April 12, 2010
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, was also present. Christopher Birkett, Public
Works Director, was absent.
Pledge of Allegiance.
Minutes. Weinkauf moved, 2nd by Bennett to approve minutes of the March 8,
2010 meeting as printed. Motion carried.
Period for Public Comment (for items not on the agenda). There was none.
Department Reports:
Sheriff.
Deputy Castillo submitted a written report showing the following statistics for
March: one accident; fifteen speeding citations, five traffic citations,
five parking citations and ten warnings were issued. There was one felony
arrest. Complaint statistics were as follows: Seventeen complaints
originated through calls directly to the Sheriff’s Department; Deputy Castillo
assisted with two additional complaints, originated thirty-eight on his own and
performed follow up on twenty-three. He reported seventeen working days, 139.5
hours and 1,153 miles driven. Twenty foot patrols were conducted.
Additionally, Castillo reported two requests for extra attention to speed
enforcement on N. River and Front Streets. After school traffic is the
primary problem. Castillo is continuing work to get abandoned and junk
vehicles removed from Village properties. There has been no further
reports of vandalism in the parks. However, an extra attention has been
issued to address speeding in Case Eagle Park. Weinkauf reported on a
meeting recently held to discuss sex offender residency ordinances. He
noted several problems associated with adoption of this type of ordinance and
requested, as an alternative, that Deputy Castillo perform periodic checks and
provide information to the Board regarding registered sex offenders living in
the community. Deputy Castillo agreed to initiate this practice.
Public Works. Birkett’s written report was reviewed follows:
Lift Stations/ Sewer: Weekly testing of stations. Ace Sewer Cleaning
will be starting on April 19, 2010. Manhole covers on Fox Knoll have been
replaced. I will be contacting lateral owners on N. River Road and lining
up lateral televising.
Roads: Spring housekeeping is ongoing. Shoulder touch up and
potholes should be completed this month. Shouldering projects are being
scheduled for late April or May. Trash pick up on roadsides is ongoing.
Brintnall will be taking care of snowplow damage.
Parks: Pioneer will be cleaned up and ready for the year in next two
weeks. Tables will be anchored. River bank brush will be cleaned up
and removed. Case Eagle is ready for the season, fence has been checked
and repaired, trash barrels, etc. Jerry Hyning is going to work over ball
diamonds when conditions and weather allow. I will be fertilizing all
parks this month.
Animal Control. The stray dog I had has gone to a good home in Sturtevant with
the help of Jennifer at Community State Bank. I facilitated the neutering
of three cats in a trial program that the Village did not have to pay for.
Drainage. Ongoing. I will be mailing letters out to property owners
along the Ag School Drainage Tile with the date of informational meeting to
coincide with the May DPW meeting. Will report at May Board meeting on how
it went. I have started work on the Village wide drain tile map.
Working on it as time allows.
In Birkett’s absence, Bennett reported on items discussed at the April Public
Works Committee meeting as follows:
Installation of rip-rap in Pioneer Park and interest by Community State Bank to
install a permanent gazebo;
Purchase of the Coral Reef property- the $1.2m cost is prohibitive;
A spay-neuter program available for $20;
Rowntree Road culvert replacement- Birkett will be getting bids;
Soliciting bids on crack-filling;
Sewer televising and working with Chances to implement a grease enzyme product;
and
Planting lilacs around the port-a-pottie pad at Rochester Commons Park
Engineer. Tierney’s written report was reviewed as follows:
Trail of Pines Condominiums: Reviewed submitted as-built drawings.
Visited site to verify some sewer elevations and conditions. Prepared
reply message to Custom Grading regarding corrections to the as-built plans and
specific certifications needed by the design engineer related to grading and
drainage.
Coyote Territory Subdivision: No activity this period.
Rookery Landing Subdivision: No activity this period. Continue
monitoring drainage on Blue Crane Court. Coordinate easements as
necessary.
2009 Street Improvements: No activity this period. Will
contact Payne & Dolan regarding punch-list and shoulder problems.
Settlement of Rochester Condominiums: No activity this period.
Review revised plans as needed.
Ag School Drain Tile Study: No activity this period. Prepare
presentation to land owners regarding tile system study.
Basic Village Engineering Services: Assisted PW Superintendent with culvert
replacement specifications on Rowntree Road. Drove Village roads with PD
Superintendent to establish a strategy for future repairs.
Conditional Use for continuation of a sand & gravel extraction operation at
815 N. English Settlement Avenue
Owners/Applicants: Reesman Group II, LLC
Parcel Id#176031912002000 & 176031913002030
Schattner presented an aerial view and a panoramic photograph of the Reesman
gravel pit. He reported on the public hearing held at the April 5, 2010
Plan Commission meeting. The Plan Commission recommended approval of the
two-year conditional use permit incorporating all recommendations specified in
his memorandum dated March 31, 2010 with the following exceptions:
· Item number 11 was to be
amended to specify a 7:00 a.m. start time on Saturdays;
· A provision was to be added to
require extra watering or dust control measures during crushing operations
and/or dry periods; and
· Compliance with all Racine
County restoration requirements.
Weinkauf moved, 2nd by Bennett to approve the two-year conditional use permit
for continuation of Reesman Group II’s sand and gravel operation at 815 N.
English Settlement Avenue subject to the conditions and recommendations of the
Plan Commission. Motion carried.
Conditional Use for continuation of a sand & gravel extraction operation at
31844 Washington Avenue
Owners/ Applicants: Parkview Sand & Gravel, LLC
Parcel Id#s: 176031903021000, 176031903025000, & 176031903028000
Schattner presented an aerial view and a panoramic photograph of the Parkview
Sand and Gravel pit. A public hearing was also held on this issue at the
April 5, 2010 Plan Commission meeting. The Plan Commission recommended
approval of the two-year conditional use permit incorporating all
recommendations specified in his memorandum dated March 30, 2010 with the
following exceptions:
· Item number 16 is to be
amended to specify a 7:00 a.m. start time on Saturdays;
· A provision is to be added to
require extra watering or dust control measures during crushing operations
and/or dry periods;
· Compliance with all Racine
County restoration requirements; and
· Compliance with all Town of
Waterford gravel pit permit requirements.
Weinkauf moved, 2nd by Beck to approve the two-year conditional use permit for
continuation of Parkview Sand & Gravel’s sand and gravel operation at 31844
Washington Avenue subject to the conditions and recommendations of the Plan
Commission. Motion carried.
First Reading: Ordinance #2010-1 to Rezone from A-2, General Farming
& Residential District II, & C-1, Resource Conservation District, to B-3,
Commercial Service District, the property located on the SE corner of English
Settlement Ave. (CTH J) and State Highway 36 (STH 36)
Owners: Mike & Kim Rosenthal
Parcel Id#176031911011020
Schattner presented an aerial view of the applicant parcel. A public
hearing was also held on this issue at the April 5, 2010 Plan Commission
meeting. The Plan Commission recommended approval of the re-zoning based
on the reasons outlined in his memorandum of March 30, 2010. Beere
reported concern expressed over commercial access for the parcel due to its
close proximity to the intersection of State Highway 36 and County Highway J.
Schattner explained the shape of the parcel will require any driveway to be a
substantial length. He believes this will mitigate stacking of traffic on
the highways. Bennett moved, 2nd by Weinkauf to schedule a public hearing
for the re-zoning ordinance for the May 10, 2010 meeting. Motion carried.
Seidel Drive Drainage Issues: Adam Schaefer, 32820 Seidel Drive
Adam Schaefer addressed the Board requesting assistance with a drainage problem
on his lot. Beere explained this issue is on the agenda for the Board to
make a final determination on whether the drainage problem is a village problem
or a private matter. A drainage easement runs through a number of lots on
Seidel Drive, but there is no indication who owns the easement. Therefore,
it is the responsibility of each individual property owner to maintain the
drainage system. Schaefer is seeking assistance from the Board to get his
neighbors to accept that responsibility.
Weinkauf reported the drainage easement was last cleaned out in 1983 by a
private contractor. Since then, the easement has filled with silt,
dirt and grass. A pole barn was also built in the drainage easement.
Weinkauf owns one property to which the drainage easement flows. He
indicated willingness to clean out that area, but noted participation is needed
from all involved property owners to make the system work properly. Weinkauf
noted this is not a Village matter, but a matter between private land owners.
Weinkauf and Johnson indicated willingness to assist Schaefer privately in
contacting property owners and working towards establishing a proper grade along
the easement.
Western Racine County Health Department Annual Report (2009): Cheryl
Mazmanian
Cheryl Mazmanian, Health Officer, reported the following information:
Incident Command System (ICS) training was helpful in conducting H1N1
vaccination clinics. 3,076 vaccines were provided during three mass
clinics. Staff received many compliments on how organized the clinics were. 18
smaller clinics were also held. Back to school requirements were increased
to require two DPT vaccines. During regular clinics, 3,038 immunizations
were given, 1,671 were not H1N1. 607 pounds of pharmaceuticals were
collected during two medication drop off events. The department was
re-certified in 2009 as a Level II Health Department by the State of Wisconsin.
The re-certification process occurs every five years. Women and Infant
Care (WIC) program participation increased 26% last year. Teen pregnancy
prevention, home visitation, annual fitness challenge, car seat, and lead
testing programs continue to be provided. Through participation in the
healthcare satellite program, 145 free health care appointments and 103 low cost
or free medications were provided to low income families with no health
insurance. The average cost of public health statewide is $13.33 per
capita. Western Racine County’s average cost was $6.44 per capita.
Rochester’s 2009 services were provided at a cost of $5.43 per capita. The
health department is continuing to watch the H1N1 virus. They are also
providing Adult Immunization Clinics for the first time where Hepatitis A & B,
Tetanus, Varicella, MMR and Adult Pappillomavirus vaccines are available at a
low cost. A pet rabies vaccination clinic was also provided to 60 plus
participants.
Andrea Yaeger addressed the Board as the Public Health Nurse specifically
assigned to Rochester. She reported on environmental complaints and
communicable diseases particular to Rochester. The Board thanked Cheryl
and Andrea for the report.
Western Racine County Sewerage District (WRCSD) User Charge System Ordinance
Vince Klemko, representative to WRCSD, addressed the Board to introduce the
proposed ordinance. The ordinance creates a connection fee of $2,750 for
properties already within the Western Racine County Sewerage District, which is
to be collected by the municipality and then forwarded to the District.
Jeff Bratz, Treatment Plant Operator, addressed the Board. Bratz explained
this is a new fee being implemented to help with debt payments for recent
improvements that increased the capacity of the treatment plant. The
improvements were performed to accommodate future growth in the district.
The rationale of the connection fee is to capture revenue from properties within
the district that have never connected, and therefore have not been paying
towards plant improvements. The public hearing on the ordinance will
be held Tuesday, May 4th at the Western Racine County Sewerage Treatment plant
beginning at 7:00 p.m.
Storm Water Drainage Easement and Agreement for Rookery Landing Estates West;
Second Amendment to Declaration of Restrictions, Covenants, and Easements for
Rookery Landing Estates West Subdivision; and Third Amendment to
Declaration of Restrictions, Covenants, and Easements for Rookery Landing
Estates East Subdivision
Novy reported on the Village Attorney’s review and recommendation on the
documents. They address previous concerns regarding having the proper
easements and maintenance provisions in place for modifications that had
occurred to the original drainage systems. Weinkauf reported some
additional drainage concerns that had been reported to him by the Andersons’
(abutting property owners to Rookery Landing East Subdivision). It was
noted that these additional concerns were not related to the documents submitted
for approval. Greg Reesman, developer, was present in the audience.
Reesman indicated he would meet on site with the Andersons’ and any Board
members to alleviate drainage problems if there are any found. Beck moved,
2nd by Johnson to approve the Storm Water Drainage Easement and Agreement for
Rookery Landing Estates West; Second Amendment to Declaration of
Restrictions, Covenants, and Easements for Rookery Landing Estates West
Subdivision; and Third Amendment to Declaration of Restrictions,
Covenants, and Easements for Rookery Landing Estates East Subdivision.
Votes were: Beere: Aye; Beck: Aye; Bennett:
Aye; Chart: Aye; Johnson: Aye; Lancour: Aye;
Weinkauf: Naye. Motion passed.
Resolution #2010-4 adopting the 2010 Fee Schedule
Novy reported the only change to the fee schedule from what was presented at the
March meeting was updating the pond permit fee to $300.00. Jon Schattner,
Zoning Administrator, explained that the pond permit process has been reviewed
and revised so that the Public Works Manager makes the initial determination of
whether proposed ponds impact area drainage. When this condition exists,
more review will be required. When this condition does not exist, the
approval process will be streamlined. Bennett moved, 2nd by Johnson to adopt
Resolution #2010-4 adopting the 2010 Fee Schedule. Motion carried.
Discuss Handicap Accessibility Needs for Village Meetings
Novy reported counsel of the Village Attorney to move public meetings to a
handicap accessible location or to perform whatever immediate renovations are
necessary to make the current municipal building comply with American Disability
Act (ADA) requirements. She is concerned about potential lawsuits.
The back room at the library provides a handicap accessible restroom. That
location could be utilized for most village meetings. Beere indicated
local schools are another option when/ if that is not feasible. There were
multiple comments from residents present at the meeting questioning whether
compliance with handicap accessibility requirements is really necessary.
Additionally, Board members questioned whether the back room of the library is
completely accessible. Weinkauf moved, 2nd by Beck to table action on the
issue until further research is performed on what is necessary to make the back
room of the library comply with ADA requirements. Motion carried.
Receipt of Petition requesting a Special Referendum
Novy reported on additional research performed by the Village Attorney on the
petition requesting a special referendum that was submitted at the April 7th
Special Board meeting. Wisconsin Statute 8.40(2) allows a special
election to be called via a petition of the electors. However, the
submitted petition lacked the proper certification statement for the
circulators. The attorney provided further direction that the
Village Board should officially acknowledge receipt of the petition and note
that it does not meet legal requirements. Though not legally binding, the
Board may comply with the petition’s direction which is to solicit further input
on the village hall project by holding a special referendum election that adds
an additional option to the referendum question offered on the April 6th
election ballot. The additional option is to remodel the existing village
hall. Novy estimated the cost of holding a special referendum election at
$1,500. Board members explained to residents present at the meeting why
the requested option was not placed on the original referendum ballot.
Weinkauf moved, 2nd by Lancour to reject the request to hold a special
referendum election. Motion carried.
Establish and Appoint Adhoc Building Committee for Village Hall
Board members agreed on creation and composition of a Building Committee for a
village hall as three board members and four citizen members. Beere
appointed Board members Chart, Weinkauf and Lancour to serve on the committee;
and citizen members Russ Kumbier and Peggy Shumway. Consensus of the Board
was to table the issue for the May meeting to make final appointments.
Sexual Offender Ordinance Considerations
Novy reported on information presented on sex offender residency restriction
ordinances provided at a multi-jurisdictional board meeting held March 24th.
An attorney, law enforcement officer, and a representative from the State
Department of Corrections provided information on procedures, effectiveness, and
known problems with implementing these types of ordinances. Weinkauf
reported an undesirable result of implementing residency restriction ordinances
in other states is that sex offenders stop registering and go underground.
The role of the sex offender registry is to make people aware of who sex
offenders are and where they live. If offenders do not register, this
advantage is lost in protecting children and others in the community. It
was also noted that a sex offender pre-emption bill is working its way through
the state legislature that prohibits municipalities from regulating the
placement or residency of sex offenders released from prison. Consensus of
the Board was to focus on identification and tracking of sex offenders in the
community rather than implementing residency requirements.
2010 Crack Filling Proposal: Crack Filling Service, Corp.
Due to the absence of the Public Works Manager, Weinkauf moved, 2nd by Bennett
to table action on this item for the May 10, 2010 meeting. Motion carried.
Grease Treatment Options for Sewer System
Due to the absence of the Public Works Manager, Chart moved, 2nd by Beck to
table action on this item for the May 10, 2010 meeting. Motion carried.
Appoint 2010 Board of Review members
Beere appointed himself and the Clerk as statutory members; and Weinkauf,
Bennett and Johnson as three additional members of the Assessment Board of
Review. The first meeting will be held Monday, May 24, 2010 from 6-8 p.m.
Bennett volunteered to obtain the necessary training.
Correspondence was read from:
Senator John Lehman acknowledging receipt of Resolution #2010-3;
the Racine County Drainage Board as an official notification of hiring an
engineer for a drainage study; Robin Vos acknowledging receipt of Resolution
#2010-3; and
the Racine County Drainage Board regarding construction or new development plan
approval.
Committee Reports:
Public Works Committee: The Committee report was provided under the
Public Works Department report earlier in the meeting. There was
additional discussion regarding formation of a drainage district. This is
to be placed on the May Village Board agenda.
Ordinance Committee: Beck reported the committee started review of the
zoning code with Jon Schattner at its March 15th meeting. Review of the
zoning code is expected to continue for several more months.
Honey Lake Protection and Rehabilitation Board: Weinkauf reported
restoration around the equalization culvert project has begun. The new
system is working well. Several members of the Honey Lake Board will be
attending an upcoming lake convention in Green Bay. The Board is also
discussing whether to restrict local fishermen from utilizing the berm that was
built up from the last time the lake was dredged.
Western Racine County Health Department: Bennett had nothing to add
to the presentation made by Health Department staff earlier in the meeting.
Finance Committee Report: Beck reported the recommendation of the
Committee to approve all disbursements listed on the check detail of March 9,
2010 through April 12, 2010. The Committee also recommended the following
investments in certificates of deposit:
General Fund:
Transfer $300,000 from the money market account to a 90 day certificate of
deposit at the best rate of interest available.
Sewer Utility:
Reinvest proceeds of certificate of deposit #4031104 in a certificate of deposit
for one year at the best rate of interest available.
Transfer $200,000 from the money market account to a certificate of deposit for
six months at the best rate of interest available.
Transfer an additional $150,000 from the money market account to a certificate
of deposit for 90 days at the best rate of interest available.
Bennett moved, 2nd by Johnson to approve the Finance Committee’s
recommendations. Motion carried.
Bennett moved, 2nd by Lancour to adjourn at 9:58 p.m. Motion carried
Respectfully submitted,
Betty J. Novy, CMC
Clerk-Treasurer