February 8, 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; John Tierney, Engineer; Jon Schattner, Zoning
Administrator; and Christopher Birkett, Public Works Director were also present.
Pledge of Allegiance.
Minutes. Weinkauf moved, 2nd by Bennett to approve minutes of the January
11 and 26, 2010 meetings as printed. Motion carried.
Period for Public Comment (for items not on the agenda). Beere introduced
Racine County Supervisor Gilbert Bakke. Bakke stated he will be on the
April 6th election ballot and has an opponent this time. He described his
district as including all of Rochester lying east of the Fox River, the original
Village of Rochester (before consolidation) and all of the Town of Dover.
He wanted to clarify his area of representation and sit in on the meeting.
He also invited comments if anyone had any issues at the County level. No
one stated any.
Department Reports:
Sheriff’s Department.
Deputy Castillo submitted a written report showing the following statistics for
January: zero accidents; eleven speeding citations, one traffic citation,
five parking citations and twelve warnings were issued. There were zero
arrests. Complaint statistics were as follows: fourteen complaints
originated through calls directly to the Sheriff’s Department; Deputy Castillo
assisted with five additional complaints, originated thirty-two on his own and
performed follow up on twenty-eight. He reported sixteen working days, 131 hours
and 1,053 miles driven. Twenty foot patrols were conducted.
Additionally, Castillo reported being contacted by residents of Hunter’s Glen
Subdivision to establish a neighborhood watch group. He will be working
with them to initiate a program. Several incidents occurred this past
month of items being stolen from cars. A group of juveniles recently
arrested for trespassing are believed to be the perpetrators. Speed
enforcement has been increased on Academy Road to reinforce the lowered speed
limit.
Castillo was questioned whether there was any further progress on the Rochester
Mini Mart robbery. There has not been any. Castillo was also
requested to follow up on junk car complaints at the Fait property on Washington
Avenue.
Sgt. Kacmarcik reported willingness to assist the Village with drafting a Sexual
Predator ordinance. Novy requested that he attend an upcoming
intergovernmental board meeting to discuss the issue with all western Racine
County municipalities and school district administrators. She will get
back to him with the date and time.
Public Works.
Birkett’s written report was reviewed follows:
Lift Stations/ Sewer: Weekly testing of stations. We have a noise in
pump two of the E. Main Street lift station. I am monitoring it and had
Maas & Sons out to investigate. I have a call into L.W. Allen. I am
taking bids for televising sewers. I’ve divided our system into five areas
and will be televising 20% approximately every year. I am still working on
manhole inspections and hope to finish in March.
Roads: Light snowfall for the last four weeks. More potholes are
developing. Will be working on them. Brush and overhead limbs
on our rural Roads. I am planning on that in the next four to six weeks.
Budget work: Ongoing working with Betty on numbers and am also laying out
two through five year plans on shouldering, brush, signage, etc.
Ag School Drainage issue: Contacting property owners to invite to an
informational meeting with John Tierney. Planning on setting date late
this month or early March.
Animal Control. Fairly quiet. One stray cat. I found a home with one
of our vendors. I will be attending a continuing education class on
emergency horse rescue in Madison.
Manhole cover replacements: Fox Knoll Drive. Birkett reported on a Public
Works Committee recommendation to replace vented manhole covers on Fox Knoll
Drive that are allowing infiltration into the sewer system. The estimated
cost is $1,430. Chart moved, 2nd by Weinkauf to approve recommended
replacements at a cost of $1,430. Motion carried.
2010 Shoulder Maintenance. Birkett reported on Public Works
Committee consideration of 2010 shouldering projects. They recommend
shoulder enhancements for Vergon, Abbey, Foxview, Ridgeline, Fernwood and
Clover. They also recommend the work be performed by Andy’s Excavating
with the Village direct purchasing shouldering material. Trucking,
placement, compacting, and cleanup prices were quoted at $24.50 per ton for up
to 100 tons of road gravel; or $21.50 per ton for over 100 tons of road gravel.
$300 mobilization charges will be charged. If lighter shouldering
materials are used, slight increases to the per ton cost were specified.
Johnson moved, 2nd by Bennett to approve the Public Works Committee’s
recommendations. Motion carried.
Tree Removal: Rochester Commons Park. Birkett reported receiving two
quotes for removal of a dead maple tree near the library entrance. T & T
Tree Service quoted $350. Michelau Tree Service quoted $600.
Weinkauf moved, 2nd by Bennett to have T & T Tree Service perform the work.
Motion carried.
Heating and Cooling Maintenance for Village Hall and Library. Birkett
reported soliciting quotes from three different vendors to perform annual
maintenance of library and village hall heating and cooling systems, once in
April and once in September. Quotes were received as follows:
Rosenthal Heating & Air Conditioning- $299 a year or $575 for two years;
Square One Heating and Cooling- $700 per year; Bonanza Heating & Air
Conditioning- $1,280. The quote from Rosenthal included an option to
perform the same service check for the Historical Society’s furnace for an
additional $39. Weinkauf moved, 2nd by Beck to approve the two year
contract with Rosenthal Heating & Air Conditioning and to contact the Historical
Society’s regarding including their furnace in the maintenance contract .
Motion carried.
2010 Roadside Mowing Contract. Birkett reported that T & T Tree Service
has agreed to hold hourly rates the same as 2009 for roadside mowing.
Birkett indicated satisfaction with their previous work and recommended renewal
of the contract for 2010. Beck moved, 2nd by Weinkauf to renew the
contract up to three years if the contractor agrees to hold the price.
Motion carried.
Birkett reported he will be receiving his truck from the Fire Department this
week or next. Ron’s Sign Shop has been contacted regarding covering up the
Fire Department logo with D.P.W. insignia. Johnson questioned removal of a
limb on N. Honey Lake Road. Birkett indicated the limb had already been removed.
Engineer. Tierney’s written report was reviewed as follows:
Trail of Pines Condominiums: Observe lift station testing when requested.
Coordinate with Attorney on developer’s agreement amendment.
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: In Spring, final landscaping and punch list
inspection.
Settlement of Rochester Condominiums: Reviewed revised Concept Plan and
attended Plan Commission meeting.
Ag School Drain Tile Study: Prepared supplemental exhibit and met with
Public Works Committee to review feasibility of a new storm sewer to drain the
low point on CTH D.
Lot 9 Rock Ridge- Drainage Review: Reviewed single lot site plan and
visited site to verify driveway culverts.
Tierney reported attendance at the Plan Commission meeting regarding “The
Settlement of Rochester Condominiums”. There was some talk of converting
the commercial outlot area to residential, however current condominium owners
need to work out some details with the developer before any further action is
taken on this item. There was question regarding the ability of the
Village to change the direction of the portion of S. State Street that is
one-way. Tierney indicated the road section will need to remain one-way
because of its design. Initially, it was the Fire Department’s preference
that the section of road be the one-way direction that it is.
Beere questioned Supervisor Bakke on whether the County plans to place a culvert
under County Highway D, just west of the original Village, when the highway is
reconstructed. The Village would like to coordinate some work they are
doing to address a broken drain tile that flows under the road in that area that
is causing water problems for several homes. Bakke stated it will be three
years before reconstruction of the road takes place and questioned whether
placement of the culvert will help as it may speed the flow of water to affected
homes, and increase, rather than alleviate, the problem. Beere indicated
he hopes that within three years the tile will be repaired so that it will flow
properly to the Fox River instead of being held up on affected properties.
Bakke promised to raise the issue at the next County Public Works Committee
meeting.
Second Amendment to Developer’s Agreement “Trail of Pines Condominiums”
Novy reported the amendment was drafted by collaboration of the Village Attorney
and Engineer. It meets the objectives of extending the financial guarantee
and the deadline for installation of asphalt on the road for the development.
It also amends, at the developer’s request, a requirement to televise all sewer
lines to just televising the sewer main from the lift station to the village’s
main line. Tierney reported reviewing the request and agreed that interior
laterals did not need televising.
Roger Kieffer, member of Trail of Pines LLC, addressed the Board. He
requested that a restriction in the developer’s agreement be removed so that
condominiums would not have to be owner-occupied. He cited the bad economy for
this request. Novy indicated the development agreement refers back to the
original re-zoning ordinance. The zoning ordinance would have to be
amended first. This requires the same process as re-zoning, including Plan
Commission review, notification of abutting property owners, and a public
hearing. Kieffer indicated he would wait on the request.
Bennett moved 2nd by Chart to approve the Second Amendment to Developer’s
Agreement “Trail of Pines Condominiums”. Motion carried.
Amendment Number One to Development Agreement Regarding Coyote Territory
Subdivision
Novy reported this amendment also extends financial guarantee requirements and
the deadline for installation of asphalt on the road for the development.
Weinkauf moved, 2nd by Bennett to approve “Amendment Number One to Development
Agreement Regarding Coyote Territory Subdivision”. Motion carried.
Request for refund of Erosion Control Bond: Adam Schaefer
Beere reported Schaefer’s request. Email correspondence from the building
inspector was also reviewed that recommended the bond be withheld in the event
erosion control requirements are not complied with. Weinkauf moved, 2nd by
Beck to table the request and invite the Schaefers’ and the building inspector
to the March meeting for further consideration. Motion carried.
Resolution #2010-1 authorizing the Clerk-Treasurer to determine the number of
Election Officials at all elections in the Village of Rochester
Novy reported statutory requirement of five election officials at any election
unless the governing body authorizes less. By passing this
resolution, the Board will allow minimum staff of three election officials when
low voter turnout is expected. Beck moved, 2nd by Bennett to adopt
Resolution #2010-1. Motion carried.
Resolution #2010-2 authorizing an advisory referendum regarding the Village Hall
Two versions of referendum language were provided by the Village Attorney.
Resolution 2010-2 included the options directed by the Village Board at the
January 26th meeting. Resolution 2010-2(Alternate) included an additional
option to “remodel the existing Village Hall for the minimum dollar amount
necessary to accommodate the current needs of the Village and comply with
federal and state regulations, at an estimated cost of up to $1,003,000”.
The attorney suggested the Board consider inclusion of the third option to
provide input for members of the public who signed a petition prior to public
information meetings that stated that preference. There was discussion
on whether the third option should be included.
Consensus of the Board was not to include the option. They agreed an
investment of that amount in the current building and site is not a good
long-term decision. They did not want inclusion of the option to affect
selection of the other two options.
Jim Kempken, James Construction, addressed the Board. He presented a cost
estimate and sketch building plan for a municipal building similar to the
ProHealth Care building. It assumed construction of the village hall west
of the fire station on Academy Road and proposed to share an existing asphalt
parking area. No allowance was provided for roadway improvements,
storm-water management or landscaping. However, if construction costs stay
within budgeted amounts, contingency funds could be applied towards those items.
The estimate was $910,000 and based on today’s prices.
Chart moved, 2nd by Weinkauf to approve Resolution 2010-2 with indication of
$910,000 as the lowest cost estimate under the option “The Village should build
a new Village Hall…”. Motion carried.
Authorization for Architect to perform additional work to prepare exhibits and
attend open houses scheduled at ProHealth Care building
Novy reported on additional costs involved to have the architect prepare
exhibits and attend the open houses scheduled for the ProHealth Care building.
A minimum of ten hours would be billed, each at $105.00. Bennett moved,
2nd by Chart not to incur any architectural costs for the open houses and to
utilize previously prepared site materials for display. Motion carried.
Approval of explanatory statement regarding the Village Hall referendum
Beck moved, 2nd by Bennett to approve the explanatory statement as presented
with addition of $910,000 as the lowest cost estimate under the option “The
Village should build a new Village Hall…”. Motion carried.
Review and authorization to mail newsletter explaining referendum options
A draft copy of a newsletter explaining referendum options was presented.
The layout included the election date, the form of the referendum question,
announcement of two open houses at the ProHealth Care building, an explanation
of why the Village is not remodeling the existing village hall, an outline of
the functions served by the village hall, detailed cost estimates of each
referendum option, and associated financial impacts. Novy indicated she
would include the new construction estimate provided by James Construction at
that night’s meeting. Any additional construction estimates solicited by
Board members and received by February 12th will also be included as further
examples of new construction costs. February 12th was established as the
deadline to allow for printing and mailing newsletters prior to the February
27th open house. Additionally, the Board was questioned on whether they
wished to include a survey to solicit input on disposition of the current
municipal building. Beck moved, 2nd by Lancour to approve the newsletter
including any additional building estimates received by February 12th, and
including a survey regarding disposition of the current municipal building.
Motion carried.
Resolution #2010-3 opposing DOR County Assessment Proposal
Weinkauf moved, 2nd by Lancour to approve Resolution #2010-3. Motion
carried.
Application for operator’s license: Kelly Hawley- Hitch ‘n Post
Michelle Ellenbeck, owner of Hitch ‘n Post Saloon, submitted a copy of Kelly’s
operator’s license from the City of Burlington. Novy reported a clean
background check and recommended approval of the license. Bennett moved,
2nd by Beck to approve an operator’s license for Kelly Hawley. Motion
carried.
Update on Housing Code Violations: 208 S. Front Street
Novy reported on recent attempts of the Building Inspector to notify the owner
of 208 S. Front Street of housing code violations. A letter was sent and
a notice posted on the house on December 28th. The letter was returned
unclaimed and there had been no response to the notice. Recent
communication with the owner’s daughter indicated the children of the owner are
working to clean belongings out of the house. Someone may also be
interested in purchasing the house. Board members reported visual
observation of recent activities there. Consensus of the Board was to discuss
progress on the situation with the building inspector at the March meeting.
Application for renewal of kennel license to keep 7 dogs:
Marjean Richardson, 34733 Oak Knoll Drive
Birkett reported on inspection of the property. He noted the dogs are
primarily kept indoors and an invisible fence is used to keep them from leaving
the property. All dogs appear healthy and in good shape. Weinkauf
moved, 2nd by Bennett to approve renewal of the kennel license. Motion
carried.
Correspondence was received from Town of Burlington providing copy of their
resolution opposing County assessments.
Public Works Committee: Johnson reported most of the items discussed at
their previous meeting had been acted on during the course of this meeting.
He had nothing further to report.
Ordinance Committee: Lancour read the minutes of the committee’s January
18th meeting.
Honey Lake Protection and Rehabilitation Board: Weinkauf reported
420 feet of stabilization culvert had been installed between Lake Tahoe and
Delmonte Lake. Low lake levels were helpful throughout the project.
However, several unmarked utility services were discovered during excavation
that caused slight delays. Restoration is planned for this spring.
The District will also be transferring some old records to electronic media for
back up.
Western Racine County Health Department: Bennett reported that he missed
the last meeting. However, he will be forwarding some grant information
via email.
Finance Committee Report: Beck reported the recommendation of the Finance
Committee to approve all disbursements listed on the check detail of January 13
through February 8, 2010 with the exception of check number 10525, issued to
Adam Schaefer. The committee will be meeting February 11th to review and
make recommendations on the 2010 Fee Schedule. The committee also reviewed
financing options for the fire department’s grass rig. They recommended
financing the Village’s share of the purchase on a 10 year note at 3% interest
from the sewer utility fund.
Bennett moved, 2nd by Chart to approve the finance committee’s recommendations.
Motion carried.
Bennett moved, 2nd by Johnson to adjourn at 9:31 p.m. Motion carried.
Respectfully submitted,
Betty J. Novy, CMC
Clerk-Treasurer