Link:  November 15 2010 SPECIAL BOARD MEETING

November 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; Christopher Birkett, Public Works Director; and John Tierney, Engineer, were also present.
 
Pledge of Allegiance.
 
Minutes.  Weinkauf moved, 2nd by Bennett to approve minutes of the October 11, 2010 meeting as printed.  Motion carried.
 
Period for Public Comment (for items not on the agenda).   There was none.
 
Department Reports:
Sheriff. 
Deputy Castillo presented a written report showing the following statistics for October:  three accidents; fourteen speeding citations, one traffic citation, nineteen parking citations and seven warnings were issued.  There were two ordinance arrests.  Complaint statistics were as follows:  twenty-four complaints originated through calls directly to the Sheriff’s Department; Deputy Castillo assisted with seven additional complaints, originated forty-seven on his own and performed follow up on thirty-one.  He reported nineteen working days, 165.5 hours and 1,242 miles driven.  Nineteen foot patrols were conducted. 
 
Castillo reported on special speed enforcement activities in the State Highway 36 construction zone and on N. River Road.   A speed trailer placed on State Highway 20 has been slowing traffic in that area.  He reported no vandalism on Halloween.   One reckless driver was cited during trick or treat.
 
Public Works.    Birkett’s written report was reviewed as follows:
Lift Stations/ Sewer:  Weekly testing of generators and valves.
 
Roads:  Wind storm damage was minor, one oak tree on Oak Knoll Road.  Road sides are mowed.  There were some street name sign thefts in the Rookery Subdivision- will get new signs up this week.  Working on shoulder projects for 2011.  Clover and Fernwood shouldering is completed, with some minor problems.  Contractor is going to take care of them this week.  Starting on brush cutting in right of way this week.
 
Buildings.  New furnace and air conditioning unit is in.  Rosenthal also installed a CO2 alarm in front office.  Village hall roof and gutters inspected and seem okay.  Library roof has some bubbles in it.  Looking into what needs to be done to correct it.  Gutters are clean and ready for winter.
 
Parks:  Are in good shape.  Tracy at Finders Keepers (local store) donated the mums in Pioneer Park and in front of Village Hall.
 
Misc.   Attended a large animal rescue class earlier in October.  Picked up two cats looking for homes.  Had calls for three kittens, though it looks like the people who called might keep them.
 
Engineer.  Tierney’s written report was reviewed as follows: 
Trail of Pines Condominiums:  No activity this period.  Coordination regarding Letter of Credit reduction and extension for maintenance.
 
Rookery Landing Subdivision:  Subdivision acceptance and closeout process.  Inspected shoulders.
 
2009 Street Improvements:  Coordinating with Payne & Dolan for closeout documentation.  Process final pay request.
 
Settlement of Rochester Condominiums:  Inspected pavement repairs and final surfacing of roads.  Some manholes are buried and grading work is needed.  Will coordinate with bank for final erosion control for winter and Letter of Credit reduction.
 
Basic Village Engineer services:  Provided information regarding Design-Build contracting options for Village Hall.  Reviewed interim Land Division code revisions.
 
Stoneridge Re-Subdivision Plan and Plat Review:  Reviewed Final Plat for re-subdivision of northerly lots.
 
First Reading:   Ordinance No. 2010-5  “An Ordinance Providing for the Amendment of Chapter XXVII, Land Division Control, of the (former) Town of Rochester Code of Ordinances, and Chapter 16, Land Division, of the Village of Rochester Municipal Code, to conform to recently enacted State Statutes, which will apply to the entire Corporate Limits of the Consolidated Village of Rochester” 
 
Novy reported this ordinance amendment is necessary to comply with recent statutory changes affecting approval and submission deadlines for subdivision plats.   State statutes were written in such a way that local land division ordinances must be consistent with these changes by December 31, 2010 or they will no longer be enforceable.  Beck moved, 2nd by Bennett to schedule the public hearing for Ordinance #2010-5 for the December 13th meeting.  Motion carried.
 
Resolution # 2010-10  “A Resolution to Accept the Public Improvements in the Rookery Landing Estates East and Rookery Landing Estates West Subdivisions”
 
Tierney reported that the last of the public improvements have been completed and that all lien waivers and Affidavits of Compliance with Prevailing Wage have been received.  He recommended acceptance of the public improvements and acceptance of a bond in the amount of $58,010 to warranty subdivision improvements for a period of one year.  Weinkauf moved, 2nd by Chart to adopt Resolution #2010-10 and to accept a warranty bond of $58,010.  Motion carried.
 
Application for Final Plat Approval:   Stoneridge North Subdivision
Location:    Ridge Lane
Owner:  Edward Stone 
                                        
Weinkauf  reported on Plan Commission review of the Stoneridge North final plat and revised subdivision covenants and restrictions at their November 1, 2010 meeting.  The Plan Commission recommended approval subject to the recommendations of the zoning administrator and legal review of the revised covenants.  He noted that the Plan Commission has no objection to removal of a subdivision association from the covenants because all commonly owned areas have been removed from the subdivision plat.  However, the Plan Commission did recommend tighter language restricting the placement of any fill, structures or plantings within drainage easement areas.   Bennett moved, 2nd by Lancour to approve the final plat and revised subdivision covenants and restrictions for Stoneridge North Subdivision subject to the recommendations of the Plan Commission.  Votes were:  Beck:  Aye;  Beere:  Aye;  Bennett:  Aye;  Chart:  Aye;  Lancour:  Aye;  Weinkauf:  Aye.  Motion Passed.  (Johnson recused himself from the vote.)
 
Beck moved, 2nd by Bennett to adjourn the regular meeting to reconvene after a public hearing.  Motion carried.
 
7:30 p.m.  Public Hearing:   Resolution No.   2010-8  “A Resolution to Vacate a Portion of S. State Street as platted on the Original Plan of Rochester but never constructed, lying westerly of Blocks 23 and 25 in the Village of Rochester, with reversion of title to such land to the abutting property owners, and to amend the official map of the Village of Rochester to show the same” 
 
Novy reported the resolution under consideration was proposed by the Village Attorney to correct a platting error that had occurred before the Village was incorporated.  Digital mapping by Racine County has brought the error to light.  The error is affecting the legal descriptions of properties located on the east side of State Street adjacent to Blocks 23 and 25 of the Original Plan of Rochester.   All affected property owners were personally served notice of the public hearing and proposed action.
 
Jeff Koehler, 209 S. State Street, addressed the Board.  Koehler reported his property initiated this action due to denial of a permit from the zoning administrator after discovery that his property did not show frontage on a public street.  Koehler reported he has incurred numerous expenses trying to clean up his property description and that this street vacation does not fix problems he has with his rear lot line.  He indicated an assessor’s plat prepared for the Village in 1963 was never recorded, but has been used as a reference for local surveyors ever since.  Many lot lines are shown dissecting structures in the county’s digitized map of his block.    He asserted it is the Village’s error that caused these problems and that the Village should adjust his rear lot line and pay for a new survey of his property.
 
Novy reported the Village does not have authority to adjust lot lines for property it does not own.   This must be worked out between individuals that have the legal authority to transfer ownership.  The Village is addressing the property line of the State Street right of way because it has the authority to do so.  This at least clarifies ownership of the land between the affected properties and the street.    Novy also reported being told that the reason the assessor’s plat was never recorded in 1963 was because the Village attorney counseled against it because of private property owner conflicts.
 
Novy reported she would provide affected property owners with follow up information on what will occur to their legal descriptions after the street vacation is recorded.  Koehler was told to put any additional requests in writing for formal consideration by the Board at a future date.
 
Beere moved, 2nd by Johnson to adjourn the public hearing and reconvene the regular meeting at 7:54 p.m.  Motion carried.
 
Second Reading:   Resolution No.   2010-8  “A Resolution to Vacate a Portion of S. State Street as platted on the Original Plan of Rochester but never constructed, lying westerly of Blocks 23 and 25 in the Village of Rochester, with reversion of title to such land to the abutting property owners, and to amend the official map of the Village of Rochester to show the same” 
 
Weinkauf moved, 2nd by Beck to adopt Resolution #2010-8.  Motion carried.
 
Legal Review Options:  Stoneridge North Subdivision Covenants and Restrictions
 
Novy reported the Village Attorney’s initial representation of Stoneridge’s developer causes a conflict of interest for her to represent the Village in reviewing the revised covenants.  The Village Attorney recommended hiring Atty. Brian Wanasek to perform this review since he is familiar with the development from his service on the former Town Plan Commission.  Wanasek’s firm charges $140 an hour for municipal work.   Beck moved, 2nd by Chart to hire Atty. Brian Wanasek to perform review of Stoneridge North’s covenants and restrictions.  Motion carried.
 
Request for permission to install Data Collection Equipment in Pioneer Park Lift Station building:
Alan Jasperson, Racine County Drainage Board      
                                                 
Alan Jasperson addressed the Board.  He reported follow up to his previous request for Village Board support on an application for a permit to allow draw down of the Fox River each winter by completely opening the Rochester Dam.  Jasperson reported denial of that permit, but being permitted to draw down the river this year only to facilitate drainage canal maintenance.  The drainage district is requesting permission to install river level monitoring equipment in the Pioneer Park lift station building.  However, it was just discovered that the equipment originally under consideration will not fit in the building.  Jasperson reported Birkett is working with the equipment vendor to determine whether any other units are available that would fit.  If this is not possible, the district would like to be able to hang the monitoring equipment outside of the building. 
 
Under either scenario, the district would like to utilize the village’s electrical service at the site and would reimburse the village energy costs associated with operating the equipment.  Bennett questioned Jasperson on the village’s recent request that the district raise the level of the river up to a height that covers the dry hydrant inlets installed downstream of the County Highway D bridge.   The river level must be at least six inches above the inlet in order for it to work properly.   Jasperson indicated he would contact the appropriate person and have the level adjusted immediately.   Weinkauf moved, 2nd by Chart to authorize Birkett to work with the Racine County Drainage Board to locate and install river monitoring equipment in Pioneer Park.   Votes were:  Beck:  Aye;  Beere:  Aye;  Bennett:  Nay;  Chart:  Aye;  Johnson:  Aye;  Lancour:  Aye;  Weinkauf:  Aye.  Motion Passed.
 
Request for Increase in monthly garbage and recycling rates:  John’s Disposal Service, Inc.
 
Novy reported on John’s Disposal request for a $.40 cent increase per month per unit for garbage collection.  The service contract states John’s will not ask for a greater increase than CPI.   As of September 2010, the consumer price index (CPI) for all urban consumers increased 1.1% in the past twelve months; the energy CPI rose 3.8%; and the gasoline CPI rose 5.1%.   The increase request equates to 3.2%- an increase of $3 per household in the annual garbage collection charges.  Beck moved, 2nd by Lancour to approve John’s Disposal’s increase request.  Motion carried.     
 
Distribution/ review of Proposed 2011 Budget Materials in advance of public hearing scheduled for November 15, 2010:  Village Finance Committee
        
Minutes of the October 18th finance committee meeting were distributed along with a copy of the 2011 Budget Hearing Notice, proposed budget, and correspondence sent to the fire company and library on behalf of the finance committee.  Novy asked for any suggestions or concerns in advance of the public hearing.  Board members discussed the committee’s recommendation to deny an increase in funding requested by the fire company and asked that more information be provided on their spending and budget in the future.  It was noted that equipment maintenance has increased substantially since this service has been contracted out.  They also questioned whether the useful life of fire equipment can be extended since such good maintenance is occurring.
 
Resolution 2010-9 “Resolution by the Village of Rochester Board to amend the 2010 Budget”
 
Novy reported these amendments were recommended by the finance committee at their October 18, 2010 meeting.  Chart moved, 2nd by Bennett to adopt Resolution #2010-9.  Motion carried. 
 
Authorization to proceed with Request for Proposals for Construction Management Services:  Village Hall Building Committee
 
Chart reported on the building committee’s consideration of different construction contract options and its recommendation that the village proceed with a request for proposals for at-risk construction management services which include selection of an architect.  Johnson moved, 2nd by Beck to approve the committee’s recommendation and to authorize sending out a request for proposals.  Motion carried.
 
Resignation of Brian Krueger; authorization to advertise for part-time public works support person
 
Novy reported Krueger submitted his resignation October 12th.  Birkett is working to better define the duties and qualifications for the position and would like to proceed with advertising for a replacement person.  The finance committee included the position in the 2011 budget proposal for $4,681.  Beck moved, 2nd by Bennett to authorize advertising to fill the position.  Motion carried.
 
Authorization to host electronics collection event Saturday, May 7, 2011 at Rochester Fire Station
               
Novy reported on working with Meg Webber to coordinate an electronics collection event with the Fire Company, John’s Disposal and the Village of Waterford.  The event will be at no cost to the Village, other than supplying one or two staff people for the duration of the event.  John’s Disposal will supply one staff person and a semi-trailer in which to load the electronics; and the Village of Waterford will supply one staff person.  The event will be open to both Village of Rochester and Village of Waterford residents.  Novy asked for Board approval.  Bennett moved, 2nd by Johnson to approve hosting the event at the Rochester Fire Station.  Motion carried.
 
Correspondence was read from the Department of Administration stating the final 2010 population estimate for the village as 3,734; and from Meg Webber thanking the Board for their investment of time in her recycling project; and the Rochester Historical Society thanking the Board for allowing use of the municipal building for several fund raisers.
 
Committee Reports:
Public Works Committee:   Johnson reported no meeting was held in November due to no items being on the agenda.
                                                                                                                          
Village Hall Building Committee:  Chart reported on review of asbestos findings, asbestos abatement proposals, and demolition proposals for the two-story portion of the library building at the committee’s October 25th meeting.    Total costs are expected to be in the $30K - $35K range.  Additionally, information was distributed stating sprinkler system exemptions for assembly halls.  It does not appear that a system will be needed for the proposed building project.  The next meeting of the committee will be Monday, November 29th.
 
Western Racine County Health Department.  Bennett reported no meeting was held in the month of October.  The next meeting is scheduled for Tuesday, November 23, 2010.   
 
Honey Lake Protection and Rehabilitation Board:   Weinkauf reported the following items discussed at the October meeting: 
replacement of the Sugar Creek bridge on County Highway DD; 
acceptance of a bid from Bienemann Tree Service for removal of several trees to prepare the roads for  winter;  
acceptance of a bid from Bob Nowak for this season’s snowplowing for $18,000; and 
several street sign and street light replacements.
 
Finance Committee Report:  Beck reported the recommendations of the committee to approve all disbursements listed on the check detail dated October 12 through November 8, 2010;  investing $75,000 of village general funds and $266,000 of sewer utility funds in certificate of deposits for 90 days at the best rate of interest available.  Weinkauf moved, 2nd by Chart to approve the finance committee’s recommendations.  Motion carried. 
 
Johnson moved, 2nd by Lancour to adjourn at 8:53 p.m.  Motion carried
 
Respectfully submitted,
 
 
 
Betty J. Novy, CMC, CMTW
Clerk-Treasurer

November 15, 2010                           SPECIAL 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.

Public Hearing:  2011 Budget

No residents appeared to comment on the budget.  Novy reported on an amended budget submitted by the fire company since presentation of the proposed 2011 village budget at the November 8^th Village Board meeting.    The proposed village budget, as recommended by the finance committee, holds fire company funding at the 2010 level.  The fire company’s amended budget requests an increase of $3,000.    Novy reported approval of the fire company’s amended budget entails either increasing the tax levy or decreasing another spending category.  She also reported that Chief Dahlberg had called immediately preceding the meeting.  He stated inability of fire company representatives to attend the hearing due to training.  He also stated that fire company members would not contest the Village Board’s budget decision.

 Beck moved, 2^nd by Bennett to adjourn the public hearing at 7:21 p.m.

Board members discussed whether or not to grant the fire company’s funding increase.  Lancour moved, 2^nd by Weinkauf to maintain last year’s funding level for the fire company.  Motion carried.

 Bennett moved, 2^nd by Johnson to approve the 2011 budget, tax levy, and tax rate as follows:

Motion carried.

Lancour moved, 2^nd by Johnson to adjourn at 7:27 p.m.  Motion carried.

Respectfully submitted,

Betty J. Novy, CMC, CMTW
Clerk-Treasurer