October 11, 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; Sandi Swan, Deputy Clerk-Treasurer, Christopher Birkett, Public Works Director; and John Tierney, Engineer were also present.
 
Pledge of Allegiance.
 
Minutes.  Bennett moved, 2nd by Weinkauf to approve minutes of the September 13, 23 & 27, 2010 meetings 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 September:  one accident; ten speeding citations, five traffic citations, nine parking citations and twelve warnings were issued.  There were two ordinance arrests.  Complaint statistics were as follows:  twenty-one complaints originated through calls directly to the Sheriff’s Department; Deputy Castillo assisted with eleven additional complaints, originated fifty-two on his own and performed follow up on forty-one. He reported twenty three working days, 192 hours and 1,520 miles driven.  Twenty eight foot patrols were conducted. 
 
Public Works.    Birkett’s written report was reviewed follows:
Lift Stations/ Sewer:  Generator/maintenance of stations ongoing. Cleaned wet wells. Augua fix installed new grease treatment in Chances.
 
Roads:  Mary St. cul de sac is scheduled with Bob Kordus, should be completed in the next 2 weeks. Fall right of way mowing is with a few short sections. Crack filling for the year is completed\. Shoulder work should be completed shortly; will be continuing to touch up pot holes and shoulders. Went over snow plowing concerns with Chuck Britnall.
 
Buildings: Weidert Electric has installed two new lights on Municipal Building and has diagnosed a lighting problem in Library entrance to community room.They should have those working this week.
 
Bank Parking Lot: Storm water structure is in. Half of the sidewalks have been poured; the other half should be in place by October 15th.
 
Parks: Are in good shape. Animal Control has been quiet. Attended  a public hearing on Act 90 with Chris Bennett. We are exempt from this law do to the fact that we have animal control in house and are not contracted to an animal shelter.
 
Misc:    Budget was discussed for up coming year and requests have been turned in to finance committee for approval. Storm sewer quotes and selection is on hold, to see if we have adequate finances to proceed.
 
Engineer.  Tierney’s written report was reviewed as follows: 
Trail of Pines Condominiums:  Reviewed revised as-built drawings and recommend approval.
Coordination regarding Letter of Credit reduction and extension for maintenance.
 
Rookery Landing Subdivision:  No activity this period.  Observe shoulder gravel placement and process LOC reduction.
 
2009 Street Improvements:  No activity at this time. Process final pay request.
 
Settlement of Rochester Condominiums:  Inspected curb replacement and detention basin erosion repairs. Met on site with landscapers regarding retaining wall repairs/modifications.
 
Ag School Drain Tile Study:  No activity this period.  Prepare report addendum from PW committee meeting with property owners.
 
Basic Village Engineer services:  Prepared revised sketches and attended Village Hall Building Committee Meeting. Assisted Zoning Administrator with flood plain questions on a Tahoe Lake accessory structure permit. Coordinated  with PW supervisor regarding bank parking lot storm water sewer connection and upgrade existing catch basin grate. Assisted Clerk and Attorney regarding State St. right of way /gap, including exhibits and legal descriptions.  Assistance as needed. Provide assistance with parking lot construction.
 
Stoneridge Re-Subdivision Plan and Plat Reivew: Reviewed the Preliminary Plat for the re-subdivision and coordinated with the developer and the Village Zoning Administrator. Provide assistance as needed.
 
Request for Reduction in Letter of Credit Amount: The Settlement of Rochester (Equitable Bank)
 
A copy of the request from Equitable for a reduction in the Letter of Credit was provided to the Board.
 
Tierney reported that they reviewed the Letter of Credit reduction requested by the Equitable Bank for the Settlement of Rochester project. They concur with the Bank’s request for reduction for the three construction items listed in the request; however in concurrence with the Village Attorney, they do not agree with release of the 15% Contingency, as it would be in violation of the Developer’s Agreement maintenance requirements.
 
He provided a detailed calculation of completed and incomplete items. The tabulation included an estimate for items needed from the Bank prior to acceptance of the improvements, and anticipated professional fees during the acceptance process. His reduction summary is as follows:
 
Original Letter of Credit                                  $1,518,003.16
Current Letter of Credit                                   $    347,638.31
Letter of Credit to Remain                   $   (256,699.58)
 
Amount of Reduction                          $      90, 938.73
 
Based on the analysis that was provided and the above summary, they recommend the present letter of credit be reduced by an amount of $90,938.73 to a new Letter of Credit value of not less than $256,699.58.
 
Per the Developer’s Agreement the Letter of Credit shall not be reduced below 15% of the original Letter of Credit, or $227,700.48, until expiration of the 1-year warranty period. The current recommended reduction does not violate this rule.
 
Motion made by Beck, 2nd by Weinkauf to approve the reduction in the Letter of Credit for the Settlement of Rochester by $90,938.73 to a new Letter of Credit with a value of not less than $256,699.58. Motion carried.
 
Request for Distribution Easement across Village Property lying east of the Fire Station:
WE Energies (to serve 204 S. State St.)
 
Correspondence was provided from WE-Energies showing three options to provide utility service to a new construction home at 204 S. State St.
 
Birkett reported that WE-Energies would like to run cable in an eight foot wide easement along the east property line of the Rochester Fire StationDepartment to provide electrical service to a new construction house on S. State St. This proposal is one of three options. WE-Energies would prefer this option because the other options would require severe tree pruning and or the possibility of tree or multiple tree removal on S. State St. Birkett stated that he checked with Jon Schattner to see if it would comply with any zoning restrictions. Schattner confirmed that it would not interfere with zoning and or setbacks restrictions.
 
Tierney suggested that WE-Energies coordinate with the other utilities i.e. phone, cable so they could run those utilities in the same easement to prevent them from running them in a different location resulting in the removal of the trees on S. State St. Birkett stated he would contact We-Energies to see if that would be possible.
 
After discussion Lancour moved, 2nd by Weinkauf to grant an eight foot easement to WE-Energies to provide underground electric service to 204 S. State St. contingent on WE-Energies coordinating with the other utilities to service the same property in the same easement. Motion carried.
 
Johnson moved, 2nd by Bennett to adjourn the regular board meeting to hold a public hearing for Ordinance #2010-4. Motion carried.
 
Public Hearing: Ordinance #2010-4 Amending Zoning Ordinance No. 4-2004 to Allow Parking on Certain Sections of the Private Roadways in “The Settlement of Rochester” Condominium Development
 
Novy explained that the ordinance is being proposed to allow parking on one side of the street throughout the development. The identified area where the parking is to be allowed was shown in an exhibit that was provided with the ordinance to the board.
 
Novy stated that the Plan Commission reviewed the ordinance at their October 4th meeting and recommended approval subject to the location of the designated parking areas being consistent with what the condominium association had originally submitted in June and the clarification of no overnight parking provisions. A statement was added to the parking plan stating “No parking on through streets from 2:00 a.m. to 6:00 a.m.”. This statement is consistent with the Village overnight parking ordinances.
 
Beere questioned if the Village Deputy will be able to police those parking restrictions since the streets are privately owned by the Settlement. Novy stated there were provisions placed in the original zoning ordinance that would allow for that.
 
Beere also questioned if parking permits could be purchased to allow for overnight parking. Novy stated that the original overnight parking restrictions does not allow for parking in specified subdivisions within the village; the ordinance could be reviewed and modified to include the Settlement or Rochester. However, the ordinance that is being proposed clearly states no parking between 2:00 a.m. and 6:00 a.m.
 
Bennett questioned who would be responsible for the signage of the parking restrictions. Novy stated that the Settlement would provide the signage.
 
The parking exhibit was also reviewed by the Rochester Fire Department and they had no concerns.
 
Beere asked if there were any comments from the public. Tom Iverson, 403 Oak Hill Circle, thanked the Plan Commission and the Board for their cooperation.
 
Bennett moved, 2nd by Beck to adjourn the public hearing at 7:41 p.m. Motion carried.
 
Second Reading: Ordinance #2010-4 Amending Zoning Ordinance No. 4-2004 to Allow Parking on Certain Sections of the Private Roadways in “The Settlement of Rochester” Condominium Development
 
Weinkauf moved, 2nd by Lancour to approve Ordinance No. 4-2004 to allow parking on certain sections of the private roadways in “The Settlement of Rochester” Condominium Development. Motion carried.
 
Amendments to Sanitary Easement and Access and Storm Water Drainage Easement for “The Settlement of Rochester” Condominium Development to Allow Parking on Certain sections of the Private Roadways
 
Beck moved, 2nd by Bennett to approve the amendments to the sanitary sewer easements and storm water drainage easements for “The Settlement of Rochester” Condominium Development to allow parking on certain sections of the private roadways. Motion carried.
 
Furnace/Air Conditioning Quotes: Municipal Building
 
Two quotes were provided to the Board – one from Rosenthal and one from Bonanza Heating. The Public Works Committee had reviewed these quotes at their October 5th meeting. The Committee recommended replacement of the furnace and air conditioning system by Rosenthal Heating & Air Conditioning for $3, 198.
 
Chart moved, 2nd by Bennett to approve the replacement of the furnace and air conditioning by
Rosenthal Heating and Air Conditioning for $3,198. Motion carried.
 
Application for Operator’s License: Lisa A. Nevitt-Austin
 
Novy reported that Lisa A. Nevitt – Austin submitted a certificate of completion for the Wisconsin Alcohol Seller/Servers course and a back ground check came up clean. Approval was recommended.
 
Bennett moved, 2nd by Lancour to approve an operator’s license for Lisa A. Nevitt – Austin. Motion carried.
 
Set Date for Special Meeting to Hold Budget Hearing
 
Consensus of the Board was to hold the budget hearing on November 15, 2010 at 7:00 p.m.
 
Correspondence was read from: the Western Racine County Health Department regarding credit on monthly billing; Mary Grube regarding the Camelback, Scotsdale & Camelback Mtn. subdivision block party; Knuteson, Powers & Quinn, S.C. regarding Racine County Board of Drainage Commissioners Annual Reports; 2010 Census Committee Countdown Newsletter-Wisconsin Edition regarding Rochester making the newsletter; Racine County Board of Drainage Commissioners regarding lowering the water level of the Fox River from October 15 to February 28; Rochester Public Library regarding joint library article in Waterford Post.
 
Committee Reports:
Public Works: Johnson reported that Chris Birkett and Chris Bennett attended the rules hearing for ACT 90. They found out that the Village does not have to comply with ACT 90 because the Village provides  animal control in house and does not contract to any outside municipalities.
 
Johnson also reported the committee reviewed the four storm water feasibility study proposals received and narrowed them down by one. The committee is holding off on selecting one until they see what the 2011 budget will allow.
 
Building Committee:
 
Western Racine County Health Department:
 
Bennett reported that the Village received a credit in the amount of $1281.52. The Health Department received federal dollars for the H1N1 vaccination distribution for the 2009-2010 flu seasons. That credit was passed on to the municipalities in Western Racine County.
 
He reported that whooping cough is on the rise. There were five suicides. The Rochester Mini Mart passed their latest compliance check.
 
Honey Lake Protection and Rehabilitation Board:
 
Weinkauf stated he attended their meeting on September 21st. He stated that the WI DNR was also in attendance to discuss the new bridge they will be building on Hwy. DD. The DNR will be installing some devices that would catch any sediment so it does not end up in Honey Lake. The DNR is going to work with the Honey Lake protection district to ensure that the bridge is built correct and they protect the lake in the process. The will also be installing new pylons. The bridge will be closed for six months.
 
He reported that the district sent a letter to a property owner because he was maintaining district property and that he moved the survey stakes to make it look like it was his property.
 
The Board also discussed an emergency action plan in case of a catastrophic event. They suggested that the residents report to the Village Hall or Fire Station in case of an emergency so everyone can be accounted for.
 
The Board accepted a bid from Asphalt Contractors to black top Shervin Drive.
 
Weinkauf also reported that the Board received instructions from the DNR that a dam safety unit needs to be done by a certified engineer and the District need to also perform a dam failure analysis which will be very costly for the District.
 
Super Board Meeting:
 
Chart reported that he attended the Super Board Meeting. Town of Norway is sponsoring a fashion show to raise money for Breast Cancer Awareness.
 
There was also a discussion about have a computer drop off site that would be open 24 hours a day, seven days a week. Residents are finding it hard to dispose of these items so computers are being thrown in ditches. Chart suggested that they do a quarterly drop off.
 
They have WI-FI in all the schools now.
 
Finance Committee: Approval of 10-11-2010 Disbursements and Investments:  Beck reported the recommendation of the Committee to approve all disbursements listed on the check detail of September 14 through October 11, 2010; the finance committee also recommends the renewal of certificate #4031360 for 6 months at a rate of 1%.
 
Bennett moved, 2nd by Chart to approve the Finance Committee’s recommendations.  Motion carried. 
 
Weinkauf moved, 2nd by Bennett to adjourn at 8:27 p.m.  Motion carried
 
Respectfully submitted,
 

Sandi Swan