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January 11, 2010 REGULAR BOARD MEETING

January 26, 2010  SPECIAL BOARD MEETING   

 

January 11, 2010                               REGULAR BOARD MEETING                                      7:30 p.m
 
Paul Beere called the meeting to order at 7:30 p.m. with Gary Beck, Mike Weinkauf, Chris Johnson, Ed Chart, Bob Lancour and Chris Bennett present.
 
Clerk – Treasurer, Betty Novy, Deputy Clerk-Treasurer, Sandi Swan, Public Works Supervisor, Chris Birkett and Zoning Administrator, Jon Schattner were also present.
 
There were approximately 52 residents present in the audience. A sign-in list is provided as an attachment to the minutes.
 
Weinkauf moved, 2nd by Bennett to approve the minutes for the December 7 & 14, 2009 meetings. Motion carried.
 
Period for public comment.
 
Pat Gerber, 412 N. State St. commented on the new garbage vendor, John’s Disposal. She stated that she has witnessed John’s Disposal transferring garbage from one truck to another on N. River Rd. She stated she had to drive around them into an oncoming lane to get by them. She has also witnessed them doing this behind her commercial building on Beck Dr. She feels that neither place is an appropriate place for this. She asked that the Village contact the vendor and suggest that they do that somewhere where it will not interfere with traffic and become a hazard or on private property. She suggested that maybe Case Eagle Park would be a good place.
 
Birkett stated that he will call them right away.
 
Department Reports
Sheriff’s.  A written report was reviewed showing the following statistics for December:  three accidents; nineteen speeding citations, zero traffic citations, eight parking citations and fourteen warnings were issued.  There were four ordinance arrests.  Complaint statistics were as follows:  Twenty-one complaints originated through calls directly to the Sheriff’s Department; Deputy Castillo assisted with five additional complaints, originated forty-eight on his own and performed follow up on thirty-two. He reported twenty-two working days, 183.5 hours and 1,668 miles driven.  Twenty-five foot patrols were conducted. 
 
Public Works.   Chris Birkett, Director of Public Works, submitted the following written report:
 
Sewers/ Lift Station.
 
Weekly exercise of generator and valves. Yearly maintenance on the Fox River Prairie generator is scheduled.
Roads.
 
Snow removal has been on going with new snow fall and blowing and drifting. Addressing concerns from residents about our plowing, mailboxes, widening out, etc. Potholes are developing and will be addressing them over the next two weeks. There was a threat of violence against a snowplow driver.
Buildings.
 
I’ve solicited quotes for our furnace and air conditioning maintenance needs. I haven’t received all of them back yet. I hope to have them in for a decision by the February meeting.
Animal Control.
 
Somebody dumped 16 chickens and a young goat, all dead, on Rowntree Rd. I looked for ritualistic abuse and found none. It appears that the chickens were starved to death. The goat had very little in its stomach as well. Checked feed stores and also with neighbors if they might have any information. No information was forth coming. I don’t believe there will be any resolution.
 
Birkett reported that the threat of violence against the snowplow driver has had a good resolution. Deputy Baumeister from the Sherriff’s Dept. spoke to the disgruntled property owner and is confident there will be no
more threats of violence from him. Birkett stated that this situation was handled quickly as the Village will not tolerate this behavior.
 
Engineer.  John Tierney, Engineer, submitted the following written report:
 
Trail of Pines Condominiums
-
Coordination with the developer and site work contractor regarding outstanding items and the letter of credit.
 
Coyote Territory Subdivision
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Provided a recommendation for Letter of Credit modifications and amendment to the developer’s agreement.
 
Rookery Landing Subdivision
-
Coordinating with Clerk and Attorney regarding status of west side drainage easements particularly revisions to the basin operation and maintenance plan.
 
2009 Street Improvements
-
No activity at this time.
 
Settlement of Rochester – Phase 2
-
No activity this period.
 
Millgate Convenience Store Plan Review
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No activity this period.
 
Ag School Drain Tile
-
No activity this period.
 
Honey Lake Equalization Culvert- Plan Review
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No activity this period.
 
Basic Village Engineering Services
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Coordinate with Village Hall architect’s engineering consultant regarding the Pro Health Care detention basins and overall development drainage system operations and maintenance.
 
Presentation by Architect and Clerk-Treasurer Public Hearing on potential purchase and remodeling of the ProHealth Care Building, 231 S. Millgate Dr., for relocation of the Village Hall
 
Craig Ellsworth, architect from The Architectural Firm addressed the Board and the public. Ellsworth presented an analysis the he compiled to renovate the existing Municipal Building and also what it would cost to purchase the ProHealth Care Building with some renovations. He stated that the cost analysis was based on national averages adjusted to the region. He also incorporated information he has received from recent bidding jobs to come up with a final cost. He stated that in using this formula, he usually finds that he is within 10% of actual costs.
 
In summarizing the analysis of purchasing the ProHealth Care building, the building as it stands is a 6700 square foot building that was built to institutional grade specifications. It has 10,000 square feet of available expansion space for the building itself. The building has little or no depreciation.
 
There are presently eighteen parking stalls with the immediate expansion capability to thirty –two spaces, and even more if needed in the future.  The drainage and storm water management is already installed to support the hard surface area for this location. There is already excellent landscaping in place with an irrigation system on site. The site lighting is more than adequate.
  
The HVAC system is of top quality and in good operating condition. The renovation plans to add an assembly hall would mean that a second HVAC system would be necessary, which Ellsworth feels  is good because then you can isolate the hall from the other areas of the building to keep energy costs down.
 
The electrical systems are top grade quality in the building. There is a substantial amount of wiring in the facility, not only for line voltage but for communications, internet, alarms and security.
 
There are currently two developed bathrooms in the facility, with the rough work already installed for a third. Although the bathrooms would be adequate for office use, Ellsworth does not feel they would be adequate to serve the assembly hall if it were to be utilized at its full capacity. Ellsworth’s recommendation would be to install a multi stall bathroom facility to accommodate the assembly hall uses.
 
The building does not have a sprinkler system, but he is confident that the Village could obtain a variance granted from the state that would not require a sprinkler system.
 
The building has a layout that would accommodate the uses and functions of a municipal hall. The entrance area has a built in reception area, which has a separation between the public area and interior office area to provide better security and privacy to the village hall functions. There is plenty of office space and a nice size conference room.
 
Ellsworth summed up the overall cost in purchasing the ProHealth Care building with the recommended renovations to a cost of $179 per square foot; for a total cost of $1,198,678.00.
 
In summarizing the analysis of renovating the current municipal building, the building would need extensive remodeling which would include a new HVAC system to replace the three stand alone systems that currently serve the building. Electricity and lighting would need updating; which would be equivalent to a new building project. The plumbing is in mediocre condition and bathrooms would have to be brought up to ADA standards.
 
Substantial interior renovation would be necessary to address security, storage and additional office space issues. Substantial exterior work would also be needed to address the multiple complaints the Village has received about the exterior aesthetics of the building.
 
Confirmation of asbestos in the roof deck could pose to be problematic.
 
Renovation would require that the office staff and assembly functions be relocated during construction.
Ellsworth reported that the total project cost would be $214.00 per square feet for a total project cost of $1,002,734.34.
 
Ellsworth then provided a feasibility study on a “new” building option based on a regional cost analysis.
He reported on a similar case in Edgerton, Wisconsin; the proposed building to be constructed is 5000 square feet on city owned land. The proposed borrowing for that new project is $1,200,000.00 or $240 per square foot.
 
Based on that comparable the replacement value of the ProHealth Care building is valued at $1,680,000.00
 
Beere asked Schattner to explain the zoning issues and setback issues that would be placed on the current municipal building should something substantial, i.e. fire, tornado, happen to the building. Schattner explained that right now the existing municipal building is a non-conforming structure, if more than 50% of the building is destroyed at any time the Village would have to conform to today’s zoning ordinances, which dictates 25’ front and rear yard setbacks as well as 10’side yard set backs. The building would have to be rebuilt much smaller than it is today.
 
He added that there is still an issue of parking. He stated that there are existing commercial facilities in the downtown area that do not have adequate on-site parking for their particular commercial uses and rely on
street parking for their commercial businesses even though it may not be in front of their commercial building.
 
Novy identified the needs that brought about the decision to renovate the existing building.
 
Novy reported that currently the sheriff deputy, public works supervisor, building inspector and zoning administrator all work out of the same office and desk space.  This has the potential of causing chaos when four people work out of the same desk.
 
While desk space is adequate in the Clerk-Treasurer’s office, privacy and security is a concern as there is no separation between staff and public entry. Additional space is needed in the waiting/reception area to accommodate lines and security concerns.
 
File storage space is inadequate and limited. As the Village grows, more file space is needed. There are many vacant lots in Rochester that offer the potential for growth.  Since the Village took over zoning functions from the county, the county would like to transfer all files that pertain to Rochester to our facility. This will require more storage than the current building allows.
 
The mechanicals, such as HVAC, plumbing and lighting, all need updating. The HVAC that serves the existing building is made up of three stand alone systems and requires multiple service calls per year to address different issues.
 
The bathrooms and front entrance right now are not ADA compliant. Being a municipality, the village has a higher degree of obligation to comply with ADA standards.
 
The existing lot is very limited (land locked) and does not provide for substantial expansion in the future. Expanding upward in the existing building is problematic due to the cost of required structural alterations as well as the confirmed asbestos in the roof decking.
 
Parking is limited to street spaces only. Expansion of parking is difficult and a cooperative arrangement with Community State Bank has not materialized.
 
Multiple complaints have been received over the past years as to the exterior aesthetics of the building.
 
Novy then explained the financing portion of the project. She stated it is the policy of the village that all municipal building costs and improvements are financed 50% by the village sewer utility and 50% by the Village general fund.  The reasoning for that policy is that the staff and equipment in the building serve both entities.
 
Therefore, the Sewer portion of the purchase and renovation of the Pro – Healthcare Building would be $600,000. That money would come out of sewer utility reserves and there would be no financing necessary. There would be no impact on the sewer utility rate as well.
 
The Village portion of the purchase and renovation would be $600,000. That amount would be rolled into another outstanding loan of $110,000 for a total, to be financed over a twenty year period, of $710,000. The tax impact would be 9.4 cents per assessed thousand.
 
Novy then identified some of the options for the disposition of the current municipal building. They were discussed as the following:
 
Open Market Sale. Benefit: Sales value will offset the cost of the new building. Drawback: does not alleviate concerns of what type of business will occupy the building or the aesthetic improvement of the building.
 
Solicit use and improvement proposals in a bid environment that would entail an agreement to complete work and bind the property to a specific use for a specified period of time. Benefit: The Village would exercise control over immediate use of the building and could demand aesthetic improvements as part of the proposal. Drawbacks: Control over the use would terminate at some point, sale would be less than an open market sale, may not be able for someone to obtain commercial financing due to non-conforming status of building and lot.
 
Offer from Community State Bank to purchase at a negotiated price to expand their parking lot and add an additional drive thru lane. (taking into consideration costs to perform environmental remediation and raze building) Benefits: Would create additional parking and green space for the downtown area, addresses a shared well issue(the well that serves the bank is in the municipal building), “Squares” property of bank (bank owns land to the ease and south of the municipal building), Would create a lot that conforms to minimum square foot requirements of the B-1 “Central Business” District(min. lot size is 10,000 sq.ft.) Drawbacks: Removes potential for additional business and associated traffic from downtown Rochester.
 
Distribute survey to residents and request their choice of identified options and/or additional input as to what residents would like to see happen with this building. Benefit: Gives all residents and opportunity to provide input and gives the Plan Commission and Village Board supporting data on which to base a decision.
 
Comments were taken from the audience. Concerns and comments were highlighted as follows:
 
Loss of tax revenue from the lot and building being purchased.
 
Some people are on a fixed income and can not handle any increase in taxes.
 
Concerns over the future use of the existing municipal building.
 
Building by the Fire Station could be cause for safety concerns, i.e residents or voters parking in front of garage doors of the fire department, volunteers not having anywhere to park if they get a call.
 
Some people felt that it would be cheaper to build on Village owned property.
 
The state of the economy and the burden on the tax payer of higher taxes.
 
The dollar figures that are given are in accurate.
 
Decision should be given to the taxpayers in a referendum.
 
New building has a good location with ample parking for large events, i.e. elections, hall rentals.
 
The new building still does not have adequate parking.
 
Taking the Village hall out of the downtown area.
 
More options for the residents.
 
The Board is looking to the future and an opportunity like this may not come again.
 
ProHealth care building is on a private road, what is the financial impact of making it a public road.
 
Residents won’t be able to walk to the Village Hall.
 
Beck moved, 2nd by Weinkauf to adjourn the public hearing at 10:04
 
Public Hearing: Ordinance #2009-6 “An ordinance to Rezone Land at 31740 Washington Ave. from M-4 Quarry District to A-2 General Farming and Residential District II
 
Novy reported that this was the second of two required public hearings. Rezoning of this property is necessary to correctly designate the property to reflect residential use.  It was inadvertently zoned M-4 (mining) in the 1970’s when an abutting property was zoned that way.
 
Schattner reported that the zoning would be consistent with the existing Land Use Plan for the Village of Rochester; is consistent with the statement of purpose and intent of the zoning district as identified in the Village of Rochester Zoning Ordinance; is compatible with surrounding zoning and uses; and will not adversely affect the surrounding property values.
 
Weinkauf moved, 2nd by Lancour to close the public hearing at 10:08. Motion carried.
 
Receipt of Plan Commission report and recommendation regarding the location and architectural design of a public building, that is, the proposed purchase of the ProHealth Care building and its remodeling/conversion to a village hall for the Village of Rochester
 
Weinkauf reported that the Plan Commission met prior to the Village Board meeting. Weinkauf stated the location and architectural design was acceptable to the Commission for the purposes of a municipal building and approval was recommended.
 
Review of inspection reports and any other documentation, correspondence or other items related to existing Village Hall and the building and property 231 S Millgate Dr. Craig Ellsworth , architect, and others.
 
Ellsworth supplied an executive summary building inspection report for the existing ProHealth Care Facility for the Board to review. In summary, he stated the building is built to institutional grade specifications and that the inspection of the primary and secondary structure indicates that everything was installed properly and is in good condition. The building was designed for higher volume, more intensive user traffic similar to that found in a municipal setting.
 
Ellsworth included in his summary that he found no conditions that would unduly add excessive life cycle expense and hardship to the Village of Rochester after its purchase. If maintained properly, the Village of Rochester should enjoy a long-term ownership with limited life cycle costs over and above normal periodic maintenance and depreciation schedules.
  
Ellsworth feels the condition of the existing building is excellent. It is his opinion that the building and site are being purchased at a 50-60 % discount from their original development cost and replacement cost for a public building of similar size. No major depreciation has occurred and the building remains in virtually new condition.
 
Ellsworth reported that there were confirmed samples of asbestos in the rooftop of the current municipal building.
 
Actions: Finding of adequate community support for the purchase and remodeling of the building and property at 231 S. Millgate Drive for use as a village hall; Final approval of purchase and remodeling of the property at231 S. Millgate Drive. For use as village hall, contingent on satisfaction of all contingencies set forth in offer/contract for purchase.
 
Beck stated, by the comments made from the audience, he does not feel that there is adequate support from the community. He stated that even though the Board may feel that they are making the best possible decision by purchasing the ProHealth Care building, it may be a mistake to continue with the purchase.
 
After further discussion, Weinkauf moved, 2nd by Chart to request an extension until April 15th on the offer to purchase the ProHealth Care Building for the purpose of holding an advisory referendum on acquisition and/or construction of a Village Hall and to allow further investigation of building options.    Votes were:  Beck:  Aye;  Beere:  Aye.;  Chart:  Aye;  Johnson:  Aye;  Lancour:  Aye;  Weinkauf:  Aye;  Bennett:  Nay.  Motion passed.
 
Action: Determination of necessity of full Phase 1 Environmental Site Assessment, and/or with any other testing or inspections, and authorization to proceed where appropriate.
 
Weinkauf moved, 2nd by Beck to table this action item until a future meeting date. Motion carried
 
Actions: Authorization for Architect to proceed with application for variance from WI Dept. of Commerce from sprinkler requirements. Authorization for preparation of Architectural Services Agreement for renovation of the building property at 231 S. Millgate Dr. for use as a village hall. (contract to be approved at a later meeting). Authorization for Village to proceed with well water testing and well system inspection at 231 S. Millgate Dr.  Any other authorizations necessary to proceed with he purchase of the building and property at 231 s. Millgate Dr.
 
Weinkauf moved, 2nd by Beck to table this action item until a future meeting date. Motion carried.
 
Action: B-4 Conditional Use to convert the use of the previously owned medical building and occupy it as a municipal building for the Village of Rochester
Applicant: Village of Rochester Owner: Waukesha Health Care, Inc.
Parcel Id # 176031911009040
 
Weinkauf moved, 2nd by Beck to table this action item until a future meeting date. Motion carried.
 
Action: Ordinance #2009-6 “An Ordinance to Rezone Land at 31740 Washington Ave from M-4
Quarry District to A-2 General Farming and Residential District II
 
Johnson moved, 2nd by Weinkauf to adopt Ordinance # 2009-6 to rezone land at 31740 Washington Ave. from M-4 Quarry District to A-2 General Farming and Residential District II. Motion Carried.
 
Application for Kennel License (Renewal): Michael & Catherine Los, 401 N. River Rd.
 
Birkett reported that there are five German Shepherds at this residence. He stated that the dogs are well trained dogs that are bred for intelligence. He reported that the yard is kept clean of dog waste and that the dogs have adequate living quarters. Birkett recommended approval of kennel license.
 
Weinkauf moved, 2nd by Chart to approve a kennel license for Michael & Catherine Los at 401 N. River Rd. Motion carried.
 
Generator Maintenance Proposal: Cummins Power LLC
 
Birkett left the meeting and was not available to go over proposal. Weinkauf moved, 2nd by Bennett to table this issue until the next Village Board meeting. Motion carried.
 
Correspondence was read from: 
 Southern Wisconsin Regional Planning Commission regarding the 2008 Annual report. Copies are available in the office.  Racine County Planning & Development  regarding distribution of the Racine County Comprehensive Plan.  The Village received one hard copy and one compact disc.  Both are available in the office.   Burlington Chamber of Commerce: Government Relations & Communications Committee  regarding a breakfast meeting invitation for Monday, January 25 at 7:00 a.m.; Tria Braun regarding the possible adoption of ordinances involving sex offenders.
 
Committee Reports:
Public Works Committee:   There was no meeting in January. Next meeting will be held February 2, 2010
 
Ordinance Committee:  Beck reported the next meeting will be held January 18, 2010.
 
Honey Lake Protection and Rehabilitation District: Weinkauf reported on bid openings for a district culvert project and district efforts to crack seal roads and playground.
 
Western Racine County Health Department:   There was no meeting in December. The next meeting will be held Tuesday, January 23, 2010.
 
Finance Committee: Approval of 1-11-2009 Disbursements and Investments.  Beck reported the recommendation of the Finance Committee to approve all disbursements listed on the check detail of December 15 – January 11, 2010.   These were no certificates of deposit due.  Chart moved, 2nd by Johnson to approve the finance committee’s recommendations.  Motion carried
 
Beck moved, 2nd by Lancour to adjourn at 11:04 p.m.
 
 
Respectfully submitted,
 
 
Sandi Swan WCMC
Deputy Clerk- Treasurer
 


JANUARY 26, 2010                         SPECIAL BOARD MEETING                             6:30 P.M.
 
Paul Beere called the meeting to order at 6:30 p.m. with board members Ed Chart, Gary Beck, Chris Johnson, Chris Bennett, Mike Weinkauf, and Bob Lancour present.  .
 
Betty Novy, Clerk-Treasurer; Sandra Swan, Deputy Clerk-Treasurer; and Atty. Marcia Hasenstab were also present.
 
Presentation and Discussion of “Amendment to Offer to Purchase” for 231 S. Millgate Drive submitted by Waukesha Health Care, Inc.(Pro Health), dated January 22, 2010 and/or subsequent offers
 
Beere reported on Waukesha Health Care’s initial response to the Village’s request for an extension of deadlines to allow for a referendum on purchase of their building on the April ballot.    Waukesha Health Care’s amendment, dated January 22, 2010, proposed that the Village make its earnest money of $8,000 non-refundable in exchange for the extensions.  It also proposed that several contingency inspections and/or approval deadlines be moved up.  Beere reported on meeting with Waukesha Health Care’s realtor the previous night.  At that meeting, it was explained that Waukesha Health Care did not feel confident a building referendum would pass.  The realtor explained the purpose of making the earnest money non-refundable was to make sure the Village was invested, that they continued to move forward, and that the necessary efforts would be made to ensure a successful referendum.   Beere reported his response to the realtor was that he did not believe the Village Board was receptive to making the earnest money non-refundable.
 
Novy then reported Waukesha Health Care had prepared a revised amendment to the offer to purchase just a few hours in advance of the meeting.    In the revised amendment, the extension requests are granted and all previous deadlines restored, however, the earnest money is forfeited only if the purchase contract is not cancelled within two days after the referendum is held.
 
Review of public input to date including petitions, documented attendance at January 4th and January 11th public hearings, and summary count of individual positions* (*Positions stated as “For ProHealth”, “For New Construction”, “Do Nothing”, “No Indication”, “Requested More Options”, “Remodel Existing Building”) 
 
Novy presented a tabular summary of individuals who attended both hearings and what their position appeared to be on the building issue based on comments made at the hearing, or comments received after the hearings.  Two petitions received in advance of the public hearings were also presented. 
 
The attendance summary was prepared in order to quantify where most people who attended the hearings actually fell on the issue.  She reported receiving numerous comments from residents after the hearings who felt several people who spoke had set such a negative tone at the Village Board hearing that they were afraid to state a position of being in favor of purchasing the ProHealth Care building- or even to ask more questions on the issue.  Novy was concerned that the opinions of a few individuals at the hearing were given more consideration than those who took a more reserved or inquisitive approach to the issue.  Ninety-seven residents attended either one or both hearings.  Of those, only sixteen vocally expressed opposition to a new village hall or to moving the location of the village hall. 
 
Two petitions were reviewed that had been received in advance of the public hearings.  One, stating “Get a Local Contractor to Bid on renovating the Old Municipal Building”, was signed by 48 residents.  It was noted that, by law, local contractors are never restricted from bidding on municipal projects.   A second petition stating “We do not need a new Municipal Building- our taxes are high enough!” was signed by 51 residents.  It was noted that only one individual on this petition had attended either public hearing. 

Two additional comments, one submitted via email and one submitted via regular mail, were also quantified.  One spoke in favor of purchasing the ProHealth Care building, and one spoke against a new village hall.
 
Receive information from Rochester Volunteer Fire & Rescue Company regarding feasibility of building a new Village Hall as an addition to or as a separate structure adjacent to the firehouse on Academy Road
 
Novy reported on input received from Tim Dahlberg, Fire Chief, on possible construction of a village hall on the property that houses the fire station.  Dahlberg initially expressed concerns generated by a previous Town Treasurer that Racine County placed a restriction on the land when they deeded it to the Village and Town.  (The land was previously owned by Racine County.)  Lillian Henning remembered a condition that it could only be used for the purpose of a fire station.  However, research with the Racine County Register of Deeds showed no recorded restrictions or agreements that would limit use of the land.
 
Dahlberg indicated the biggest concern expressed by Fire Company members is parking.  Lack of parking is the reason they relocated from the previous fire station (the current municipal building).   At the previous location, there were several instances of firefighters having to leave their personal vehicles in the middle of the street and/or stop and re-park their personal vehicles in the fire station, after pulling the fire truck out, because of the lack of parking.   This slowed down response times.  However, if the parking issue can be addressed, Fire Company members are receptive to sharing the land surrounding the fire house with the village hall.
 
Board members discussed potential conflicts with municipal functions and the provision of emergency services.  It was noted signage is not particularly effective in stopping people from parking in restricted spaces when other parking spaces are full.  This was noted as having the highest potential in the instance of high attendance meetings or elections.  They also discussed the current configuration of the fire house on the lot and possible locations for the Village Hall and additional parking spaces.  Concern was also stated about whether relocating the village hall to the fire station land would cause problems if the fire station needs to be expanded in the future. 
 
Discussion on format and limitations of referendum questions on an election ballot, with particular reference to a question on acquisition and/or building a Village Hall
 
Novy reported on the allowable format of referendum questions.  Initial interpretation of State Statutes were such that the question had to be phrased for a “yes” or “no” response.  However, further research with the State Elections Board indicated multiple choice referendum questions are acceptable for advisory referendums.  A sample of a resolution drafted by the Village of Hazel Green for a similar referendum election was reviewed.  Communication with Hazel Green’s clerk indicated the primary purpose of their referendum was to choose the location for a new village hall.   
 
Discussion on other methods of soliciting public input on acquisition and/or building a Village Hall, including direct mail and/or phone surveys
 
Possible Action to reconsider motion to obtain an extension until April 15th on offer to purchase ProHealth Care Building and hold an advisory referendum on acquisition and/or building a Village Hall.
 
Novy reported these items are on the agenda due to Waukesha Health Care’s initial response to the Village’s request for an extension on the offer to purchase.  If the timeline on the decision must be shortened, surveys could be utilized to solicit input from residents instead of waiting to hold a referendum election.  A direct mailing with return cards was identified as one option.  Another identified option was to contact those individuals who had attended the hearings by phone to solicit their final positions on purchase of the building.  There was discussion on the costs of a special mailing and board members agreed that a mailing is desirable under either circumstance- a referendum or survey- to educate residents on the options.  There was also direction that two open houses be scheduled at the ProHealth Care building so that residents can see the building.
 
Consensus of the Board was to move forward with the original direction given at the January Board meeting and for the attorney to move forward with drafting a resolution to pose the referendum question in a multiple choice format.  Additionally, direction was given to draft the resolution with the following choices:  to purchase and remodel the ProHealth Care building for a village hall; or to construct a new village hall.  Price estimates are to be solicited from several local contractors to construct a building similar to the ProHealth Care building.  Atty. Hasenstab directed that contractors be made aware that their estimates must take into consideration the Village’s requirement to pay prevailing wages as determined by the State of Wisconsin.  Contractor estimates, along with the architect’s estimate, are to be included in the informational mailing.
 
Possible Action on “Amendment to Offer to Purchase” for 231 S. Millgate Drive submitted by Waukesha Health Care, Inc., dated January 22, 2010 and/or subsequent offers*
 
Discussion continued on whether to accept the revised amendment from Waukesha Health Care dated January 26, 2010.  Board members discussed potential forfeit of $8,000 in earnest money if the purchase contract is not cancelled within two days of the referendum.    There was discussion about what other inspections and/or approvals must be completed so the Board could comfortably make a decision at that point. Approval of a variance to sprinkler system requirements (specifically for assembly areas) is crucial in determining whether the building can be modified as a village hall.  Novy reported confirmation with the architect that a whole set of construction plans is not necessary to support a variance application.  He can make application to the State at the cost specified in his contract ($2,520 plus the $1,000 application fee).   He was also confident, after meeting with the Fire Chief, that the variance would be approved.   Beck moved, 2nd by Bennett to direct the architect to proceed with the variance application.  Votes were:  Beck:  Aye;  Beere:  Aye.;  Bennett:  Aye;   Johnson:  Aye;  Lancour:  Aye;  Weinkauf:  Aye;  Chart:  Nay.  Motion passed.   Weinkauf moved, 2nd by Lancour to approve the amendment to offer to purchase dated January 26, 2010.  Motion carried.
 
Bennett moved, 2nd by Johnson to adjourn at 8:20 p.m.  Motion carried.
 
Respectfully submitted,
 
 
 
Betty J. Novy, CMC
Clerk-Treasurer