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January 12, 2009 Meeting Minutes
JANUARY 12, 2009 REGULAR BOARD MEETING 7:00 p.m.
Meeting was called to order by Gary Beck at 7:00 p.m. with Supervisors Paul Beere and Mike Weinkauf present.
Betty Novy, Clerk-Treasurer; Christopher Birkett, Public Works Supervisor; and John Tierney, Engineer; were also present.
Pledge of Allegiance.
Minutes. Mike moved, 2nd by Paul to approve minutes of the December 8, 2008 meetings as printed. Motion carried.
Paul moved, 2nd by Mike to approve January payables as recommended at the January 5, 2009 Consolidated Finance Committee meeting and the following additional disbursements. Motion carried.
Village General Disbursements:
Rochester Public Library Disbursements:
Betty reported the animal ordinance mailing went out December 18th with a request for responses by January 31st. Thirty responses listing animals kept at different addresses have been received to date. The ordinance will be up for further consideration at the February meeting. Also, it will be necessary for any new ordinances to be considered by the Consolidated Board of Trustees. The ordinance will ultimately need to be adopted by the Consolidated Board.
Sheriff’s Department. A written report was reviewed showing the following statistics for December: five accidents; nine speeding citations, three traffic citations, eight parking citations and seventeen warnings were issued. There were zero arrests. Complaint statistics were as follows: Thirty-three complaints originated through calls directly to the Sheriff’s Department; Deputy Castillo assisted with seven additional complaints, originated forty-six on his own and performed follow up on forty-seven. He reported twenty-six working days, 216.75 hours and 1,916 miles driven. Twenty-two foot patrols were conducted.
Deputy Castillo reported no major accidents due to snow. No snowmobile complaints have been filed to date. It was noted the height of snow piles west of State Street are making it difficult for drivers to see oncoming traffic. Christopher Birkett will arrange to have the snow hauled away.
Public Works Department. Christopher Birkett’s written report was reviewed as follows:
Birkett noted damaged roads in Rookery Landing did not get repaired prior to the snowplowing season due to early closing of the asphalt plants. The damaged areas have not caused any problems for plows to date. There was also question on whether the Kozelous’ progressed on getting neighbors to sign off on the easement that would allow them to place a driveway through a wetland area on their property (Rock Ridge Subdivision). It was noted a large pile of fill is still on the lot. Chris will follow up with Mr. Kozelou.
Engineering Report. John Tierney’s written report was reviewed as follows:
Applications for Kennel License Renewal: · Jim and Nancy Anderson, 28815 Washington Avenue: 23 terriers · Deedria Schaal, 31912 Academy Road: 14 miniature poodles · Dale Creek Gun Dogs, N6810 County Road DD: 60 various breeds
Birkett reported visiting all three sites. He found clean operations with all dogs healthy and active. He recommended renewal of all three licenses. Paul moved, 2nd by Mike to approve Kennel License renewals for Jim and Nancy Anderson; Deedria Schaal and Dale Creek Gun Dogs. Motion carried.
Heritage Acres/ Vista View Drainage Design Proposal: Baxter-Woodman Engineering
A project description was submitted by John Tierney. John estimated survey costs at $2,000, with design costs ranging between $2,500 and $3,000. Costs have not been finalized. Betty reported this expense will have to be authorized by the Consolidated Board of Trustees as it will be spent as part of the 2009 budget. John will have final costs ready in time to present to the Consolidated Board of Trustees at their meeting January 26th.
Ordinance #1-2009 establishing no parking areas on Evergreen Drive
The ordinance was drafted as directed at the September 8th Board meeting based on recommendations made by Deputy Prochaska and Christopher Birkett to control parking so that adequate access is maintained for all business owners and emergency vehicles when an overflow of vehicles is generated by events held at “The Bunker”, 29134 Evergreen Drive. Consensus of the Board was to refer consideration of this ordinance to the Consolidated Board of Trustees.
Period for Public Comment:
Darlene Geiser addressed the Board stating her continued opposition to the proposed animal limitation ordinance. She indicated intent to sell her 4.5 acres of land as an alpaca farm some day. She stated grandfathering limitations in the ordinance won’t allow a new owner to continue the use.
Gary moved, 2nd by Mike to adjourn at 8:06 p.m. Motion carried.
Respectfully submitted,
Betty J. Novy, CMC Clerk-Treasurer
FEBRUARY 8, 2009 REGULAR BOARD MEETING 7:00 p.m.
The regular Town Board meeting was cancelled due to an area-wide power outage and lack of quorum. It was rescheduled for Wednesday, February 11, 2009 at 7:00 p.m.
Submitted by:
Betty J. Novy, CMC Clerk-Treasurer
FEBRUARY 11, 2009 REGULAR BOARD MEETING 7:00 p.m.
Meeting was called to order by Gary Beck at 7:00 p.m. with Supervisor Mike Weinkauf present. Paul Beere was absent.
Betty Novy, Clerk-Treasurer; Christopher Birkett, Public Works Supervisor; and John Tierney, Engineer; were also present.
Pledge of Allegiance.
Minutes. Mike moved, 2nd by Gary to approve minutes of the January 12, 2009 meeting as printed. Motion carried.
Clerk-Treasurer. Betty reported on final property tax collections. Settlement with each taxing jurisdiction will be accomplished by February 20th.
Sheriff’s Department. A written report was reviewed showing the following statistics for January: three accidents; eight speeding citations, three traffic citations, five parking citations and nine warnings were issued. There were zero arrests. Complaint statistics were as follows: Nineteen complaints originated through calls directly to the Sheriff’s Department; Deputy Castillo assisted with three additional complaints, originated thirty-two on his own and performed follow up on thirty-two. He reported seventeen working days, 133.5 hours and 2,084 miles driven. Nineteen foot patrols were conducted.
Public Works Department. Christopher Birkett’s written report was reviewed as follows:
· Lift Station- Exercise valves and generator. Wet well grate numbers: the grate itself will run approximately $700. Installation $700 - $900 according to Maas & Sons.
· Roads- They are rough. Winter has been hard on them. Potholes on N. River will be done this week. Low snowfall this past month, we have had some drifting. Ridge Lane off of Maple will be a problem. I met with Scott Hough to address concerns about our snowplowing and some damage to resident’s mailboxes. No flooding during recent snow melt.
· Animal Control– Quiet month. Still working on set up.
· Visu-Sewer has sent video of televising lines. Nothing out of the ordinary in our unmapped line. Quality of footage wasn’t all that great. I have a call in to Randy Belanger. Additionally, Chris reported several considerations before the start of the next snowplowing season. Snow fence may be needed along Ridge Lane until the new subdivision fills in with homes. It may also be necessary to delineate road curves in the Fox River Prairie Subdivision so plow drivers can better identify the edge of the roads.
Chris also reported on problems with the lift station Monday night. Due to the power outage, it was necessary to hook up the generator in the Fox River Prairie lift station. Chris was notified by a neighbor that the power was out. He is investigating why the alarm dialer did not call.
Engineering Report. John Tierney indicated he would no longer prepare a separate written report for the Town as all open jobs have been consolidated with the Village. He will report on those at the Consolidated Board of Trustees meeting. John reported one inquiry regarding the Coyote Territory Subdivision’s letter of credit. The bank will be renewing it. He also noted the Village may want to look at the standard 80% built requirement specified in subdivision development agreements before subdivision improvements can be completed and accepted. With the downturn in the economy, this could cause developments to be active for many years before final sign-off.
Status and engineering cost report: Rookery Landing Estates
Betty reported an inquiry from Tom Foht, Kapur and Associates engineering firm. Foht asked for a meeting to discuss a limit to continued engineering bills from the Town on the Rookery Landing Subdivisions. Since initial paving was completed in December of 2006, engineering needs have been ongoing due to continued flooding of the road known as “Blue Crane Court” during heavy rain events. Standard practice is to pass Town engineering costs on to the developer. Foht is the developer’s engineer on the project. One of these bills was recently passed on to his firm. Foht’s concern is that drainage problems can be caused by blockage of a drain tile system in areas outside of the development. Foht feels there should be a limit to engineering review costs being charged to address the problem.
Written information from the Town attorney was reviewed. The developer’s agreement indicates the developer is responsible for any problems with “defective work, faulty design or workmanship” within one year of completion of the improvements. Efforts began in the Spring of 2007 to address flooding. As the developer was immediately notified of the problem, the one year notification requirement was met.
John Tierney reported $16,000 of engineering review costs on the development, of which $2,500 was for ongoing flooding investigation and trouble shooting. The development required $928,000 worth of public improvements. Construction oversight is typically 1.5 – 2% of the public improvement value. He does not feel review costs are out of line. The most recent efforts to re-direct water around Blue Crane Court appeared to be working during the last rain event. It appears as though the drainage issue is finally resolved.
Gary indicated the mission of the Town engineer is to protect the Town’s interest. He feels there should not be any set dollar amount to Town engineering costs. As long as a problem exists, the engineer needs to be involved. Mike reported similar sentiments noting that in the early planning stages of this subdivision, the developer‘s engineer indicated there would be no water problems. When concerns persisted, the developer indicated additional ponds would be installed. None of the additional ponds have been dug. Mike indicated he would not sign off on engineering costs until he is satisfied “Blue Crane Court” is not going to be a problem for the Town. He expects both the drainage system and roads to be in good shape before he will approve final acceptance of subdivision improvements. Consensus of the Board was to direct the Town attorney to draft correspondence to the developer, copying Tom Foht, reporting those sentiments. Applicable sections of the developer’s agreement are to be referenced.
Animal Survey Results; Ordinance #3-2008 to amend Ch. 7.30 “Hoofed Animals” to establish animal unit equivalents and associated acreage requirements
Betty reported 130 surveys sent to owners of parcels between two and five acres. The surveys inquired as to the type and quantity of animals held on the parcels. Forty-five surveys were returned. Many of the surveys reported no animals or a minimal number of cats and/or dogs. Based on survey results, the quantity of parcels that would be impacted by the proposed ordinance were reported as follows:
· Four parcels would need to be grandfathered because the type and/or quantity of animals they have would not qualify under the new ordinance.
· Three parcels do not comply with either the existing or proposed version of the ordinance.
· Four have adjacent parcels, owned by themselves or family members, that exceed the minimum acreage requirement where the ordinance takes effect.
The assumption was that those who did not respond did not have animals to report or were not concerned with proposed ordinance amendments.
Darlene Geiser addressed the Board regarding the proposed ordinance. She requested that grandfathering language be amended so that non-conforming livestock operations could be passed off to immediate family members. Gary indicated he does not object to language stating a natural born son or daughter, but would not extend it any further than that. Discussion continued as to the limited practice of utilizing parcels within this size range to keep livestock animals. Excluding those parcels with adjacent acreage putting them over minimum acreage requirements, only seven out of 130 parcels were impacted by the ordinance. It was also noted that each parcel has unique surroundings that impact whether or not the keeping of livestock animals negatively impacts other properties.
Consensus of the Board was to direct the Town Attorney to make the following revisions to the proposed ordinance:
· All livestock or non-domestic animals are to be prohibited on parcels between two and five acres.
· “Calculation of Animal Units” language is to be removed.
· Language allowing a “Special Exception Permit” should be retained so that anyone wanting to keep animals on a parcel this size can make application for consideration by the Town (future Village) Board based on their parcel’s unique characteristics. Permit applicability should be extended to allow the same type of exception to Town ordinance section 7.20 “Proximity to Dwelling of Others”.
· Grandfathering or “legal non-conforming use” language is to be retained and revised so that the use may be continued by a natural born son or daughter (direct descendent).
· Language is also to be inserted that exempts parcels with abutting parcels owned by the same individual, or members of the immediate family, to be counted towards minimum acreage requirements.
The Town Attorney is to prepare the revised ordinance for consideration by the Consolidated Board of Trustees.
Application for Kennel License to keep five dogs: Kathy Landeau, 20 N. River Road
Chris Birkett reported on inspection of the Landeau property. He found all dogs clean and healthy. The residence has a quarter acre fenced in area for the dogs. The applicant’s do not operate an official kennel, but recently acquired a rescue dog which put them over the Town’s four dog limit. Chris recommended approval. Mike moved, 2nd by Gary to approve a kennel license for Kathy Landeau to keep five dogs at 20 N. River Road. Motion carried.
Mailbox Replacement Policy
Chris reported processing a recent complaint regarding a mailbox that was damaged by snowplowing operations. The type of mailbox was very expensive. He requested that a policy be put in place to define what type of mailbox damage the Town will be responsible for and to establish a dollar limit for replacement. Several municipal and county mailbox replacement policies were presented for review. Consensus of the Board was to revise future snowplowing contracts to clarify that the snowplowing contractor is required to replace mailboxes directly hit with a plow with a standard U.S. mailbox on a 4” x 4” post. Language is to specifically exclude mailboxes hit by a furrow of snow.
Period for Public Comment: Gary directed Betty to invite surviving members of existing and previous Town Boards and Commissions to the March meeting of the Town of Rochester Board. This will be the Town’s last meeting before the new consolidated Village Board is elected. He also asked that refreshments be provided.
Mike moved, 2nd by Gary to adjourn at 8:06 p.m. Motion carried.
Respectfully submitted,
Betty J. Novy, CMC Clerk-Treasurer
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