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TOWN OF ROCHESTER Link to Town Board Meetings
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Link to Town Board Meetings |
December 10, 2001 REGULAR BOARD MEETING 7:30 p.m. Meeting was called to order at 7:30 p.m. with Gary Beck, Wayne Schrader and Nancy Klemko present. Colleen Holder, Treasurer, and Betty Novy, Clerk, were also present. Wayne moved, 2nd by Nancy to approve minutes of the November 12, 2001 meeting as printed. Motion carried. Wayne moved, 2nd by Gary to approve December disbursements. Motion carried. Treasurer’s Report. Colleen read as follows: General Fund Balance $70,150.20 Town Money Market Balance: $129,316.90 Park and Recreation Balance: $23,220.74 Honey Lake Fund Balance: $14,114.98 Town Road Fund Balance: $40,626.94 Sewer Utility General Balance: $19,919.55 Sewer Utility Money Market Balance: $42,098.22 Sewer Utility CD’s: $140,570.62 Clerk’s Report: Betty reported Gary Chart turned in Town belongings and keys. He has decided it is not beneficial to continue working with the Town on a subcontractor basis. Consensus of the Board was to send a letter thanking Gary for his years of service. Betty also reported Final Plat approval for the Fox River Prairie Subdivision will be on January’s agenda. Sheriff’s Department Report: Sgt. Bob Kacmarcik introduced himself as communications officer for the Racine County Sheriff's Department. He indicated his role will be primary contact for administration of the law enforcement contract. He will review Town ordinances to suggest helpful revisions. The Board will then need to decide which revisions are acceptable. A court system will need to be set up and a bond schedule established. The Town can use the State Bond book for citations or establish their own. How citations are written will have to be specified in Town ordinances. Deputy Matt Prohaska will be assigned to the Town. Deputy Brian Zimmermann was present. Brian will be supervising Matt and helping out with this process. A system will need to be developed to refer complaints to the deputy. A tentative meeting date was set for Wednesday, December 19th at 4:00 p.m. to go over ordinances with the Town Board and Town attorney. Gary asked whether the deputy will need a desk and office space. Sgt. Kacmarcik indicated a desk, access to a computer and telephone will be necessary. Charles Haubrich, 33343 Academy Road, questioned how citations will be processed and whether Rochester will require a municipal judge. Citations will most likely be processed through Circuit Court at the Burlington Police Department. Deputy Zimmermann indicated if court system arrangements are not in place by January, the Deputy can start by meeting with citizens, businesses and identifying potential problems before issuing citations. Sgt. Bob indicated the goal is always voluntary compliance with ordinances. Deputy Prohaska will not shy away from the citation process, but he will first attempt to achieve voluntary compliance. Pat Hurley questioned whether the deputy will go out looking for violations, such as junk cars, etc. vs. just responding to complaints. It is clarified the Deputy's primary response will be directed towards complaints. Completion Bond or Cash Deposit Requirements on New Construction. Jim Deluca, Building Inspector, indicated many communities are requiring cash deposits at the time of building permit issue that are refundable upon completion of certain items by ordinance. Items of completion most typically are on the occupancy permit punch-list, or erosion control and ditch completion requiring any property be properly landscaped and any ditches or culverts damaged during construction be repaired or replaced before return of the deposit. Some communities deduct 5-10% administrative fees. An ordinance needs to be in place which defines what the bond can be lost for. The occupancy deposit ensures utilities are up and running and minimum building standards are met before occupancy takes place. A new homeowner would forfeit an Occupancy Deposit if they moved in before the occupancy permit was issued. A municipality generally holds an erosion control and ditch deposit until such time as adequate ground cover is established. A two-year maximum limit could be established, at which time if landscaping is not in place the Town could use those funds to accomplish that task for the property owner. Gary Beck indicated the biggest problem for the Town is construction vehicles pulling through ditches and damaging culverts. Jim indicated cash deposit requirements create good leverage to get things done or repaired. Interest earned on monies can stay with the municipality. Cash Deposit amounts are over and above the cost of a building permit. Jim further explained a cash deposit requirement is an effective tool allowing municipalities to force compliance without investing any money or an exorbitant amount of time in the process. Jim indicated this concept is becoming very popular among municipalities. Gary indicated the Town last had the Town attorney look at this in April of 2000. He suggested Jim contact Attorney Phenicie and work out a draft ordinance that is simple, yet protects the Town and residents. Pat Hurley suggested an appeal process be written that allows a property owner to petition the Town Board for an exception, if the situation warrants it. Culvert Permit and House Number Installation. Jim indicated his willingness to perform these two duties in conjunction with building inspection activities. In regards to addressing, he suggested the Town either create or modify an existing ordinance that gives specification as to display of house numbers. He also indicated a need to specify whether house number materials may be given to the house owner to erect, or whether the building inspector would be required to install them. He suggested a requirement be made that house numbers be temporarily displayed prior to footing inspection. He also suggested requiring the house number be posted in a permanent location by final inspection, with proper sizing and color contrast requirements met. Consensus of the Board was to start charging house number assembly costs on new construction building permit applications. Jim explained culvert specifications shall be sized by the upstream culvert and never downsized unless at the peak or crest of a ditch. When culvert size is questionable, Jim Schilling, Town Engineer, should be consulted. Minimum Insurance Requirements for Subcontractors. Betty reported recommendation by the Town’s insurance carrier to establish minimum insurance requirements for subcontractors at $500,000 per occurrence, $1,000,000 aggregate (umbrella coverage) for any sub-contractors working for the Town. Gary moved, 2nd by Wayne to adopt those minimum amounts. Motion carried. J.D. Trucking & Landscape: Road Maintenance Proposal. Jim Dignin presented a proposal as follows: 1. Install any or all street signs, sign posts. 2. Inspect all culverts from new building construction for proper size and installation. 3. Inspect all projects, before during and after construction such as paving, culverts and shouldering to make sure that all contracts are done to Town Boards specifications, and work with the Town engineer whenever needed in the field or in meetings. 4. Emergency response 24 hours a day, 7 days a week for down trees, signs and emergency disaster help. 5. No limit to number of times service is used per month 6. Cost for this service is $100.00 per month, includes all labor and machine time. Any and all materials are extra. Jim explained emergency response as taking care of any immediate problems. Any materials would be billed at cost. In case of such an event, the next day he would call the Town office, explain any situation and request authorization for additional work, if needed. Wayne indicated the Town needs someone to drive the roads looking for potential problems and/or hazards. Board consensus was items number two and three would fall under the duties of the Building Inspector and Town Engineer, therefore it is not necessary for Jim to perform them. However, they would add an item specifying that Town roads be driven once a week and inspected for hazards and/or sign damage, etc. Gary moved, 2nd by Wayne to enter into a contract with J.D. Trucking and Landscape for these services, with deletion of items two and three and addition of weekly inspection of the roads. Motion carried. 2002 – 2003 rates. Jim presented new rates for the upcoming season for any Town work (excluding snowplowing). The "per man" hourly rate will be lowered to $27.50. Other per hour rates range from $40 to $55 per hour based on what equipment is being used. All materials are to be reimbursed at cost. Jim explained these rates will affect ball park maintenance charges the most. Wayne moved, 2nd by Nancy to accept the new rates through December 31, 2003. Motion carried. Subdivision Ordinance Committee Appointments. Charles Haubrich and Bob Willard presented the following list for committee appointments: Julie Anderson, Wayne Schrader, Dennis Crombie, Jane Babik, Bob Willard, Pat Hurley, Charles Haubrich, Rhoda Runzheimer and Ed Stone. Gary moved, 2nd by Nancy to approve the appointments as presented. Motion carried. Plan Commission Appointments. Gary reported a misconception by the clerk that all Plan Commissioner terms were up this year. After further research, the Clerk clarified all appointments are due to end in December of 2002. Town Ordinance specifies Plan Commission terms be staggered. That practice has been strayed from. All commissioners are currently on the same appointment schedule. Gary indicated a preference to get back to staggered terms. Replacement for Don Eckert shall be appointed to a three-year term, beginning with next month. Next year, when remaining Plan Commissioners are appointed, terms shall be staggered once again to make the adjustment. Resolution 7-2001 setting the 2001 Tax Levy. Nancy moved, 2nd by Gary approve. Motion carried. 2002 Road Projects. Gary directed the Clerk to contact Jim Schilling, Town Engineer, for 2002 project recommendations and ask that he be present at the January meeting. Equipment Storage Options. Storage rental costs for “All-Storage” in Waterford were presented as follows:
Wayne indicated he had an approximate 12’ x 12’ space in his barn, but that it is not plowed in Winter. He would offer that for storage if agreeable, but would like Board members to look at it first. Gary indicated Wayne should be compensated for that space, regardless of whether he is a Town Board member or not. Wherever storage takes place, the Town will have to pay a rental charge. Gary will visit Wayne's barn to see if storage conditions are adequate. This item is to be on next month's agenda. Denial of Conditional Use Permit: Construction of 180’ Self-Supporting Lattice Tower and a 9’ by 13’ equipment shelter in a 50’ x 50’ leased area, 35308 Fairview Street, Honey Creek, 014-03-19-06-006-020: Primeco Personal Communiciations Ltd. D/B/A Verizon Wirless (Arnouts location). Gary moved, 2nd by Wayne to deny the permit as another location has been approved. Motion carried. Public Comment: Jim Dignin indicated several locations where snow removal might become a problem. On the end of Langmaid Street, a lot of vehicles are parked on the road way and a dumpster is placed on the end of the street. American Power Equipment and Rental parks equipment on the end of Evergreen Street. Jim will talk to property owners about snow removal arrangements. Wayne moved, 2nd by Nancy to adjourn at 9:50 p.m. Motion carried. Submitted by: Betty J. Novy
Meeting was called to order at 9:50 p.m. with Gary Beck, Wayne Schrader and Nancy Klemko present. Colleen Holder, Treasurer, and Betty Novy, Clerk, were also present. Determine appropriate quarterly rate for Lynch Truck Center. In absence of a flow meter, several alternative methods were discussed to determine the rate. Concern was recently expressed by the Town's Sewer District representative suggesting increased flows may be caused by truck washing at the center. Consensus of the Commission was to base quarterly unit charges on the number of urinals, showers and wash bays. This totals 14. Based on $66.00 per unit per quarter, the charge was set at $924.00. The Treasurer is to send Lynch a letter informing them of the rate. Meeting adjourned at 10:00 p.m. Submitted by: Betty Novy December 19, 2001 SPECIAL BOARD MEETING 4:00 p.m. Meeting was called to order at 4:10 p.m. with Gary Beck, Wayne Schrader, and Nancy Klemko present. Atty. Bill Phenicie, Atty. John Hotvedt, Sgt. Bob Kacmarcik, Racine County Sheriff's Department, and Betty Novy, Clerk, were also present. A list of items to be addressed for implementation of the 2002 law enforcement contract was presented by Sgt. Kacmarcik as follows: Chapter II Form of Citation. The uniform citation forms fit parameters of information required by Town ordinances so no changes are necessary. Section 2.20 schedule of deposits. Using state bond book, county schedule or Town Schedule? Attorney Phenicie will draft a resolution adopting State and Municipal bond schedules for the January regular meeting of the Town Board. Section 2.30 Enforcement Officials. Sgt. Kacmarcik asked for contact information for the Town Building Inspector. This will be provided. Chapter IV Section 4.01 "Street"… for enforcement purposes, the paved portion of the roadway. Sgt. Kacmarcik explained there is sometimes question, when issuing parking citations, as to whether "street" means the paved portion of the road or whether this includes the gravel shoulder, etc. This will have to be better defined. Chapter VI public nuisances, section 6.01 right to farm, 6.11 definition of nuisances and 6.12 all animals running at large are clearly written and easily enforced. Chapter VIII Animals Fowls and Birds. The enforcing officer will need a list of kennel licenses. The Town will need to make arrangements for confinement of stray animals with either Norway or Waterford. Section 7.7c3 should be amended to read $50.00 (currently $5). Chapter XV Cabaret Licenses. The enforcing officer will need a list of licensed establishments. Chapter XX Orderly Conduct. The Town Attorney felt the ordinance is written in a way that is easily defensible. It was determined no changes were necessary. Section 20.30 Obedience to officers. "Constable" wording should eventually be eliminated. Elimination of the constable position was discussed. Attorney Phenicie indicated this will have to be done at an Annual meeting to be effective for the next term. State traffic codes. Attorney Phenicie will draft ordinances adopting these codes for the Town. The first reading can be waived and the ordinance adopted right away at the January meeting. Sgt. Kacmarcik is working out court schedules with Lori Goodwin, Racine County Circuit Court. The Burlington Police Department Circuit Court location will be utilized for initial hearings. There was discussion on how best to schedule shifts of the deputy. The Board indicated a preference it be on a rotational basis, with no set pattern. It was suggested notice be given to residents to inform them a deputy will be on duty for 2002. The Clerk will prepare one for distribution during tax collection. Gary questioned how best to handle traffic situations in Honey Lake, since the residential area is served by private roads and State traffic codes are not enforceable on them. It was suggested a "Disorderly Conduct with a Motor Vehicle" ordinance be drafted to handle potential problems. Sgt. Kacmarcik is working with Sheriff McReynolds on housing a squad car in the Public Works garage on Academy Road. The Clerk indicated the Fire Station may be an alternate location. She will contact both the Fire Department and Village Board about this. Gary asked that Deputy Prochaska be formally introduced at the January regular meeting of the Town Board. Sgt. Kacmarcik indicated he will be there. Meeting adjourned at 5:00 p.m. Submitted by: Betty J. Novy |