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#09-14-09 Regular Board Meeting

#09-29-09 Special Board Meeting

September 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;  John Tierney, Engineer; and Christopher Birkett, Public Works Director were also present.

Pledge of Allegiance.

Minutes.  Bennett moved, 2^nd by Weinkauf to approve minutes of the July 27, August 10, and August 24, 2009 meetings as printed.  Motion carried.

Period for Public Comment (for items not on the agenda).  Tom Schilling and Paula Heyer addressed the Board regarding a fence built on private property in an access easement that serves the Heyer property, 32033 Washington Avenue.  Schilling asked that the Board deny a building permit to the owner of the property until the fence was removed from the easement.  Novy and Beere reported on Paula Heyer’s previous inquiry to be placed on the agenda requesting this action.  Investigation by the Village Attorney confirmed it is not within the power of the Board to deny a building permit for that reason.  The village has no ordinances which regulate placement of fences and the access easement has no restriction on structures.  The access/ fence issue was determined to be a civil matter between two property owners.  It was suggested that Heyer hire an attorney if she wishes to pursue the matter in court.

Department Reports:

Fire Department:

Asst. Chief Jack Biermann reported on acquisition of a smoke house for the “Day in the Country” event.   Chief Dahlberg is expected back from Canada next week.  Weinkauf questioned when the grass rig needs to be replaced.  It was noted it was originally scheduled for replacement in 2008, but replacement was delayed and a pumper-tanker replaced instead.  Biermann reported the grass rig passed a recent inspection and could last a couple more years.  He noted all vehicles were inspected last week.  The used pumper purchased last year required replacement of three electrical parts.  There was also an inquiry regarding hiring part time emergency medical technicians (EMTs) to cover the Monday through Friday day time shift.  Biermann reported EMT personnel have been factored into the department’s 2010 budget.  This will be presented at the budget meeting.  

Sheriff’s Department. 

Sheriff Carlsen addressed the Board reporting follow up to Academy - Heritage Road safety concerns discussed at the July meeting.  Carlsen reported on a meeting with Deputy Formalo, County Public Works engineers and Department of Transportation officials.  Together they came up with the following action plan:

(1.)   Signage will be replaced with a highly reflective type;

(2.)   Arrows on the west curve will be made larger and be placed in a slightly different location to optimize visibility;

(3.)   Chevron arrows will be installed in coordination with the larger sign on the west curve;

(4.)   There will be a lower advisory speed limit sign on the west curve (reduced to 25 mph);

(5.)   They will request that the County Board reduce the speed limit on County Highway FF from 55 mph to 45 mph from the previous Village limits west to Maple Road;

(6.)   They are considering rumble strips on the shoulders in the curves; and

(7.)   The Sheriff’s Department will also provide additional enforcement when the speed limit is changed.

Bennett requested that rumble strips only be installed if it is found that the other efforts are not successful.  He thought the noise they generate might be disturbing to neighbors.  Carlsen was thanked for these efforts.

Deputy Castillo then submitted a written report showing the following statistics for August:  zero accidents; nineteen speeding citations, seven traffic citations, ten parking citations and fifteen warnings were issued.  There were zero arrests.  Complaint statistics were as follows:  twenty-one complaints originated through calls directly to the Sheriff’s Department; Deputy Castillo assisted with one additional complaint, originated fifty-seven on his own and performed follow up on twenty-four. He reported nineteen working days, 156.5 hours and 1,395 miles driven.  Twenty-seven foot patrols were conducted. 

Castillo reported arranging for child identification kits to be distributed during the “Day in the Country” event compliments of ADT Security Systems.   “McGruff” the crime dog may also be attending.  He also reported on a meeting with “Day in the

Country” committee members.  Future crime-prevention monthly meetings with business owners were discussed.  Castillo will be following through on that concept.

Additionally, Castillo reported on an anonymous complaint that had been forwarded to the Board regarding a property on S. Rochester Street.  The complaint referred to a brush pile which a neighbor claimed was harboring rodents.  The complaint indicated the property was in violation of Village ordinances, but the owner was getting preferential treatment from local officials.  Castillo visited the subject property and noted the brush pile, but did not see it as out of the ordinary from other properties within the Village. 

Chart questioned progress on removal of junk cars from the Fait property.   He continues to get complaints from neighbors.  The current count is nine cars in front of the barn and several behind a shed.  Castillo indicated he is continuing work with Mr. Fait but will have to get more aggressive with deadlines.  Birkett indicated he may know some sources to take the cars.  Castillo also reported on motorcycle complaints during a recent “Toy Run” event.  Unfortunately, his timing was not good in terms of being in the same location as the motorcycles.

Public Works.   

Birkett’s written report was reviewed follows:

Lift Station:  Weekly maintenance of valves and generators.  Pump two is back in the E. Main Street lift station.  Pump one  is offline due to a seal leak.  I have a call into L.W. Allen about that issue.

Sewer: Laterals on Evergreen Drive.  Home owner would like to hire his own contractor.  I have dropped information to him for that process, including specifications, time frame, etc.

Roads:  Started preparation for winter touching up pot holes.  We are in pretty good shape right now.  Spoke with County about wash outs to be repaired.  Should be completed by October 1^st.  Pave-Tech repaired storm grate on Eagle Ridge.  Will be speaking to them about repair.  Does not look to have been done properly.  Crack-filling has been completed.  I am very happy with the job they did.

Budget work:  Ongoing working with Betty on numbers and am also laying out two through five year plans on shouldering, brush, signage, etc.

Parks are in good shape.  Lights on library are done, I need to check them out at night.  Will start on graffiti in next few weeks. 

Animal Control is quiet.

House on Front Street.  I have not heard from owner about mowing or clean up.

Farmers Market informational meeting is on for September 17^th at 7:30 p.m. at Village Hall.  Trustee Bennett is taking the lead with assistance from me.

Camelback Farms II Shoulder Quote

Birkett reported on Public Works Committee review of three proposals to repair the shoulder, one from Reesman’s Excavating for $11,700; one from Wanasek Corporation for $7,100; and one from Andy’s Excavating for $$9,428.  The proposal from Wanasek included 230 tons of road gravel; and the proposal from Andy’s Excavating included 475 tons of road gravel.  They recommended the work be awarded to Andy’s Excavating for $9,428.  They also recommended using crushed limestone instead of road gravel due to continual wash outs at this location.  Limestone was thought to make the shoulder more stable.  The price for limestone was quoted at an additional $1,000.  Johnson moved, 2^nd by Bennett to have Andy’s Excavating perform the work and use limestone for a total cost of $10,428.  Motion carried.

Errors and Ommissions Claim:  N. Rochester Street Culvert Elevations

Birkett reported on Public Works Committee review of engineering costs to pursue an errors and omissions claim vs. costs to reinstall the culvert at the correct elevation.  They recommended rolling correction of culvert elevations into the road project when N. River Road/ N. Rochester Street is scheduled for reconstruction.  Consensus of the Board was to agree with this approach.

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.

2009 Street Improvements- Design:  Village Board awarded bid to Payne & Dolan, Inc.  Sent construction contracts to Payne & Dolan, Inc. for execution.

Settlement of Rochester Condominiums:  Met on-site with potential developer, Cornerstone Development, to review outstanding deficiencies and discuss modifications moving forward.

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.

407 N. Front Street Grading and Drainage Plan Review:  Discussed project with Building Inspector and visited the site following grading and seeding.

Ag School Drain Tile Study:  Information collected on tributary drainage areas.  Topographic survey conducted of culvert road crossings and field investigation conducted on the Ela property.

Tierney reported intent to schedule a meeting with Payne and Dolan this week.  He noted site improvements to the Mayer property were successful and that water should drain much more effectively.   In regards to the tile study, he noted further investigation is needed to determine whether water is getting into the tile system from Waterford.  Surface elevations are contrary, but somehow the water is getting there.  There may be an underground system.

Zoning.  Jon Schattner presented his written report showing ten zoning permits issued for the months of June, July and August; and one application for variance.  To date, $5,095 has been collected for zoning permits.  The first Board of Appeals meeting was held June 25^th.  A public hearing was held regarding a proposed land division in Honey Lake.  The variance request was denied due to concerns with private septic systems in the area.  A second variance hearing was held in August for a parcel that had no road frontage and required access by easement through a Walworth County parcel.  That variance passed.  Schattner is investigating several complaints, one regarding a sign on Beck and Evergreen Drives and another regarding a commercial truck being parked in a residential area.  He also notified the Board he will be reviewing a pond permit for the Pitsch property on Washington Avenue.  It will follow the same process as the Hoppe pond permit on this meeting’s agenda.

Building Inspection:  Lee Greivell presented written reports showing permits issued for June, July and August.  He noted increased activity from past months and that permits were pulled for three new homes during the past quarter.  Board members questioned Lee on provision of office hours.  Lee reported providing two office hours per week on Wednesdays from 10:30 a.m. to 12:30 p.m.  So far things are going well.

Site Plan Review:  Application for Pond Permit for 28218 Washington Avenue

Owners:  James and Diane Hoppe

Parcel #176031901003020

Schattner and Weinkauf reported on Plan Commission review of the permit request.  The Plan Commission recommended approval subject to: conditions established by the zoning administrator, animal guards on the drain tile openings, and contact with Ruth Frost, an abutting property owner.  Schattner reported Mrs. Frost came into the municipal office the day after the Plan Commission meeting and indicated no problems with the proposed pond.   Weinkauf moved, 2^nd by Johnson to approve the Hoppe Pond Permit subject to the conditions established by the Plan Commission.  Motion carried.

Request to suspend no parking restriction on Evergreen Drive for American Power “Carve-A-Thon” charity benefit for Make-A-Wish Foundation-  September 18^th & 19^th : Bonnie Magestro

Bonnie Magestro addressed the Board with the above request to accommodate the charity event.  She indicated the event will be all day Friday, the 18^th; and until 5:00 p.m. on Saturday the 19^th.  She has permission from owners of Roesing Furniture and Java Jo’z coffee shop to utilize their parking lots, but would like to ensure adequate parking by allowing on street parking as well.  Chart moved, 2^nd by Bennett to lift the “No Parking” restriction on Evergreen Drive on one side of the road only, alongside of Roesing Furniture.  Motion carried.   Birkett indicated he will cover the signs for the duration of the event.

Request for suspension of occupancy permit until as-built survey shows engineer approved grade at 407 N. Front Street:  Fred Chart/ Wilma Howe

Fred Chart addressed the Board with the above request and provided pictures showing changes to the grade in the rear yard of 407 N. Front Street that had occurred when an earlier addition to the home was constructed.  He claimed these earlier changes had caused flooding on the Howe property, 403 N. Front Street.  Subsequently, the home at 407 N. Front Street burned down and a new home is under construction on the lot.  Excavations from the foundation for the new home were not properly silt fenced at the start of construction.  Some of the dirt pile spilled over the lot line onto the Howe property, making the Howe’s lawn difficult to maintain.   At the time, construction was stopped and the Village Engineer was brought in to establish grades for the new house.  Final grading of the lot has recently been completed.  Chart asked that the Board require an as-built survey to verify the final grade is compliant before issuing an occupancy permit for the new home.    

Mike Mansell, owner of 407 N. Front Street, addressed the Board.  He indicated complaints by Fred Chart and Wilma Howe have caused him numerous extra expenses in building the home.  He did not see the need to incur the additional expense of a survey.

Lee Greivell, Building Inspector; and John Tierney, Engineer, reported visiting the property.  From visual observations, they both agreed the grades meet what was specified.  Greivell indicated it is not customary to require an as-built survey unless specific concerns warrant the request.   Neither he nor the engineer identified any areas of special concern.   Counsel from the Village Attorney also indicated if no safety issue exists, an occupancy permit cannot be denied.

Consensus of the Board was to deny the request.

Resolution # 2009-8 to provide for the Charging of Interest on Overdue Bills

Novy reported several developers have not been paying their bills on a timely basis.  To date, the Village has not charged interest on these bills.  She asked that the Board consider imposing an interest rate on overdue bills and introduced a resolution establishing a rate of 1% per month.  Beck moved, 2^nd by Lancour to adopt Resolution #2009-8.  Motion carried.

First Reading:  Ordinance 2009-5 Providing for the Repeal of Chapter XI, Quarries, Gravel Pits and Asphalt/ Concrete Plants, of the (former) Town of Rochester Code of Ordinances, and the enactment of the newly created Ch. 15, Section 3.084, M-4, Quarrying District, Section 5.07c, Special Conditional Use Provisions for Quarrying Operations, and additions to Section 17.01, General Definitions of the Village of Rochester Municipal Code, which apply to the entire Corporate Limits of the Consolidated Village of Rochester, and to re-zone the existing ((former) Town Quarrying Operations, and to Provide for the Imposition of Fees and Forfeitures

Schattner reported on work performed to merge Racine County and former town ordinances regulating quarry operations.  He indicated Ordinance 2009-5 was written to be inserted into the existing Village of Rochester zoning code.  The ordinance requires quarry operations to undergo a conditional use permit process and includes a list of submittal requirements specific to that use.  He noted mining reclamation plan requirements are administered by Racine County.  He also reported Racine County already requires that local municipalities be named on bonds insuring that reclamation occurs as planned.  Weinkauf moved, 2^nd by Bennett to schedule a public hearing on Ordinance 2009-5 for the October meeting.  Motion carried.

Notice of Hiring an Engineer:  Norway-Dover Drainage District

Novy reported the purpose of the notice is to meet procedural requirements of a previous annexation attempt by the Norway-Dover District.  Racine County filed an injunction that stopped the attempt based on non-compliance with this and other requirements.   Weinkauf reported on a meeting with Drainage Board and other local officials.   He indicated the Drainage Board will need to spend approximately $300,000 to address all procedural requirements, including conformance with Department of Agriculture regulations.  The County has offered to borrow the District the funds at a rate of 2% per year, to be paid back within two years.  Efforts by the Village to address the annexation proposal were discussed.  Several Village properties identified in the proposal have engineered drainage systems which direct water away from the Wind Lake Drainage Canal (the canal which is subject of the annexation proposal).  Consensus of the Board was to contact Griswold Engineering, the firm hired by the Norway-Dover Drainage District, and request a list of information needed to remove properties in the Village that do not drain to the canal from the annexation list.

Development Status:  “The Settlement of Rochester”

Novy reported Equitable Bank took receivership of the “The Settlement” on August 14^th.   A copy of a list of outstanding items and issues, provided to Cornerstone Development, was provided.  Cornerstone is working with the bank and will most likely act as their agent to finish out the development.    Tierney reported on a meeting with a representative from Cornerstone.  They are soliciting proposals for completion of the County Highway J turn lane and hope to get it finished before the end of the construction season.  In addition, the bank issued a new letter of credit guaranteeing development improvements. 

2009-2011 Audit Contract

A proposed audit contract from James Frechette, CPA, for years 2009 – 2011, was reviewed.  Novy reported Frechette has been the Village Auditor for many years and recommended approval.  Consensus of the Board was to solicit additional proposals.

NIMS Training Requirements for Elected Officials

Novy reported all Board members were appointed to the Emergency Operations Committee and could be involved if a crisis occurred in the Village.  National Incident Management System (NIMS) requirements set guidelines for training by elected officials.  Most of the training is available online.   Consensus of the Board was to set up some winter training sessions at the Municipal Building at the December meeting.

Resignation of Dave Pattengale from Zoning Board of Appeals

Novy reported Pattengale’s notification that his schedule no longer allows service on the Zoning Board of Appeals.  Jim Henning, 1^st alternate, offered to serve as a regular member.   However, another alternate will need to be appointed.    Beck moved, 2^nd by Johnson to accept Pattengale’s resignation and appoint Jim Henning as a regular member.  Motion carried.

Set Date for Fire Department- Library Budget meeting

Two alternate dates were set:  September 29^th or October 1^st at 6:30 p.m.  A preference of September 29^th was stated based on availability of fire department and library representatives. 

Correspondence was read from Senator Lehman regarding the Norway-Dover Drainage District annexation proposal.  He will be working to create legislation to address some of the issues raised regarding formation and regulation of drainage districts.

Public Works Committee:  Bennett reported minutes of the September 1^st meeting are not quite finished.  Birkett reported a concept being explored by the committee to hold a “Dog Days of Summer” event which residents could bring their dogs to they could arrange for vaccinations and chipping at a discounted rate.  Also, a meeting is being held by interested vendors and business owners to begin a Farmer’s Market on State Street by the church.  Representatives of the committee will attend.  There appears to be a lot of interest.  Further report on this topic will be offered at the October meeting. 

Ordinance Committee:  Novy apologized for not distributing minutes in advance of the meeting.  They will be distributed shortly and any comments should be directed to committee members.  There was discussion about the ability of individuals to hunt in subdivisions and/or areas zoned residential.  It was noted the ordinance committee will ultimately make recommendations on this topic.

Honey Lake Protection and Rehabilitation Board:   Weinkauf reported on attendance at the District’s annual meeting.  The largest item of discussion was the Del Monte Lake/ Tahoe Lake Equalization culvert. The project is out for bids at an estimated cost of $30,000.    The increased cost of snowplowing was also discussed.

Complete Count Committee:  Novy reported on the committee’s meeting with Frank Lamm, a representative of the U.S. Census.  Lamm reported on the importance of participating in the census and all the uses census data has.  An order was placed for promotional materials to distribute at the “Day in the Country” event.  However, only a box of note pads was delivered to date.   Deputy Clerk Swan is following up on the order.  If enough materials are received, the committee will set up an informational booth to promote participation in the census at the event.  Additional efforts will be made through insertions in Village newsletters and the property tax flyer.

Finance Committee Report:  Beck reported the recommendation of the Finance Committee to approve all disbursements listed on the check detail of August 11, 2009 through September 14, 2009 with the exception of payment to Pave-Tech, which is to be held until the Public Works Manager is satisfied with the work that was done.  Beck also reported recommendation of the committee to cash certificate of deposit #4030805, Community State Bank, due September 28^th, with a balance of $251,197.26, and transfer funds to the General Fund.  The Committee also recommended reinvestment of Sewer Utility Fund certificate of deposit #4030804, with a balance of $200,957.81, to reinvest at six months at the best rate of interest available.  

Beck also reported beginning work on a manual for Village employees. A draft copy was reviewed and discussions have begun on the organizational structure of the village, vacation, and insurance issues.  A special meeting was scheduled for Monday, September 28th to continue discussion on employment issues and the 2010 budget. 

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

Weinkauf questioned sewage treatment costs this year since televising has proven infiltration in both Village and Western Racine County Sewerage District lines.  Novy reported preliminary analysis of user rates versus expenses for presentation at this meeting.  However, some equipment replacement costs were not consistent and she wished to conduct further research before making a recommendation on this issue.  To date, sewage treatment costs are up 2% from an average of the previous two years.  There will be further information to report at the October meeting.

Weinkauf moved, 2^nd by Johnson to adjourn at 10:07 p.m.  Motion carried.

Respectfully submitted,

Betty J. Novy, CMC

Clerk-Treasurer

SEPTEMBER 29, 2009        SPECIAL BOARD MEETING          6:30 p.m.

Meeting was called to order at 7:00 p.m. with Paul Beere, Gary Beck, Mike Weinkauf, Chris Johnson, Chris Bennett and Ed Chart present. Bob Lancour arrived at 6:50 p.m. Deputy Clerk-Treasurer, Sandi Swan was also present.

Rochester Public Library 2010 Proposal

Beverly Jensen, President of the Library Board, introduced Library Board members who were present as follows: Rachel Bennett, Jill Haubrich, Wendy Ela and Carolyn Johnson. Jensen stated that Cara Rogers was absent and there is one open seat on the Board that they are actively trying to fill. Mary Stapleton, Library Director, was also present.

Beverly Jensen presented annual circulation for 2008. The Rochester library circulated 41,122 items and had 24,302 visits. They had 184 children’s programs.  325 children participated in the summer reading program. The Rochester Library loaned 9,172 items to other libraries and borrowed 4,573 items.

Mary Stapleton presented the library’s 2010 budget proposal. The overall budget showed a 0% increase from 2009 with the Village portion being $102,870.00. The Village Board appreciated that the Library is holding the line and not asking for an increase. Stapleton stated that she will come in under budget for 2009 because she missed a lot of work during 2009.

Rochester Volunteer Fire & Rescue Co 2010 Budget Proposal

Jack Biermann, Asst. Fire Chief, and Mike Kempken, Treasurer, presented the Village Board with their 2008-2009 annual report and proposed budget for 2010 -2011. Walter Henning also represented the Fire Company.

The 2008-2009 annual report contained the following statistics:

The budget request for 2009-2010 was $170,175.00 in anticipated expenses minus (-) $12,200 in anticipated revenues ($168,975). This is a 45% increase from the 2009 funding proposal. The major reason for this increase is due to the interest in hiring a full time rescue position.

A truck replacement schedule was included with budget materials. Replacement of a 1988 Grass Rig was scheduled for replacement in 2008. Discussion was held about replacing the truck in 2010. Biermann will get price quotes and bring them to the October 12, 2009 Board meeting. Discussion was held as to the possibility of the old grass rig being utilized for the Public Works Dept. The truck has approximately 8,000 miles on it.

Request to delay repair of dry hydrant in “The Settlement” condominium project until next spring

Weinkauf questioned Biermann if there would be a safety concern if the repair isn’t completed until spring. Biermann stated that the hydrant has not worked since it was initially installed. He did not feel it would make a huge difference waiting until spring to have it repaired. He expressed that he would rather wait and have it repaired correctly than have a quick fix on it now and then again at another time. He stated that if there was a fire in the condominium project he has alternate locations already picked out to retrieve water at.

Beck moved, 2^nd by Johnson to approve the request to delay any repair to the dry hydrant located in “The Settlement” until May of 2010. Motion carried.

Beck moved, 2^nd by Weinkauf to adjourn at 8:45 p.m. Motion carried.

Respectfully submitted by,

Sandi Swan

Deputy Clerk-Treasurer