Link: January 10, 2011 Regular Board Meeting Minutes
JANUARY 3, 2011
SPECIAL BOARD MEETING
7:00 P.M.
Paul Beere called the meeting to order at 7:00 p.m. with board members Ed Chart,
Gary Beck, Chris Johnson, Chris Bennett, Mike Weinkauf, and Bob Lancour present.
Betty Novy, Clerk-Treasurer, and Marcia Hasenstab, Village Attorney, were also
present.
Beck moved, 2nd by Bennett to adjourn to closed session as allowed by
§19.85(1)(g) “Conferring with legal counsel for the governmental body who is
rendering oral or written advice concerning strategy to be adopted by the body
with respect to litigation in which it is or is likely to become involved”
for the purpose of discussing an objection to the Village’s Request for
Proposals for an At-Risk Construction Manager. Motion carried.
Bennett moved, 2nd by Chart to reconvene in open session at 8:04 p.m.
Motion carried.
Possible action on revision to Request for Proposals for Construction Manager
for Village Hall
The Village Board discussed receipt of an objection to the Village’s request for
proposals for construction management services submitted by Hurtado Law Offices,
representing Beyer Construction. Hurtado objected to the “At Risk”
provisions, which make the construction manager guarantee the maximum price of
construction, and to the ability of the construction manager to bid on
performance of the construction work. They believe these two aspects
contradict public bidding laws and give the construction manager an unfair
advantage.
Board members did not agree with Hurtado’s objection as this process has been
utilized by numerous municipalities without challenge. They also noted that the
construction manager is required under this process to submit any bids on
construction work at least three days in advance of the due date, thereby
insuring no unfair advantage. However, legal counsel indicated these
issues have not been contested in court and getting involved in litigation could
cause a significant delay in the project. Numerous aspects of
proceeding with the original request for proposals and the potential of having
it challenged in court were discussed including possible loss of time, economic
advantage, and legal costs.
Weinkauf moved, 2nd by Bennett to amend the RFP (Request for Proposals) for
“Construction Management Services with a Guaranteed Maximum Price” revising it
to an RFP for “Construction Manager as Advisor” which specifically prohibits the
construction manager from bidding on the construction work and to authorize the
Village Clerk and Village Attorney to amend the RFP as necessary and distribute
it to interested parties as soon as possible. Motion carried.
Chart moved, 2nd by Lancour to adjourn at 8:11 p.m. Motion carried.
January 10, 2011
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 Manager; and John
Tierney, Engineer; were also present.
Pledge of Allegiance.
Minutes. Weinkauf noted no report in the minutes of
information relayed by Assistant Fire Chief Walter Henning at the December
meeting regarding removal of a dry hydrant when the Sugar Creek bridge is
reconstructed. Members of the Honey Lake Rehabilitation District would
like to ensure it is replaced. Novy was asked to get more
information from the fire chief on this topic. Weinkauf moved, 2nd by
Bennett to approve minutes of the December 13, 2010 meeting as printed.
Motion carried.
Period for Public Comment (for items not on the agenda).
Cristie Hall, 607 Stephanie Street, addressed the Board. She reported on
communications with the zoning administrator in regards to keeping a small
number of chickens on her property as a 4-H project for her children. He
had instructed her to address the Board on this issue. Board members
offered several suggestions on what type of information should be submitted to
apply for a special animal permit. Birkett will work with Hall on
addressing the necessary issues.
Mike Weinkauf, 1310 Heritage Road, requested reconsideration of the decision the
Board had made at the December meeting regarding the estimated size and cost of
the village hall to be included in the request for proposals for construction
management services. He feels the building should cost less and be smaller
than proposed. Several board members reiterated their reasons for voting
the way they had in December. Beck pointed out the issue was not on the
agenda.
Department Reports:
Sheriff.
Deputy Castillo read a written report showing the following statistics for
December: four accidents; ten speeding citations, one traffic citation,
six parking citations and eight warnings were issued. There were two
misdemeanor arrests. Complaint statistics were as follows: thirteen
complaints originated through calls directly to the Sheriff’s Department; Deputy
Castillo assisted with two additional complaints, originated thirty-three on his
own and performed follow up on twenty-four. He reported eighteen working days,
144.5 hours and 1,008 miles driven. Twenty foot patrols were also
conducted. A report was also distributed showing 2010 totals.
Additionally, Castillo reported addressing some complaints regarding garbage
picking. Beck reported rubbish and tall grass on two properties located on
the corner of STH 36 and STH 20. Castillo will contact the owner.
There was also some discussion regarding concerts held at Alpine Valley.
Castillo indicated the quantity of concerts and the average age of participants
have greatly reduced the need for scheduling special attention during these
events.
Sergeant Kacmarcik addressed the Board. He questioned whether the Board
would like the Sheriff’s Department to continue overnight parking enforcement as
part of the 2011 contract. Board members indicated consent. Kacmarcik also
stated he will be forwarding a report that compares the totality of Rochester
calls from year to year for review by the Village Board.
Public Works. Christopher Birkett’s written
report was reviewed follows:
Lift Stations/ Sewer: Testing generators and maintenance of lift stations.
Working on sewer maintenance and repair budget with DPW Com.
Roads: Started sign upgrade, stop signs in worst shape, warning and speed signs
on N. Honey. Starting brush cutting this week. Staying on top of snow and ice
events. Will have new 5 yr road plan for review by next meeting.
Parks: Parks are in good shape. Working on spec’s for rip rap project.
Putting RFP together for park mowing
Animal Control: No dogs a few cats, more or less quiet this month.
Storm Sewer: DPW committee has set up a sub-committee to work on setting
up utility.
Weinkauf questioned whether the park pavilion concept was still moving forward.
Birkett reported the individual who initiated the project had discontinued
employment with Community State Bank and he hasn’t had contact with her since.
Weinkauf reported a private property owner in Rochester may be willing to donate
a gazebo. Weinkauf will work with Birkett on this issue.
Engineer. Tierney read his written report as follows:
2009 Street Improvements: Process final pay request.
Settlement of Rochester Condominiums: Prepared Notice of Acceptability for
sewers and street. Coordinated with attorney for acceptance practice.
Stormwater Utility Feasibility Study: Met with Public Works Committee to
kick off project. Preliminary GIS parcel review for gaps and errors.
Tasks pending this period: Attend subcommittee meeting, begin stormwater
master plan drainage basin delineation.
2011 Municipal Engineering services: PW Transportation- Assist with
planning of 2011 project and new 5-year plan. Prepared Paser rating map.
Village of Waterford Main Street Revitalization Project: Tom
Christensen
Novy reported that Tom Christensen, Village of Waterford Trustee, had called to
apologize that he was unable to attend the meeting. His specific request
was that the Board consider issuing a letter supporting Waterford’s application
for a Main Street revitalization grant. Materials supporting the grant
application were provided to Board members for review. Bennett moved, 2nd
by Johnson to send a letter of support for the Village of Waterford’s Main
Street Revitalization Project. Motion carried.
Driveway- Drainage Complaint: Marvin Gauger, 303 N. Rochester
Street
Gauger’s correspondence and photographs regarding drainage and curb problems
caused by reconstruction of the N. Rochester Street Bridge were reviewed.
Novy reported a determination made in 2009 that the referenced drainage
issues were the result of the culvert serving Gauger’s driveway being set at an
incorrect elevation. However, the cost of meeting federal and state guidelines
to pursue an errors and omissions claim against the design engineer was
prohibitive in relation to the cost of simply resetting the culvert. At
that time, the Board decided the best course of action would be to roll culvert
repair in with the N. River Road reconstruction/ resurfacing project.
However, the project was delayed due to an unsuccessful funding application.
In regards to the curb complaint, Birkett reported test-driving the public works
truck in Gauger’s driveway. He was able to avoid contact with the curb.
However, pictures show the curb is not cut properly in relation to the driveway
entrance. Additional pictures also showed settling where the bridge meets
the sidewalk and damage to a tree. Birkett will monitor the sidewalk situation,
paying special attention to its condition when the frost comes out of the ground
in spring. The issue regarding tree damage was referred to the
Western Racine County Sewerage District as this was the result of work they had
done.
Weinkauf moved, 2nd by Lancour to send a letter to Gauger stating that the
Village will include repair of his culvert and curb with the next road
construction project. Motion carried.
2011-2012 Public Health Services Contract: Memorial Hospital
of Burlington
Novy reported the proposed contract contains the same terms and costs as the
2009-2010 contract with the exception that specific blood pressure screening
times and locations are not offered. Instead, blood pressure screenings
will be available at all immunization clinics and by appointment at the health
department. Beck moved, 2nd by Weinkauf to approve the 2011-2012 Public
Health Services Contract with Memorial Hospital of Burlington as presented.
Motion carried.
Resolution #2011-1 “Sign Maintenance Policies and Procedures”
Johnson reported the Public Works committee’s recommendation to approve this
policy for the purpose of complying with new federal regulations. Weinkauf
moved, 2nd by Bennett to adopt Resolution #2011-1 to establish sign maintenance
policies and procedures. Motion carried.
2009 Street Project Work Order Amendment No. 2: Baxter-Woodman
Beck reported on finance committee review and recommendation on this item.
Baxter-Woodman is withdrawing their request for reimbursement. The
committee recommends releasing the final payment for the 2009 project to Payne &
Dolan for $11,596.35; and to accept Baxter-Woodman’s withdrawal of the 2009
Street Project Work Order Amendment No. 2. Weinkauf moved, 2nd by Johnson
to approve the Finance Committee’s recommendation and release payment to Payne &
Dolan. Motion carried.
2011 Sewer Utility Budget
Beck reported on finance committee review and recommendation of the proposed
budget. They recommend approving the budget and an associated $2.00 per
unit quarterly increase. Weinkauf moved, 2nd by Beck to table action on
this item until after the Public Works committee meets and discusses the impact
of infiltration measures on sewerage treatment flows and costs. Motion carried.
Applications for Operator’s Licenses: Christopher D. Windsor;
Randal J. Grisham
Novy reported Windsor’s and Grisham’s background checks do not show any
violations specifically related to drugs or alcohol. Windsor will be
submitting copy of a bartender’s license he currently holds in the City of
Stevens Point. Grisham currently holds a license in the City of Burlington.
Weinkauf moved, 2nd by Beck to approve Windsor’s license contingent on
submission of a copy of the license he holds in the City of Stevens Point; and
Grisham’s license with no contingencies. Votes were: Beck:
Aye; Beere: Aye; Chart: Aye; Johnson: Aye; Lancour:
Aye; Weinkauf: Aye. Bennett: Naye. Motion passed.
Correspondence was read from Southeastern Wisconsin Regional
Planning Commission announcing their 2010 Annual Report is available.
Committee Reports:
Public Works Committee: Johnson reported on discussions
held at the January 4th meeting. Johnson, Weinkauf, and Bennett were
appointed to a sub-committee to work with Baxter-Woodman on the storm-water
utility feasibility study. Meetings of the sub-committee were set
for the third Thursday of every month. The committee also reviewed and
recommended approval of a sign maintenance policy. Vince Klemko and Jim
Joseph, Western Racine County Sewerage District representatives, reported on
upcoming cost increases for sewage treatment. The committee also discussed
a request to plow the Case Eagle walking trail and decided the liability risk
was not worth it. They tabled road project discussions to the February
meeting.
Honey Lake Protection and Rehabilitation Board:
Weinkauf reported the district board is working on an evacuation plan for lake
residents. If a train derails, the Spring Prairie Town Hall would serve as
their meeting place. If the area was struck with another type of disaster, the
Rochester Village Hall would serve as the alternative meeting place. Weinkauf
reported on fall clean up activities and indicated the district had no plans to
comply with “high visibility” standards when replacing street name signs on
private roads. The district reported satisfaction with the
crack-sealing work that had been done on their roads this past summer.
They are having problems with snowmobilers on the dykes around the lake and plan
to install signs to deter this activity. They are concerned about the possible
loss of a dry hydrant located near the Sugar Creek bridge on CTH DD because they
feel it is needed to provide adequate fire suppression services in the area.
Weinkauf also reported none of the current members of the Town of Spring Prairie
Board are running for election and there have been no papers filed to fill their
seats.
Western Racine County Health Department: Bennett had
nothing to report.
Village Hall Building Committee: Chart reported the RFP
(request for proposals) for construction management services was reissued due to
a legal issue. Amended RFPs are due January 28th. The next meeting
of the committee will be January 31st.
Finance Committee Report: Beck reported the
recommendations of the committee to approve all disbursements listed on the
check detail dated December 15, 2010 – January 10, 2011 and to release check
number 11122 to Payne & Dolan for $11,596.35. Weinkauf moved, 2nd by
Bennett to approve the finance committee’s recommendations. Motion
carried.
Bennett moved, 2nd by Beck to adjourn at 8:26 p.m. Motion carried
Respectfully submitted,
Betty J. Novy, CMC, CMTW
Clerk-Treasurer