Link to: May 23, 2011 Special meeting minutes
May 2, 2011
VILLAGE BOARD MEETING
7:00 p.m
Paul Beere called the meeting to order at 7:00 p.m. with Gary Beck, Ed Chart,
Chris Johnson, Bob Lancour, and Mike Weinkauf present. Chris Bennett 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 Johnson to approve the minutes from
the April 11, 2011 meeting. Motion carried.
Period for Public Comment. Pat Gerber, 412 N. State
Street, addressed the Board regarding the Community Garden’s proposed
installation of a point well for watering. She stated concern over
the village’s responsibility and liability for a point well and possible
contamination of other wells, noting she had proposed alternatives to the garden
group regarding possible use of a rain collection system or tank for watering.
Consensus of the Board was to refer this issue to the Public Works Committee for
further consideration.
Department Reports:
Sheriff. Deputy Castillo read a written report showing the
following statistics for April: three accidents; ten speeding citations,
four traffic citations, fifteen parking citations and ten warnings were issued.
There were two arrests. Complaint statistics were as follows:
fifteen complaints originated through calls directly to the Sheriff’s
Department; Deputy Castillo assisted with six additional complaints, originated
fifty-three on his own and performed follow up on thirty-two. He
reported twenty-one working days, 168 hours and 1,479 miles driven.
Twenty-five foot patrols were also conducted.
Additionally, Castillo reported on several thefts from vehicles, most of which
were unlocked. An individual who was found looking in vehicles along Maryl
Street was arrested. He noted a request from the Memorial Day Parade
Committee to close off traffic from Academy Road and Front Street was approved
for the event. Lancour reported a problem with several coon hounds barking
on Oak Knoll Road and also noted several junk cars on the Lawrence property.
Castillo will follow up on these issues.
Public Works. Christopher Birkett’s written report was
reviewed follows:
Lift Stations/ Sewer: Testing generators and maintenance of lift stations.
I am checking MH’s in our road project, compiling a list of repairs to be
addressed in conjunction with our road project. Wet well cleaning is
scheduled for this week.
Roads: Still working on specs and getting prices for maintenance and repairs on
the 2nd half of our projects. Still working on sign upgrades and brush cutting.
Potholes are caught up shoulder touch ups will be addressed over the next 2
weeks. I had a meeting with FEMA, went well.
Parks: Clean up is ongoing. Park fertilizing is completed, will be getting to
mulching and planting
Animal Control: Cat calls are still coming in, still working on kennel issue.
Storm Sewer: Sub-committee continues to meet.
Birkett reported no regular committee meeting this month. The mowing
contract with Forrest George has been finalized and he has cut a couple of times
already. Beck stated that Waterford High School will be locking the Case
Eagle ball diamond fields after they are groomed and lined on game days (until
the game begins).
Engineer. Tierney read his written report as follows:
Settlement of Rochester Condominiums: Attended Special Village Board
meeting. Reviewed private road standards and easement widths.
Stoneridge Subdivision Construction Services: Reviewed as-built detention
basin plans and calculated volume.
Stormwater Utility Feasibility Study: Wrapping up preliminary storm sewer
and tile atlas. Assigning customer classifications to properties.
2011 Municipal Engineering Services: Coordination with Zoning
Administrator and DNR regarding floodplain elevations along the Wind Lake Canal.
Met with DPW to review sanitary sewer manhole seal standards.
2011 Street Improvements: Preparing bid documents/ project manual.
Tasks pending: Obtain Digger locate for Rochester Street ditch and culvert
work at drainage canal bridge. Continue pavement measurements and project
manual.
Sanitary Sewer GIS Atlas: Collected sewer record drawings. Tasks
pending: Prepare GIS base and incorporate past maps.
Application for Conditional Use to operate a therapeutic equine assisted
riding center for children/ adults with disabilities at 2623 Maple Road
Owner/ Applicant: Jennifer Pape/ Willow Creek Ranch, Inc.
Parcel #176031904002010
Weinkauf and Schattner reported on Plan Commission review and recommendations on
this item. Beck moved, 2nd by Weinkauf to approve the conditional use
permit to operate a therapeutic equine assisted riding center for children and
adults with disabilities at 2623 Maple Road subject to the conditions
recommended by the Plan Commission and Zoning Administrator. Motion
carried.
Western Racine County Health Department Annual Report:
Cheryl Mazmanian, Director; and Andrea Jaeger, Public Health Nurse
Cheryl Mazmanian, Health Officer, reported the following information:
In fall of 2008, the Wisconsin Student Immunization Law requirement began a
phase in of an additional dose of tetanus, diphtheria, and acellular pertussis (Tdap)
and a second dose of varicella (chickenpox) vaccine. In 2008, our health
department encountered a 76 percent increase in immunization clients, with the
clinics remaining strong in 2009. Now in 2010, immunization clinics are
beginning to level off with a19 percent decline in clients from 2009. The
Wisconsin Student Immunization Law phase in will continue to include all grades
by 2013. In 2010, a special limited time only adult immunization promotion was
initiated featuring measles, mumps, rubella (MMR), varicella, Tdap, hepatitis A,
hepatitis B, and human papillomavirus (HPV) vaccines. Prior to this promotion
only hepatitis B and Tdap were offered to adults through the Health Department.
WEDSS (Wisconsin Epidemiological Disease Surveillance System) has been
implemented with great success, improving efficiency and communication between
primary care providers and public health. We are seeing a concerning rise in
chlamydia which is also reflected in nationwide trends. Hepatitis C, which is a
chronic liver disease transmitted through blood and body fluids, continues to be
prevalent. Typically follow up with these clients includes extensive education
on methods to prevent transmission and progression of the disease.
To help promote a healthy environment, the Health Department conducted two
medication collections collecting 368 lbs of uncontrolled medications, 23 lbs of
controlled substances; 232 residents were served. Health Department staff also
participated in a Clean Sweep for the Villages of Waterford and Rochester, and
Towns of Burlington and Dover where 13 pounds of narcotics and 150 pounds of
uncontrolled substances were collected. Also on July 5, 2010 the Smoke Free Air
in Public Places law went into effect. A first annual, low cost, Pet Vaccination
Clinic was held at Western Racine County Health Department in conjunction with
Country Side Humane Society with 68 animals receiving immunizations and 21 dogs
licensed.
A Racine County Childhood Death Review Team became firmly established in 2010,
using reports and data to advocate for actions to prevent child deaths and to
keep children healthy, safe and protected. The top three leading causes of death
in western Racine county are malignant neoplasms (cancer), followed by diseases
of the heart, and influenza/pneumonia.
The Health Department's 25th Anniversary was celebrated on September 25, 2010
with an open house health fair, prizes, and refreshments. Our community was
invited to have free blood pressure, vision, hearing, BMI (body mass index),
bone density, glucose, and AARP car fit testing completed. We feel privileged to
serve the communities throughout the years and look forward to the future.
Additionally, Cheryl reported receipt of $430,000 in grant funds to offset
operational costs of the department. Rochester’s per capita cost for the
health department was $5.46 in 2010. The per capita average cost in Racine
County was $6.37; and the per capita average cost for the State of Wisconsin was
$13.64. This year, the department is working towards meeting state
accreditation requirements.
Andrea Yaeger, Public Health Nurse specifically assigned to Rochester, addressed
the Board. She reported on environmental complaints and communicable
diseases particular to Rochester. There were 24 births in Rochester in
2010. The Board thanked Cheryl and Andrea for their report.
Consideration of an Initial Resolution Providing for the Issuance and
Sale of General Obligation Bonds: Resolution #2011-3 “Initial Resolution
authorizing the borrowing of not to exceed $1,075,000 and providing for the
issuance and sale of General Obligation Bonds”
A “Pre-Sale Report” and the authorizing bond resolution were reviewed.
Todd Taves, Ehlers & Associates, reported the resolution is the first step
towards competitive sale of the debt. Bids will be available for review at
the June 13th meeting; and funds are planned to be available the last week of
June or first week of July. Weinkauf moved, 2nd by Beck to approve
Resolution #2011-3. Motion carried.
Request for No-Parking Variance on Evergreen Drive for Memorial Day and
4th of July Activities: Steven Oschmann, Manager: “The Bunker”,
29224 Evergreen Drive
Beck moved, 2nd by Chart to authorize suspension of no parking
requirements on Evergreen Drive as requested subject to the Public Works
Manager‘s discretion in regards to keeping emergency vehicle access open.
Motion carried.
Work Order Amendment to the 2011 Street Improvement Project to add
re-grading the roadside ditch and adjustment of driveway culverts at 303 N.
Rochester Street: Baxter-Woodman Engineers
Tierney reported the referenced work was not included within the scope of the
original engineering service proposal. He reported an additional fourteen
hours of work will be required for field survey, engineering, DNR coordination,
and CAD drafting services to draw up plans and specifications for this work to
be included with the 2011 project. Chart moved, 2nd by Weinkauf to approve
to the amendment to original engineering work order for total costs not to
exceed $20,100. Motion carried.
Amendment to Parking Lot Landscaping Plan: 201 & 203 W. Main
Street; Owners/ Applicants: Community State Bank & Village of
Rochester
Weinkauf and Schattner reported on Plan Commission review and recommendation on
this item. Beck moved, 2nd by Lancour to approve the amendment to the
parking lot landscaping plan as recommended by the Plan Commission. Motion
carried.
Recommended revisions and possible adoption: Village of Rochester
Employee Manual
Atty. Nancy Pirkey’s review comments in her memorandum of April 11, 2011 were
reviewed. Novy reported amendments to the state’s collective bargaining
law required that all municipalities have certain workplace policies in place by
June 1, 2011. Adoption of this handbook with the recommended changes meets
those requirements. Beck moved, 2nd by Lancour to approve the Village of
Rochester Employee Manual subject to the recommendations of Attorney Pirkey,
with exception to health insurance and COBRA policies which are not applicable.
Motion carried.
2011 - 2012 Committee Appointments
Beere indicated he will confirm committee appointments at the June meeting.
2011 – 2014 Zoning Board of Appeals and Plan Commission
Appointments
Beere indicated he will have recommendations for zoning board and plan
commission appointments at the June meeting.
Correspondence was read from the Wisconsin Department of
Transportation including notice that PASER pavement ratings are due this year;
and the Department of Natural Resources announcing 2011 Recycling Grant amounts.
It is estimated that the Village will be receiving approximately $3,000 less
than last year.
Committee Reports:
Public Works Committee: Johnson reported the committee did not meet
in May. June 7th is their next meeting.
Ordinance Committee: Beck reported the committee is still working on
business zoning requirements. They will address signage issues at their
next meeting on May 16th.
Village Hall Building Committee: Novy reported committee meetings are on
hold until the contract with Anderson-Ashton is finalized.
Western Racine County Health Department: Bennett, Health Department
representative, was absent.
Honey Lake Protection and Rehabilitation Board: Weinkauf reported on
the April 19th meeting of the district board. He indicated a replacement
for previous Town of Spring Prairie Board member Bob McIndoe was appointed.
Don Trimberger will now hold that position. Two other members were elected
to the Spring Prairie Town Board in April: Don Henningfield and Tom
Bolfert.
Weinkauf reported on recently enacted DNR requirements that cause the district
to submit dam failure analysis reports every five years. The first was
performed in 2008 and engineering costs were about $6,000. The district
fixed some ice damage that had occurred to the dam this past winter, which was
followed by the DNR complaining that they had not consulted them or pulled a
permit. They are now requiring that a new dam failure analysis be
submitted. The district is working with the DNR on this.
Finance Committee Report: Beck reported the recommendations of the
committee to approve all disbursements listed on the check detail dated April
12, 2011 – May 2, 2011. They also recommended re-investing $20,000 of
public site certificate of deposit proceeds at the best rate available at a term
not to exceed six months; and to transfer the balance to the public site fund
money market account to ensure fund availability to pay for the rip-rip project
at Pioneer Park. Weinkauf moved, 2nd by Chart to approve the finance
committee’s recommendations. Motion carried.
Beck moved, 2nd by Johnson to adjourn at 8:20 p.m. Motion carried
Respectfully submitted,
Betty J. Novy, MMC, CMTW, WCMC
Clerk-Treasurer
MAY 23, 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,
Chris Johnson, Chris Bennett, Mike Weinkauf, and Bob Lancour present. Gary
Beck was absent.
Betty Novy, Clerk-Treasurer; was also present.
Review contracts with Anderson-Ashton, Inc. for architectural and
construction management services for the demolition of an existing building and
construction of a new Village Hall, and authorize the President and
Clerk-Treasurer to execute the Anderson-Ashton contracts
Board members were provided with copies of the contracts prior to the meeting.
Novy reported a petition for direct legislation had been filed that day, that
had not yet been certified, with 361 signatures that read “Prior to the start of
any physical construction of any municipally financed (in whole or in part)
project requiring a Village capital expenditure of $500,000.00 or more, the
Village Board shall submit to the electorate a binding referendum for approval
of the project. Failure of the binding referendum shall preclude the
Village from proceeding with the project. The wording of any referendum
shall provide the specific purpose, location and cost of the project.
Nothing in this provision shall be construed to preclude the Village from
exercising its role in planning or design of such publicly financed projects.”
Novy explained there are likely enough signatures on the petition as the statute
for this type of legislation requires 15% of the voter count at the last
governor’s election, which she believed to be 254. However, she noted the
form of the legislation was not phrased as an ordinance or resolution.
This is not correct and will be directed to village attorney for review as far
as validity.
Board members questioned whether this petition would restrict them from acting
on the construction management/ architectural service contract. Novy
clarified the petition means there might be issues in the future requiring
referendums for public construction projects. However, nothing in the
proposed legislation precludes planning or design. Part of the contract
before the Board is for architectural services. The contract is written in
such a way that it can be cancelled at any time. If cancelled, the Village
is only responsible for the work that had been done prior to that date.
The architectural part of the contract totals $28,500.
Novy continued state statutes dictate, if the petition is found valid, that the
Village Board either adopt the legislation within 30 days of certification- in
which case the Village Hall building project would have to be put to referendum-
or, if the Board chooses not to adopt it, the language on the petition would
have to be put to referendum at the next general election in April of 2012.
She noted the true impact of the petition will not be known until the Village
Attorney has the opportunity to review it; and the Clerk’s office can certify
the signatures.
It was clarified that the wording of the petition applies to any project costing
$500,000 or more and is not specific to the Village Hall building project.
Several Board members expressed concern in investing funds in design services
for the village hall with the potential of the project requiring a referendum to
proceed. Others were concerned about the impact this legislation would
have on the Village’s ability to fund any projects and questioned whether the
majority of people in the Village really felt that a binding referendum should
be necessary before the Village Board can invest in any project- including
roads.
Board members indicated they would not willingly pass this legislation because
they felt it would bind their ability to perform necessary work in the future.
They then discussed holding off on the building project and putting it to a
referendum next April.
It was questioned whether Anderson-Ashton would offer the same contract terms a
year from now. Consensus was, if an April 2012 referendum was positive,
the Village would have start with a secondary request for proposals at that
time. It was then noted that waiting for a referendum would delay the
project for two or three more years- maybe indefinitely.
Novy asked, if the Board chooses to delay the project, that they consider
investing in the current building to install handicap accessible restrooms.
She cited difficulty scheduling use of the library community room for meetings-
and the obvious sound issues in the room that effect the ability to hear while
operating the heating or cooling system during meetings. She
presented information on a previously solicited quote to install restrooms in
the current municipal building. The cost was approximately $31,000 but
noted this amount did not involve dealing with asbestos in the roof deck.
She noted environmental services would be needed to supervise penetration of the
decking to make sure the air pressure is right, etc., when securing new walls.
But, she also noted several of the deck tiles are cracked and broken- at least
one in an area where it is exposed (with no drop ceiling). This
portion of the roof is 60 years old. Another quote of $38,400 was received
for removing the roof decking material that contains asbestos. This does
not include the cost of replacing the roof deck.
Consensus of the Board was that they don’t want to put money into the current
municipal building.
There was question on whether residents who circulated and signed the petition
were familiar with the facts surrounding building issues. Bennett
noted the individual who stopped at his house did not know he sat on the Village
Board; or even how many members are on the Village Board.
It was noted that the original advisory referendum question was put to a vote
without an option to “do nothing” because the Village Attorney had advised the
Board that something must be done to address public meeting/ handicap
accessibility issues. And, the reason the option of remodeling the
existing village hall was not on the ballot was because the cost of remodeling
the existing facility for the Village’s long term use was considered
unacceptable by the Board.
Beere stated he understands concerns about the current economy, but residents
have never been able to agree that there is a good time to spend the money.
The Village has been trying to build a new facility for decades- there must have
been some good times in there.
Weinkauf moved, 2nd by Bennett to delay consideration of the contract with
Anderson-Ashton until the petition for direct legislation is reviewed by the
Village Attorney. Motion carried.
Appoint primary contact and discuss size and structure of ad hoc
Building Committee in relation to village hall building design phase with
possible consideration of appointing a subcommittee or specific individuals to
that task
Consensus of the Board was to table this issue until the contract issue is
decided.
Discuss acceptance of condominium association and bank preferences
regarding infrastructure improvement options for completion of “The Settlement
of Rochester” condominium development.
Novy reported on her and Beere’s attendance at the condominium association
annual meeting for “The Settlement of Rochester”. Options for completing
the development until another developer takes over the project were presented to
condominium owners and Equitable Bank representatives as follows:
· Option #1 was to address only
what is needed to finish the areas of the development that have already been
improved with roads and utilities.
· Option #2 included what is
needed to finish the improved areas of the development; and improvement of road
and drainage facilities adjacent to platted condominium units 83 & 84. The road
was not paved far enough to serve these units. This creates a cost concern for
the condominium association because they are responsible for roads within the
platted condominium area.
· Option 3 included what is
needed to finish the improved areas of the development; and installation of the
remaining public sewers.
· Option 4 included what is
needed to finish the improved areas of the development; and improvement of road
and drainage facilities to connect Oak Hill Circle to Millgate Drive. This was
listed as an option because the Village initially required that connection to
provide alternate access for both Millgate and Settlement.
· Option 5 required installation
of all outstanding improvements.
Novy reported subsequent communication between herself, the association
president, and a representative from Equitable Bank indicated agreement to
complete option #2. The Village would only require written acceptance of
this option and release of any financial liability, as far as the financial
guarantee goes, from both parties.
Bennett moved, 2nd by Chart to accept the condominium association and bank
preferences to complete option #2 contingent on written acceptance of the
improvements and release of any financial liability by the Village. Motion
carried.
Bennett moved, 2nd by Johnson to adjourn at 7:40 p.m. Motion carried.
Respectfully submitted,
Betty J. Novy, MMC, CMTW, WCMC
Clerk-Treasurer
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