June 13, 2011                                    
VILLAGE BOARD MEETING                            
7:00 p.m
    
           
Paul Beere called the meeting to order at 7:00 p.m. with Chris Bennett, Ed Chart, Chris Johnson, Bob Lancour, and Mike Weinkauf present.   Gary Beck was absent.
 
Betty Novy, Clerk-Treasurer; Christopher Birkett, Public Works Manager; and John Tierney, Engineer; were also present.
 
Pledge of Allegiance.
 
Minutes.   Weinkauf, moved, 2nd by Bennett to approve minutes from the April 21, May 2, and May 23, 2011 meetings.   Motion carried.
 
Period for Public Comment.   Gil Bakke, County Supervisor, reported on proposed changes to county supervisory districts as a result of the 2010 census.  Re-districting will reduce representation on the County Board from 23 to 21 supervisors.  His district has changed in that he will now represent the original Village of Rochester and all of the Village of Waterford as District 18.   The representative for the southern and western part of the Rochester will be Tom Pringle.  Beere questioned Bakke on representation on the Western Racine County Sewerage District Board.  Bakke responded there will be a meeting with the County Executive to discuss representation.    He indicated there is no written agreement that addresses representation, so it is up to the County Board to address this.
 
Ed Yanke, 109 N. State Street, commented on the number of people attending the meeting and asked whether the Board was contemplating moving meetings back to the village hall.  Beere responded it is on the advice of the village attorney that meetings are no longer be held at the village hall because the facilities are not handicap accessible.   Yanke asserted it is not necessary to have handicap accessible facilities available because the building is grandfathered.   Beere indicated he would like to see another attorney’s rendering on this.
 
Debra Perman, 2541 Langmaid Street, stated Mr. Yanke made a point and she wanted to know if the committee was going to look into this.   Beere indicated we (the Village Board) had an architect and attorney investigate this and the current village hall does not meet ADA standards.   Perman indicated she is the shortest person there and has never had a problem getting in and out of the municipal building.   She commented all she heard is that a few bars need to be installed in the restroom.
 
Charle Pietrowski, 108 N. State Street, commented on a direct legislation petition that was recently submitted and noted the people there (at the meeting) were all against the village hall building project.  He asserted Village Board members should go door to door to ask residents what they want.
 
Department Reports: 
Sheriff.    Deputy Castillo read a written report showing the following statistics for May:  zero accidents; six speeding citations, five traffic citations, thirteen parking citations and thirteen warnings were issued.  There were two arrests.  Complaint statistics were as follows:  twenty-two complaints originated through calls directly to the Sheriff’s Department;  Deputy Castillo assisted with twelve additional complaints, originated thirty-seven on his own and performed follow up on twenty-three.   He reported nineteen working days, 152 hours and 1,153 miles driven.  Twenty-one foot patrols were also conducted.  
 
Additionally, Castillo reported on Memorial Day parade activities, speed enforcement on N. River Road, and junk vehicle violations.  Letters have gone out on junk violations, including four citations.  Sgt. Mattke warned attendees to keep their vehicle doors locked as there have been several thefts from unlocked vehicles in the area.  He then reported on the 2012 law enforcement contract.   Proposed costs are approximately $1,000 higher than this year.   Johnson questioned whether there were any fuel surcharges.   Mattke responded “not to his knowledge”.    Board members indicated the contract was on the agenda for action later in the meeting. 
 
Public Works.    Christopher Birkett’s written report was reviewed follows:
 
Lift Stations/ Sewer:  Testing generators and maintenance of lift stations.  I am still checking manholes in our road project, compiling a list of repairs to be addressed in conjunction with our road project.  Wet well cleaning is completed. Sewer televising is completed I am reviewing footage.
 
Roads: Working on shoulders, potholes, and signs. We have had 2 storm events in the last 5 weeks. State St. was hit both times, Oak Knoll, just with the last storm. Approximately 10 trees went down or were damaged. Roadside mowing should be done in the next 2 weeks.
 
Parks: All 3 are in good shape. I need to mulch tree rings at Case Eagle. Memorial Day went well, everything was cleaned up that same day.
 
Animal Control: We had 4 stray dogs this last month, all went back to their owners.    
 
Storm Sewer:  Subcommittee continues to meet.
 
Weeds: Complaints are starting to come in.
 
Engineer.  Tierney read his written report as follows: 
 
Stormwater Utility Feasibility Study:  Drafting the Stormwater Master Plan.  Tabulated sample ERU for the utility.  GIS database adjustment for pre-final customer classification.
 
2011 Municipal Engineering Services:  Transportation – Reviewed documentation from Racine County and Graef relating to CTH D improvements at wetlands flooding problem west of State Street.  Attended meeting with same and prepared memo to Public Works Committee.  Zoning- Coordinated with Zoning Administrator, property owner and new surveyor on the State Street gap issue.
 
2011 Street Improvements:  Project out to bid.  Answered bidder questions.  Prepared addendum for nominal aggregate size in the asphalt mix.
 
Sanitary Sewer GIS Atlas:  Delivered draft map to Public Works Manager for review.
 
Zoning Department:  Schattner read his written report as follows:
 
Site plan reviews, conditional use requests, and variance requests that have been reviewed by the Rochester Village Planning Commission and the Village Board and zoning /occupancy permits issued by the Village Zoning Administrator from March 14, 2011 to June 10, 2011.   They are as follows:
 
Site Plan & Operational Plan Reviews
a) Community State Bank/ Village of Rochester received approval from the Village Planning Commission and the Village Board on May 2, 2011, to amend their landscape and lighting plan around the perimeter of the asphalt parking lot south of 201-203 W. Main Street.
 
Conditional Uses
a) Curtis & Jennifer Pape (Therapeutic Equine Riding Center) 2623 Maple Road, approved by the Village Planning Commission & Village Board on May 2, 2011.

b) BAM Strehlow, LLC (Foursis Academy of Dance) 29110 Evergreen Drive, approved by the Village Planning Commission on June 6, 2011 and scheduled to be heard by the Village Board on June 13, 2011.
 
Shoreland Contract
a) Eugene & Nancy Jo Ball (623 North River Road) – construction of a grass waterway outletting in the floodplain of the Fox River.
 
Zoning Permits
a) Five (5) storage sheds
b) One (1) pole building
c) One building conversion to two (2) residential units
d) Three (3) residential additions
e) Five (5) wood deck additions
f) One (1) swimming pool
g) Two (2) swimming pools/decks
 
Occupancy Permits
a) Miller Brothers Partnership - to convert beauty shop at 29200 Evergreen Drive to residential apartments (2 Units)- Approved by the Village Board on March 14, 2011
 
Final Plat
a) Stoneridge North (Ed Stone)- Final Plat has been recorded with the Racine County Register of Deeds.
 
Variances
a) Welke Brothers Farms- Received Village of Rochester Zoning Board of Appeals on March 24, 2011 to construct a 42' x 60' agricultural accessory structure on a residential zoned lot at 35507 Washington Ave.
 
Notice of Zoning Violations that have been corrected:
 
Justin Hanson- 613 Highway DO- Parcel Id. # 176031918235000- Conducting a roofing & home improvement business on his property that is presently zoned R-2, Suburban Residential District (Unsewered). The Village Zoning Administrator sent a notice of violation to Mr. Hanson on March 14, 2011 .  On April 7, 2011, The Village of Rochester Zoning Administrator granted Justin Hanson an extension of time until June 1, 2011 to correct the violation that exists on his property at 613 Highway DD.  On June 9, 2011, the Village of Rochester Zoning Administrator conducted an on-site investigation on the Justin Hanson Property and determined that Violation# 2011 -1 has been corrected . The only item remaining on his property is wood log siding which he is installing on his existing residence. A compliance letter will be sent to Justin Hanson stating that he has corrected his violation and will be placed in our closed file.
 
Anthony Sowinski - 602 Mink Ranch Road - Parcel Id. #176031911453140 -Issued a notice of violation (Violation # 2011-2) to Mr. Sowinski for conducting a taxidermist business in a residential zoned area.  On April 15, 2011, the Village Zoning Administrator approved an extension of time to remove his home address for this business from the web site and relocate the business in the Oak Creek area.  On June 8, 2011 Mr. Sowinski removed his business address from the web site and discontinued his business at 602 Mink Ranch Road. A compliance letter will be sent to Mr. Sowinski stating that he has corrected his zoning violation and will be placed in our closed file.
  
Notice of Violation that have been granted an extension of time to comply:
 
Raymond & Marjean Richardson - Sent notice of violation to the property owner for failure to comply with the conditions of his variance approval granted by Racine County Zoning Board of Adjustment, on 11/1/1983.  Property owner has contacted the Village Zoning Administrator and will be sending a letter by December 23, 2010, outlining how they will correct their violation.  The Village Zoning Administrator sent a letter to the property owners and their attorney, granting them an extension of time until June 1, 2011 to correct the violations that exist on their property.  In the process of contacting Attorney John Ward to set up an on-site field investigation on the Richardson Property and determine if the violation has been corrected.
 
Citations
Dionn Dassow- Requested that Tony Castillo, Racine County Sheriff Deputy, issue a citation to Mr. Dassow for failure to obtain a zoning permit for the construction of a roof over his existing stockpile of firewood . Mr. Dassow received a notice of violation from the Village of Rochester in December of 2009
outlining this same violation and removed the roof over the stockpile of firewood. Mr. Dassow has been informed by the building inspector and me that he needs to obtain building /zoning permits prior to construction.  On March 2, 2011, Deputy Tony Castillo issued a citation, at the request of the Zoning Administrator, to Mr. Dassow for failure to remove the roof over the stockpiled firewood. On June 10, 2011, I received an e-mail from Attorney Todd Terry, representing the Village of Rochester, informing me that Mr. Dassow did not appear at his initial court date, but must have filed a written not guilty plea. This matter is set for an initial hearing on July 1, 2011. I anticipate  we will have the matter set for trial sometime in August 2011.
 
Land Ordinance Committee Meeting:
 
Met with the Land Ordinance Committee on March 21, 2011 and submitted recommendations, relating to the proposed residential and commercial zoning districts, to incorporate into Chapter 15 (Planning & Zoning) of the Village of Rochester Municipal Code.
 
Met with the Land Ordinance Committee on April 17, 2011 , and submitted recommendations, relating to the proposed residential and commercial zoning districts, to incorporate into Chapter 15 (Planning & Zoning) of the
Village of Rochester Municipal Code.
 
Met with the Land Ordinance Committee on May 16, 2011, and submitted recommendations, relating to the proposed commercial and conservation zoning districts, to incorporate into Chapter 15 (Planning & Zoning) of the Village of Rochester Municipal Code.
 
Next Land Ordinance Committee meeting is scheduled for June 20, 2011, at which time we will be discussing recommendations relating to Park and Agricultural zoning districts.
 
Pat Gerber, 412 N. State Street, questioned approval to convert commercial space back into residential apartments at 29200 Evergreen Drive.  She recalled that the original conditional use for the building only allowed one-bedroom apartments.  Schattner indicated he would double-check the original approval.
 
Building Inspection:   Lee Greivell reported 23 building permits issued in March, April and May, detailing an addition, shed, six electric and nine HVAC permits.  He also reported posting the Ouwens property, 208 S. Front Street, with a raze order on May 19th.   Greivell noted permits are up from last year at this time.

Application for Conditional Use Permit to occupy an existing commercial building to conduct instructional dance and gymnastic classes, birthday parties, music lessons and fitness programs, at 29110 Evergreen Drive;   Applicant:  Foursis Dance Academy LLC;  Owner  BAM Strehlow LLC
       
Weinkauf and Schattner reported on Plan Commission review and recommendations on this item.  Bennett moved, 2nd by Chart to approve the conditional use permit to occupy an existing commercial building to conduct instructional dance and gymnastic classes, birthday parties, music lessons and fitness programs, at 29110 Evergreen Drive, subject to the conditions recommended by the Plan Commission and Zoning Administrator.  Motion carried.
 
Consideration of Resolution #2011-4 Awarding the Sale of General Obligation Corporate Purpose Bonds, Series 2011
 
Dawn Gunderson, Ehlers & Associates, reported the bids received on the competitive bond sale of village debt in the form of true interest rates as follows:  Bankers Bank 3.9738%;  Bernardi Securities, Inc.:  4.1608%; and Baird:  4.5632%.   She recommended award of the bond issue for $1,075,000 to Banker’s Bank, partnered with Community State Bank, at 3.9738%.  Resolution #2011-4 executes that award.  Bennett moved, 2nd by Johnson to adopt Resolution #2011-4.  Votes were as follows:  Beck:  Absent; Beere:  Aye; Chart:  Aye; Johnson:  Aye;  Lancour:  Aye; Weinkauf:  Aye.  Bennett:  Aye.   Motion passed.
 
Certificate regarding Petition for Direct Legislation (submitted May 23, 2011)
                     

Novy reported on the certificate her office attached to the petition after review for compliance with State Statutes.  Several legal issues disqualified the petition that was submitted on May 23rd.  However, she noted another petition with essentially the same language requiring a binding referendum in advance of any public construction projects expected to cost more than $500,000 was submitted to her office that day.  The new petition will require the same certification process. 
 
Resolution #2011-5   “A Resolution to require that a Binding Referendum be held prior to Municipal Construction Projects expected to cost more than $2,000,000
 
Novy reported communicating the Village Board’s concerns to the Village Attorney in regards to the petition dated May 23rd, noting the proposed $500,000 limit interferes with the Board’s ability to execute adopted 15 year road and 20 year capital improvement plans.   In recognition of the previous petition, the Village Attorney recommended the Board pass a resolution requiring a referendum at a dollar amount that exceeds the amount of planned road projects. 
 
Weinkauf stated frustration with the initial petition and reported contacting several individuals who had signed it.  He asked them if their intent was to limit the Board from taking the action they just did- bonding for road projects and fire trucks.   The response was that they signed it because they were told the Village Board was going to spend $2,000,000 on a new village hall and they did not want to spend that amount of money.   They claimed the resolution was never even brought to their attention.  He feels it was easy to get people to sign a petition when numbers like $2,000,000 for a new village hall were thrown around.  He continued, if adopting this resolution is a good faith measure towards the last resolution, he does not feel the petition was correctly and honestly presented to the people as to what it was for.  He does not believe the resolution has to be passed as a good faith measure because of petition that was presented May 23rd.   He does not feel any limit should be set.     
 
Beere, Chart and Bennett stated preference to see the resolution passed based on the counsel of the Village Attorney.   Lancour did not feel $2,000,000 would restrict the Board too much as far as doing what is necessary to take care of Village roads.  He was agreeable to the resolution.  

Bennett moved, 2nd by Lancour to adopt Resolution #2011- 5. 
 
Public comment was allowed as follows:
 
Dawn Lewandowski, 417 N. State Street, quoted 2010 census data, and stated $2,000,000 divided by the household count is $1,400 per household.  She asserted she had done a lot of work researching this and that she wants Rochester to stay the way it is and doesn’t care if the roads go back to gravel.
 
Debra Schwinn, 2529 Langmaid Street, complimented the Board on going out to the bond market for the road project that was previously considered, but feels Resolution #2011-5 is giving the Board a blank check for $2,000,000.  She questioned the Board’s timing on this.
 
Janine Johnson, 503 Maryl Street, questioned why the Village doesn’t have reserve funds for these projects.  Beere indicated projects are financed over their life so that people getting the benefit of it are the people that pay
for it.   She stated her mom was the previous Village Clerk and that she knows that the Village had put money away to buy fire trucks at that time.  She feels putting money away for the future is responsible citizenship.
 
Charlie Pietrowski, 108 N. State Street, stated the proposed Direct Legislation only limits the Board for two years.  He asked that the Board keep it in line for two years at $500,000, then questioned the $2,000,000 limit, and then accused the Board of not handling village money properly.
 
Debra Perman, 2541 Langmaid Street, spoke against spending and then complained of engineering problems when her street was repaved and consequential flooding issues where her driveway meets the street.  She indicated if road projects are done this way, she cannot stand behind the Village Board.
 
David Schwartz, 602 Ryan Avenue, stated the only reason he signed the petition was because he thought that we should talk about the village building project again- buy, build or remodel.   He asked whether the village could remodel more conservatively rather than build a new building and said that he wanted to have a referendum. 
 
Weinkauf asked, when Schwartz signed the petition, was it his intention that the Village Board would have to go to a referendum every time they spend $500,000 on a project. 
 
Schwartz answered “no”, the petition was presented as being about the Village Hall.   Debra Perman concurred that this was also her understanding of the petition.
 
An unidentified resident stated she would like checks and balances.  That is why she signed the petition.
 
Joanne Chart, 33525 Washington Avenue, indicated this conversation has been going on for a year and a half already.  The cost was going to be around $1,000,000 to remodel the existing building and that was why the Board decided to buy or build new.  She commented waiting another two years is just going to make costs go that much higher.
 
Edward Yanke, 109 N. State Street, addressed an assertion made previously by Board members that village forefathers had left us (the village) in this position.  Yanke stated a new village hall was brought up in the 1960s and it got voted down by the village forefathers.  It was brought up again in the 1990s and it was not built.  He does not feel anyone is suffering.   He thinks it was a good thing that the village forefathers stopped this.  The village hall is useable.  It has been good for 50 years and will probably be good for another 50 years.
 
Beere stated it had been moved and seconded to approve Resolution #2011-5 and called the vote. Votes were taken as follows:  Beere:  Aye; Chart:  Aye; Johnson:  Aye;  Lancour:  Aye;  Bennett:  Aye;  Weinkauf:  Naye.   Motion passed.

 
Resolution #2011-6 “A Resolution approving the construction of a new village hall and an agreement for construction management and architectural services for construction of a new village hall with Anderson-Ashton, Inc.
 
Novy reported this resolution formally approves the form of the contract with Anderson-Ashton, Inc. 
 
Weinkauf moved, 2nd by Bennett to adopt Resolution #2011-6. 
 
Public comment was allowed as follows:
 
Dennis Acker, 33625 Ridge Lane, asserted the Village Board does not care about its constituents.
 
Pietrowski supported Acker’s statement because the Board is not following the petition for direct legislation.
 
Acker continued his assessments keep going up and pretty soon he won’t be able to afford his house.    He thought consolidation was supposed to save money.
 
Chad Chaulkin, 1928 Heritage Road, asked, other than addressing the issue that the current building looks like an eyesore to certain people, what purpose does a new village hall have?
 
Beere responded space is not adequate for the zoning administrator, police officer and public works.
 
Johnson also responded that the Village has new employees, a zoning administrator and public works manager that we didn’t have before.   Johnson stated the Village has to look to the future.  Consolidation offered protection for lands that were slated for annexation to either Burlington or Waterford.  This was its primary purpose.
 
Debbie Perman, 2541 Langmaid Street, stated her understanding that consolidation was supposed to simplify things.  She feels the Village should have only half the people- that we don’t need two building inspectors or two zoning directors- things should have been made more efficient. 
 
Pat Gerber, 412 N. State Street, stated the zoning for the Town was previously run out of the county building; now the records need to be held here.  She stated if individuals had come to the hearings that were held, they would know this because it has been discussed over and over at these meetings.
 
Debra Schwinn stated she hasn’t been to meetings because she has a job.  Consolidation was supposed to simplify and make life easier.  Her life hasn’t been simplified and has been made worse because of the smell of an asphalt plant near her house.  The Village is charging her more money and making her house worth less.
 
Mary Jo Mathers, 35305 Ravine Drive, stated she had gone door to door and met a lot of people and got to know her neighbors.  Only two people turned her down to sign the petition.  Everyone else said they don’t want that (a new village hall).    She stated her opinion that the majority of the people are not with the Board on this issue.
 
Beere repeated there are more people in more offices now.  The Village has a zoning administrator that we did not have before.   Previously, the building inspector served that role for the old Village.   The Village also has a full-time public works manager.   However, the major issue with the current building is that it is non-compliant with handicap accessibility requirements.  
 
Again, there were assertions that this is not a true problem.
 
Novy asked those present, again, to consider the use of the building as something separate from the building.  Although an individual had come through from an organization familiar with needs of the handicapped and stated the building was acceptable as is, that individual was not familiar with laws affecting public entities.
 
She continued that a legal opinion drafted by the Village Attorney is available at the Village Hall to anyone who wishes to see it.  This opinion cites use of the building as it relates to open meeting law compliance and discusses the violations that exist at the current facility because not everyone can comfortably attend public meetings.  This is a basic right.  The opinion cites applicable building codes and public policy statements, including Attorney General Opinions on this topic.  She asked that those present understand that there may be some regulations that apply to public entities, that would not apply to, for instance, a coffee shop.
 
Another unidentified resident questioned the Village’s cap on spending.  Novy indicated the current borrowing cap, based on the village’s current equalized value, is $17,000,000.  The Village never exceeds 30% of that in its adopted 20-year plan financing and capital project plans.
 
Johnson indicated the Village Board is attempting to save money in the long term with capital project planning.  They consolidated road projects to save money rather than piece mealing smaller projects one at a time.   He continued they are a frugal board that is always looking for money saving opportunities, citing appointment of Chris Birkett as the animal control officer which saved the Village $5,000 over a previous contract.  He said there are lots of things Board members do to help the Village. 
 
Debra Perman stated other people in the community were interested in providing animal control and they weren’t given an opportunity to do that.
 
Joanie Beck, 2441 Beck Drive, asked the Board to move on.
 
Beere stated it had been moved and seconded to approve Resolution #2011-6 and called the vote.  Motion was carried.
 
Resolution #2011-7 “Actions set forth by the Village of Rochester Sewer Utility relating to specific Compliance Maintenance Annual Report section
 
Novy reported this resolution fulfills the annual sewer utility reporting requirements to the Department of Natural Resources.  Bennett moved, 2nd by Weinkauf to adopt Resolution #2011-7.  Motion carried.
 
Resolution #2011- 8  “Resolution Disallowing a Claim Against the Village”
 
Novy reported this resolution was introduced at the counsel of the Village Attorney.   The claim asserted by Millgate Development LLC should be formally disallowed to establish a timeline.  No action can be brought against the Village 6 months after the date the disallowance is received.  Bennett moved, 2nd by Lancour to adopt Resolution #2011-8.  Motion carried.
 
Resolution #2011- 9  “Resolution to Impose a Special Charge on Tax Parcel 176031911009020 for Current Services on Property in the Village of Rochester”
 
Novy reported on a meeting held with the owner of this tax parcel.  James Hurst, owner of Millgate Development LLC, indicated he is unable to pay the charges right now and that the village should go ahead and put the special charge on the tax bill.  Chart moved, 2nd by Bennett to adopt Resolution #2011-9.  Motion carried.
 
Resolution #2011- 10  “Resolution adopting the Southeastern Wisconsin Regional Planning Commission (SEWRPC) Report No. 52 “A Regional Water Supply Plan for Southeastern Wisconsin: 2035”
 
Schattner reported on Plan Commission consideration of this planning report.  The document is adopted as a regional guide for locating municipal water towers.  The Plan Commission recommended approval.  Weinkauf moved, 2nd by Johnson to adopt Resolution #2011-10.  Motion carried.
 
Resolution #2011-11  “Resolution adopting the Southeastern Wisconsin Regional Planning Commission (SEWRPC) “Amendment to the Natural Areas and Critical Species Habitat Protection and Management Plan For The Southeastern Wisconsin Region”
 
Schattner reported on Plan Commission consideration of this planning report.  The document identifies and makes recommendations regarding lands to be preserved in public or private ownership.  The Plan Commission recommended approval.  Bennett moved, 2nd by Weinkauf to adopt Resolution #2011-11.  Motion carried.
 
Complaint regarding parking and open intoxicants on Evergreen Drive
 
Novy reported on a complaint received in her office regarding the lifting of parking restrictions on Evergreen Drive and open intoxicants being carried to vehicles during a Memorial Day event held at “The Bunker”, 29224 Evergreen Drive.    Board members discussed parking restrictions on the street and directed the Public Works Manager to work with the Sheriff’s Department on this issue noting that parking restrictions should only be relaxed on one side of the street during events.   “The Bunker” is to be made aware of the open intoxicant complaint as part of their liquor license renewal.      
 
Complaint regarding overnight parking of vehicles in municipal lot on Wade Street
 
Novy reported on a complaint received in her office regarding overnight parking in the lot on Wade Street.   The Village’s overnight parking ordinance covers the situation because the lot is within the Wade Street road right of way.  However, the lot will have to be posted to restrict overnight parking before the Sheriff’s Department can enforce it.   Novy asked the Board to clarify whether it is their intent to restrict overnight parking in municipal lots.   Consensus of the Board was to post the lot restricting overnight parking.
 
Application for Kennel License to keep 5 dogs:  Bill and Sharon Monnin, 906 N. Browns Lake Dr.
 
Birkett reported on inspection of the premises.  He found everything in good order and recommended approval of the license to keep five dogs.  Weinkauf moved, 2nd by Bennett to approve the kennel license application at 906 N. Browns Lake Drive to keep five dogs.   Votes were taken as follows:   Beere:  Aye;  Johnson:  Aye;  Lancour:  Aye;  Bennett:  Aye;  Weinkauf:  Aye;  Chart:  Naye.   Motion passed.
 
Special Exception Animal Permit to keep 3-5 chickens:  Jennifer & Art Juszkiewicz, 208 S. State St.
 
Birkett reported on Public Works Committee review of this item.  They recommended approval of the license to keep a maximum of three chickens at this property.  Bennett moved, 2nd by Lancour to approve special exception animal permit to keep up to three chickens at 208 S. Street Street.   Votes were taken as follows:   Beere:  Aye;  Johnson:  Aye;  Lancour:  Aye;  Bennett:  Aye;  Weinkauf:  Aye;  Chart:  Naye.   Motion passed.
 
Applications for Liquor License Renewals:
Chances Restaurant, 205 W. Main Street: Class “B” Liquor & Beer, Dance Hall, Soda
Operator’s License Renewals: Jill Conti, Judy Hegemann, Daniel Pellin
The DMZ Bunker, 29224 Evergreen Dr: Class “B” Beer & Liquor, Soda, Dance Hall.
Operator’s License Renewals:   Sherry Buelow , Tracy Johnson, Jody L. Spiegelhoff
New Operator’s License:  Sierra Sheehan
Hitch ‘n Post Saloon, 120 N. Browns Lake Dr: Class “B” Beer & Liquor, Soda, Dance Hall. Operator’s License Renewals: Megan Czajkowski, Shari L. McKay, Jessica Bichler, Chad Augle, Anna Schaefer,
Honey Lake Inn, 35415 Academy Rd: Class “B” Beer & Liquor, Soda, Cigarette, Dance Hall. Operator’s License Renewals:  Chris Windsor, Melissa Lloyd, Clark Krieger, Beth Brockman, Trudi Puchalski, Vincent Popp, Randall Grisham
 
Rochester Mini Mart, 605 S. Front Street: Class “A” Liquor & Beer, Cigarette, Soda.
Operator’s License Renewals: David Vanwinkle, Brenda Erb, Christina Dahlman, Deanna Beck

 
Novy reported all applications and applicants appear in order and each premises passed fire and grease trap inspections.  She recommended approval.  Johnson moved, 2nd by Weinkauf to approve all license applications with further direction that a letter be directed to “The Bunker” requesting that trash receptacles and signage be placed at their property limits during events notifying patrons not to carry alcohol off premise.  Motion carried.
 
Application for Special Exemption Permit for outdoor music on August 27th from 11:00 a.m. to 1:00 a.m.:  Hitch ‘n Post Saloon, 120 N. Browns Lake  Drive
 
Novy reported this is an annual fundraiser for which no complaints or objections have been filed.  Chart moved, 2nd by Bennett to approve the application for a special exemption permit to allow outdoor music on August 27th from 11:00 a.m. to 1:00 a.m. at the Hitch ‘n Post Saloon.  Motion carried.
 
2012 Law Enforcement Contract
 
Novy reported proposed 2012 law enforcement contract costs are $103,154.  This is $968 more than 2011, but $12 less than 2010 costs.  Bennett moved, 2nd by Chart to approve the 2012 law enforcement contract with Racine County Sheriff’s Department for $103,154.  Motion carried.
 
2011-2012 Assessor’s Salary/ Contract
 
Novy reported the proposed 2011-2012 assessor contract cost is $12,600, an increase of $200 over the 2010-2011 contract.  Weinkauf commented on the competency of the assessor during recent Board of Review proceedings.  Weinkauf moved, 2nd by Bennett to approve the 2011-2012 assessor’s contract with Kathy Romanak for a base salary of $12,600.  Motion carried.
 
Engineer Recommendation and Award of 2011 Street Project Contract
 
Tierney reported results of the 2011 street project bid opening as follows:   Payne & Dolan, Inc.:  $346,970;  B.R. Amon & Sons, Inc.:  $348,759; and Black Diamond Group:  $413,885.  Tierney recommended award of the contract to Payne & Dolan.  Weinkauf moved, 2nd by Johnson to approve award of the 2011 street project contract to Payne & Dolan, Inc. for $346,970.  Motion carried.
 
Determine participation in multi-jurisdictional 2012 Clean Sweep Grant Application
 
Novy reported on communications with the Village of Waterford regarding an application to host a household hazardous waste disposal event in 2012 that includes all western Racine County municipalities (with the exception of Town of Raymond).  The event would be held at the City of Burlington’s Public Works facility.  Estimated costs for the Village of Rochester to participate are $2,840.    Bennett moved, 2nd by Weinkauf to approve participation in the grant application.  Motion carried.
 
Determine primary contact and precedence with village hall building initial design phase including discussion on size and structure of Building Committee and possibly appointing a subcommittee or specific individuals to that task
 
Novy reported on communication with Anderson-Ashton, Inc., asking consideration that a subcommittee and/ or person(s) be appointed for the initial design stage of the project.  She noted a lot of the programming work has already been completed through work with other architects and the building committee.  Consensus of the Board was for Novy to compile the programming information gathered to date and to appoint Ed Chart, Mike Weinkauf and Paul Beere as the Building Design subcommittee to develop an initial design for the building.
 
2011 - 2012  Committee, Plan Commission and Zoning Board of Appeal Appointments
 
Beere recommended all appointments remain the same, including re-appointment of Jim Henning and Tony Hegemann to the Zoning Board of Appeals, with the exception that Pat Gerber is resigning from the Zoning Board of Appeals and is recommended for appointment to the Village Plan Commission to replace Jim Joseph.  Weinkauf moved, 2nd by Bennett to approve 2011-2012 Committee, Plan Commission and Zoning Board of Appeals appointments as stated.  Motion carried.
 
Recommendation to County Executive for Western Racine County Sewerage Commissioner (WRCSD)
 
Beere reported a vacancy exists on the WRCSD Board due to the passing of Jim Joseph, a long-standing Rochester representative.  The Town of Waterford has approached the County Executive about appointing someone from their Town to fill the seat, rather than appointing another representative from the Village of Rochester.  Beere indicated the County Executive has invited representatives from all involved municipalities to further discuss requested changes to the WRCSD’s Board composition.  Beere recommended the Rochester Village Board propose Chris Bennett as their candidate to fill the vacant seat and provide reasoning as to why Rochester should retain two representatives.    Board members should contact Novy with any ideas on this topic.
 
Correction and/or approval: 2011 Summer Newsletter
 
Board members reviewed the newsletter and approved it for distribution with additional direction that articles be added regarding the Community Garden and a request for perennials to share for planting in Pioneer Park.
 
Correspondence was read from the Rochester Historical Society thanking the Board for use of the Municipal Building for a recent event.
 
Committee Reports:
Public Works Committee:   Johnson reported on the June 7th meeting as follows:
 
·         A storm water utility report was given by the subcommittee;  
·         A request to keep chickens at 208 S. State Street was reviewed; 
·         A sewer mapping update was given by John Tierney;  
·         The 2011 road project manual was reviewed;  
·         There was discussion on the CTH D culvert that is proposed as part of the road reconstruction project; 
·         Maintenance on the air conditioning units for the village hall and library was authorized;
·         Repair of the public works truck was authorized; and
·         A request to have the basketball court at Rochester Commons resealed was reviewed.  (Birkett is getting bids for the work.)
 
The next scheduled meeting is July 5th.
                                                      
Ordinance Committee:   In the absence of Gary Beck, Schattner reported the committee addressed signage at their last meeting.  The next meeting is June 20th.
                                                                                                                          
Village Hall Building Committee:    Committee meetings are on hold until an initial design is created.
 
Western Racine County Health Department:  Bennett reported the May meeting had been cancelled due to a power outage at the building.
 
Honey Lake Protection and Rehabilitation Board:   Weinkauf reported on the May 17th meeting of the district board.  He updated the Board on an ongoing issue with Department of Natural Resources dam inspection requirements and proposed shoreland zoning implications; and a Spring Clean Up event that was held May 21st.  Ten semi-truck loads of garbage were collected.
 
Finance Committee Report:  Lancour reported the recommendations of the committee to approve all disbursements listed on the check detail dated May 3, 2011 – June 13, 2011.  The committee also recommended reinvestment of sewer utility and general fund certificate of deposit proceeds due June 22, 2011 at the best rate available at a term not to exceed six months- with specific directions that if the rate variance for a three month investment is less than 1/10 of a percent to go with a three month term.  Weinkauf moved, 2nd by Bennett to approve the finance committee’s recommendations.  Motion carried. 
 
Bennett moved, 2nd by Johnson to adjourn at 9:42 p.m.  Motion carried
 
Respectfully submitted,
 
 
 
Betty J. Novy, MMC, CMTW, WCMC
Clerk-Treasurer

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