washington Avenue, addressed the Board.  She questioned whether the ordinance was more restrictive than what had already been in place between Racine County and Town ordinances.   Schattner reported the requirements mirror previous regulations.

Bennett moved, 2^nd by Weinkauf to adjourn the public hearing and reconvene the regular meeting at 7:34 p.m.  Motion carried.

Weinkauf moved, 2^nd by Chart to adopt Ordinance #2009-5 as amended after Plan Commission review.  Motion carried.

Amendment Number One to the Development Agreement Regarding Rookery Landing East Subdivision and Rookery Landing West Subdivision

Greg Reesman addressed the Board regarding proposed amendments to the development agreement for Rookery Landing East and West Subdivisions.  He stated preference to install the final layer of asphalt in the developments next summer and suggested several mechanisms the Board could use to ensure the road surface holds up against construction traffic.

Chart moved, 2^nd by Bennett to approve the proposed “Amendment Number One to the Development Agreement Regarding Rookery Landing East Subdivision and Rookery Landing West Subdivision” contingent on the following items:

·         Extension of the deadline for installation of the final surface of asphalt to August 31, 2010,

·         Amendments to both the development agreement and restrictive covenants requiring the landowner or builder to post a $5,000 pavement bond, to be held by the Village until occupancy or the following Spring, to guarantee against damage to the road;

·         A provision allowing the Village to withhold $100.00 of the pavement bond to pay for inspection when construction is complete;

·         Amendments to both the development agreement and restrictive covenants to require installation of a 4 inch thick asphalt driveway approach that is a minimum of 15 feet wide at the culvert line, prior to construction on any lot; and

·         Extension of the existing letter of credit at its current value, $151,040, for a minimum of one year.

Motion carried.

Bennett moved, 2^nd by Weinakuf to temporarily adjourn the regular meeting at 8:28 p.m. to conduct a public hearing.  Motion carried.

Public Hearing:  2010 Budget

Those present in the audience were given a few minutes to review the detailed budget.   Follow is a summary:

Novy reported receiving a levy limit calculation sheet from the State later than normal due to the combining of the two municipalities.  The state is allowing carry-overs from two years of unused levy capacity.  In 2007, Town and Village levies were held at 2% despite a last minute (state) decision to up the allowable increase to 3.8%.  Because of this, the option is available to increase the 2009 levy by $25,000 should the Board choose to do so.  The resulting rate increase would be .07 cents per $1,000 of assessed value.  The $25,000 could be used to supplement the road project fund which has been steadily decreasing the past few years.

There was discussion regarding the overall impact school district levies are having on 2009 tax rates.  So far, the increase appears to be between .36 cents per thousand of assessed value for properties located in the Burlington School District; and .71 cents per thousand of assessed value for properties located in Waterford school districts.  It was noted that this is a period of economic difficulty for many people.  It was also noted that a $25,000 increase in the Village levy will not immediately allow the Village to accomplish a specific project in 2010.  Consensus of the Board was not to increase the levy.

There were no comments offered from the public.

Beck moved, 2^nd by Bennett to adjourn the public hearing and reconvene the regular meeting at 8:40 p.m.  Motion carried.

Weinkauf moved, 2^nd by Lancour to adopt the 2010 Budget with a 2009 tax levy of $770,766 as presented, with an associated mill rate of $2.17 per thousand of assessed value.  Motion carried.

Amendment Number One to the Development Agreement Regarding Stoneridge Subdivision

Novy reported most revisions to the Stoneridge development agreement are technical with the exception of updating the deadline for final installation of asphalt to 2012 and requiring renewal of the existing letter of credit.    Ed Stone, developer, was asked to contact the office if he wished to address the Board on the matter.  No contact has been made. 

Weinkauf moved, 2^nd by Beck to approve “Amendment Number One to the Development Agreement Regarding Stoneridge Subdivision” and authorizing a draw of the balance of the letter of credit if the amendment is not executed and letter of credit renewed by November 23, 2009.  Motion carried.

Site Plan Review/ Pond Permit to create an 80’ wide by 120’ length wildlife pond having a maximum depth of 5 feet east of 32033 Washington Avenue

Owners/ Applicants:  Michael Pitsch/ Debra Bathke

Schattner reported details of the application and considerations of the Plan Commission.  They recommended approval subject to the conditions established by the Zoning Administrator.   It was noted that the drop in elevation from the road to the pond is between 20 and 22 feet.  Tierney reported the pond is not expected to create any additional run off.

Bennett moved, 2^nd by Lancour to approve the site plan review/ pond permit as recommended by the Plan Commission.  Motion carried.

Certification and Permission to submit application to Department of Natural Resources to install two Dry Fire Hydrants in W. Fox Street right of way adjacent to Pioneer Park

Novy reported on the Rochester Volunteer Fire and Rescue Company’s application to the Department of Natural Resources (D.N.R.) to install two dry hydrants in the W. Fox Street right of way adjacent to Pioneer Park.  An exhibit was shown that displayed the proposed locations.  Because the Village owns the land, the Board must authorize the application.  Beck moved, 2^nd by Bennett to authorize application to the D.N.R. for installation of two dry hydrants as shown.  Motion carried.

Authorization to reduce Letter of Credit:  Trail of Pines Development

Tierney recommended a reduction in the required letter of credit amount for the Trail of Pines condominium development to $18,691.25.  Beck moved, 2^nd by Bennett to approve the reduction.  Motion carried.

2010 Village Engineering Services Work Order

Tierney presented a work order that allows up to 150 hours of miscellaneous engineering work in 2010 at a discounted hourly rate of $75.00 per hour.  Weinkauf moved, 2^nd by Bennett to approve the “2010 Basic Village Engineering Services Work Order” proposed by Baxter-Woodman Consulting Engineers.  Motion carried.

2010 – 2011 Municipal Street Improvement Program Application

Novy reported on the ability of the Village to submit an application to the State for projects over $250,000.  Applications are due to the County Engineer by December 1^st.  She recommended the Village submit an application for the north section of N. River Road and Rochester Streets.  Minor engineering costs will be incurred for assistance with the application.  The Racine County Sheriff’s Department has offered to place a speed trailer on the road to assist with traffic count data.  Beck moved, 2^nd by Lancour to submit the application.  Motion carried.

Updated cost estimates:  Potential remodeling of Pro Health Care Building for Village Hall

Craig Ellsworth, Architect, addressed the Board with updated figures regarding possible purchase and remodeling of the Pro Health Care building or remodeling the existing Village Hall.  Cost figures totaled $1.2m for purchase and remodeling; and $1.2m for remodeling the existing Village Hall.  The Pro Health Care building is a 6,400 square foot facility with room for expansion; and the existing Village Hall is landlocked so it can only remain at 4,480 square feet.  Ellsworth verified the HVAC system for the Pro-Health Building would not accommodate the needs of an assembly hall, so a new rooftop unit would be required.  However, this would be helpful in zoning the two areas for separate heating and cooling needs.

Theresa Bates, 300 E. Spring Street, questioned the need for a new building and why the public had not been brought into the decision process.  Board members indicated this is an initial step in determining options for replacement of the building.  The offer to purchase the ProHealth Care Building will include numerous contingencies including conduct of a public hearing to solicit citizen input before a final decision is made.  As to the need for building replacement, several issues were identified including:  no area to expand on the existing site, a need for increased parking, staff needs, file storage needs, creation of private meeting space and prohibitive costs associated with upgrading the plumbing, electrical, and HVAC systems in the existing building.

Consensus of the Board was to proceed with the $825,000 offer authorized at the October 31, 2009 meeting.

2010 Sewer Utility Budget

Novy presented a 2010 sewer utility budget and recommended a 2010 quarterly rate of $81.41.  She reported the budget was structured in such a way to segregate the rate into three categories:  operation and maintenance, sewage treatment, and mechanical replacement funds.   2010 operation and maintenance costs were estimated at $72,444.  This includes utilities, maintenance expenses, administrative expenses and an annual budget of $7,300 to perform televising of 7.85 miles of sanitary sewer mains on a rotational 5 year schedule.  2010 sewage treatment costs are estimated at $200,000.  Novy recommended this portion of the budget and rate be reviewed every six months for adjustment based on actual costs.  The 2010 annual replacement fund contribution of $4,392 takes into account the existing fund balance, costs of replacing various pieces of mechanical equipment, and the estimated life of each piece of equipment.  Weinkauf moved, 2^nd by Bennett to approve the 2010 sewer utility budget and 2010 rate of $81.41 per unit.  Motion carried.

Report on information obtained at Municipal League Conference on Storm-water Utility Districts: 
Christopher Bennett

Bennett reported on a presentation conducted by Vierbicher Engineering out of Reedsburg, Wisconsin, at the Municipal League Conference. He noted emphasis on choosing a competent engineering firm when initializing formation of a storm-water utility district.  An engineering study ultimately creates the basis for forming the district.  Some funding for creation of a district can be covered by the Department of Natural Resources.  (Tierney interjected this is only for urbanized systems.)  Utilities are fee based and several fee structures were presented.  A storm-water utility district establishes an annual budget utilizing costs outlined in the engineering study.  Bennett stated conference members stressed the importance of educating residents on where their money is going and what benefits they are receiving when trying to form a district.  An average time frame for creation was stated as 1.5 to 2 years.  Bennett noted disks of the presentation were available.

Board members requested that the Town of Raymond be questioned on whether they were able to obtain any funding assistance for formation of their district.    

Resolution 2009-10 “Designating Public Depository and Authorizing Withdrawal of Village Moneys” to update signatures for Sewer Utility Accounts on deposit with Community State Bank

Novy reported this resolution is necessary to update authorized signatures.  Weinkauf moved, 2^nd by Beck to adopt Resolution #2009-10.  Motion carried.

Appointment to Library Board:  Diana Benavides

A recommendation from Beverly Jensen, Library Board President, was reviewed.  Beere moved, 2^nd by Weinkauf to appoint Diana Benavides to the Library Board as replacement for Arlouene Mulvey.  Motion carried.

Correspondence was read from Sherry Bartkowski requesting a refund for part of her building permit fee (issued with this month’s disbursements); and Western Racine County Sewerage District regarding a change in meeting dates to the third Tuesday of every month.

Committee Reports:

Public Works Committee:  Nothing to report.

Ordinance Committee:  Minutes from the previous meeting were distributed for review with direction that any concerns be reported back to the Committee. 

Honey Lake Protection and Rehabilitation Board:  Weinkauf reported opening snowplow bids at the last meeting.  The low bid was $18,000.  The District is thankful for the additional budgetary allotment of $5,000 to cover increasing costs.  Work on the Del Monte Lake/ Tahoe Lake equalization culvert has been delayed until next summer. 

Racine County Hazard Mitigation Task Force:  Novy reported attending the November 4^th meeting on Bennett’s behalf.   This is expected to be the last meeting of the committee.  The committee was working with Southeastern Wisconsin Regional Planning Commission (SEWRPC) to update the existing Hazard Mitigation Plan.  Chapters five and six of the plan were reviewed with emphasis on strategies to mitigate the impacts of flooding throughout the County.  Flooding was noted as the most predictable hazard, thereby the easiest to identify measures to protect against damage.   Other identified hazards, such as disease, structure fires, severe weather, motor vehicle accidents, etc., are difficult to develop mitigation strategies for because of their unpredictable natures.  Novy indicated the plan includes a map of recommended measures against flooding, including maintenance of and, in some cases, enlargement of channels and drainage ways throughout the County.   She indicated no information was provided for the area west of the Fox River in Rochester.  She will follow up by providing SEWRPC information on work being done to mitigate flooding caused by the malfunction of certain farm drain tile systems in the Village.

Finance Committee:  Beck reported the recommendation of the Finance Committee to approve all disbursements listed on the check detail dated October 13 – November 9, 2009 with the exception of check #2677, issued to L.W. Allen, which was referred to the Public Works Manager to discuss with the vendor.   The committee also recommended cashing in certificate of deposit #4030552 and transferring proceeds to the Village General money market account; and re-investing Park Fund certificates of deposit #4030877 and #403055 for six months at the best rate of interest available. 

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

Weinkauf moved, 2^nd by Bennett to adjourn at 10:16 p.m.  Motion carried.

Respectfully submitted,

Betty J. Novy, CMC

Clerk-Treasurer