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TOWN OF ROCHESTER Link to Town Board Meetings
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Link to Town Board Meetings |
September 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. Attorney William Phenicie and Betty Novy, Clerk, were also present. Wayne moved, 2nd by Nancy to approve minutes of the August 13, 2001 regular board meeting as printed. Motion carried. Gary moved, 2nd by Nancy to approve September disbursements as presented. Motion carried. Treasurer's report was postponed to the end of the meeting. The Treasurer had not yet arrived. Developer's Agreement: Fox River Prairie Subdivision. Mike Doble appears on behalf of Golden Fields Development. He indicates the developer did not review the agreement yet; it is not ready to be signed. Final plat of the subdivision has been sent to the State for review and construction drawings are 80% complete. The developer has decided to bid the lift station project privately. He is able to incur substantial cost savings this way. Doble hopes to have details of the developer's agreement worked out before the October 10th meeting, and asks if construction could begin October 15th if the agreement is executed at that time. There is some discussion that construction does not normally begin until final plat approval is obtained. Attorney Bill Phenicie reports the first draft of the developer's agreement was done in May. The Town engineer made several small changes which were incorporated into the document. The Developer needs to get back with comments. Doble asked to be put on the October agenda. Oaks & Jung Gravel Pit Agreement Compliance issues. Wayne reports several terms of the agreement dated October 4, 2000 have not been complied with. Those include: · maintaining the driveway in a dust free condition (the agreement calls for an asphalt driveway within one year of the agreement date- only blacktop chips have been put down to date); · warning signs on the exterior fence have not been installed; · there has been no compliance on removal of noxious weeds; and · replacement of the northern most driveway culvert from 15" to 36" has not yet been done. A letter issued August 2nd by the Town Attorney informed Oaks of these violations. In response to the letter, Oaks indicated he would comply with warning signs by 8/25 and destroy noxious weeds. An attempt was made to clear brush one weekend, but equipment was loaded that Monday never to return. Other agreement terms of providing an aerial photograph and several landscaping changes have not been accomplished; although a driveway plan was recently submitted. Attorney Phenicie indicates concern that submittal of a driveway plan may indicate intent not to replace the culvert until the driveway plan is executed in complete. Wayne reports six to eight feet of dirt was removed to form a water retention pond which was verbally promised by Oaks, but then equipment disappeared. Dirt has been piled into a drainage area. Since then, weather conditions have caused the area to fill with water making completion of the project unlikely this year. To date, terms complied with are provision of a restoration bond, road alignment plan, hours of operation limitations and equipment limitations. Attorney Phenicie indicates, by default of agreement, a temporary injunction could be placed against Oaks that would halt operations on the property until all terms are complied with. He further explains the first course of action would be to demand operations be ceased under a temporary restraining order unless the situation is remedied within 10 days. Gary questions how an order to cease operations would be enforced. Phenicie responds contempt of a court order is punished by monetary fines or incarceration. Gary indicates both Oaks and Jung agreed to these terms, but have not made any attempt to follow through on them. Gary moved, 2nd by Nancy to authorize Attorney Phenicie to take whatever actions are necessary to enforce terms of the October 4, 2000 agreement with Oaks/Jung Gravel Pit. Motion carried. Conditional Use Application; N7254 Honey Creek Road: to construct a wireless telecommunications service facility consisting of a 180' tall lattice tower with an 11 x 24' support structure to be located within a 50' x 50' lease area: Mike Bienich, Site Acquisition Consultants (S.A.C.) for William and Loretta Gendrich. (Parcel #03-19-06-006-002- 41.52 acres). Mike reports he spoke with Payne and Dolan. They are unable to locate the tower on their property due to new mining regulations and conflict with restoration plans they recently finalized. Correspondence is provided from them to that effect. He also spoke with Jordan Kopeck, owner of I.P.S. (International Production Specialists), who showed no interest in locating a tower on the property. Mike clarifies a previous comment citing "environmental concerns" with the I.P.S. site as follows: S.A.C. does not consider sites where even a potential exists for contamination. He further describes the only potential location on the I.P.S. site as being closer to residents of Honey Creek and the road, but behind a building. He continues that alternative sites were discussed in April. At that time, the Gendrich site was considered an appropriate location for a tower. S.A.C. went forward seeking necessary approvals based on this discussion. The Town Plan Commission recommended approval of this site at its August meeting. Mr. Kopack is present. He indicates his business is constructing tanks. All tanks situated on the grounds are empty. He takes exception to the "environmental concerns" statement expressed by S.A.C. He indicates his company spent nearly $40,000 on an environmental study which found the site to be free of contamination. Mike explains that when S.A.C. approaches potential sites, tanks and barrels on a property are interpreted as a potential problem. They do not pursue these locales. Nancy expresses concern that locating this tower on the Gendrich site could cause problems in the future if Mr. Gendrich ever wishes to subdivide his land. Wayne indicates the I.P.S. site should be considered as it is farther away from residential development than the Gendrich site, and has been found to have no environmental concerns. Mike explains again that the Gendrich site was considered an appropriate location in April. Based on that judgement, S.A.C. went forward obtaining necessary approvals. S.A.C. has invested their client's money in this site. This site meets all requirements. Wayne states S.A.C. did not explore other sites the Plan Commission had suggested. Mike states S.A.C. has a legitimate site and a lease signed at the Gendrich location. Previous verbal conversations with Jordan Kopeck indicated I.P.S. was not interested in tower location. The Town Planning Board indicated the Gendrich site was an appropriate location. Attorney Phenicie interjects with information that the Telecommunications Act of 1996 prohibits the Board from complete denial of any tower location. However, the burden is on S.A.C. to prove they have no other viable site on which to locate a tower. The Board could dispute this stating they have a property owner who is willing (I.P.S.). If S.A.C. comes back with lease payment requirements from I.P.S. that are excessive… or if they are able to prove environmental issues exist which make I.P.S. an inappropriate site, the Gendrich location may have to be approved. At this time, the Board does not know if S.A.C. can negotiate a lease agreement with I.P.S. He suggests S.A.C. voluntarily investigate the I.P.S. site, rather than force the Board to take action on the Gendrich location tonight. Mike explains his client already spent $50,000 towards research and necessary approvals on both the Arnouts and Gendrich site. He estimates it will take another $20,000 to investigate locating on the I.P.S. site. He further explains a western location is better for their needs in completing coverage. Investigation of the I.P.S. site will cause another six month delay, they will have to complete an environmental study and refile with the F.A.A. for site approval. If anything comes back negative, it will become a mute location. Kopack indicates he does not know anything about locating a tower on his property, and cannot commit to say whether he is agreeable to it at this time. Jeffrey Arnouts is present in the audience. He indicates S.A.C. was directed by the Town Plan Commission to explore credibility of other sites. They also indicated preference for a location east of the railroad tracks. S.A.C. did not contact Reesemen (Payne & Dolan) or Kopack (I.P.S.) in response to their direction. Phenicie puts the question to Mike, whether he would voluntarily agree to table this issue for another month to discuss this issue with I.P.S. He agrees. Gary moved, 2nd by Nancy to table this issue until the October meeting. Motion carried. Attorney Phenicie counsels the Board that when action is finally determined, site denial must be issued in written form. If and when a decision is made to deny a site, he suggests a motion to table the item for the Attorney to prepare written findings of fact for action at the next meeting. 2002 Police Services Contract presentation: Captain Greer, Racine County Sheriff's Department. Capt. Greer apologizes that Sheriff McReynolds is unable to attend. He is out of town. A contract is presented showing an hourly rate of $37.28 for one deputy. Mileage is billed at .35 cents per mile. Contract services allows the Sheriff's department to enforce local ordinances. It is explained that should situations occur which fall under local ordinance during routine coverage by the Sheriff's department, complaints would be referred to the sheriff's deputy assigned to Town of Rochester coverage for follow up. Contract services can be executed in several ways- some communities put a cap on how much they want to spend. Others may contract for a certain number of shifts. One deputy working a full time contract would cost $67,098.80 and be available 225 eight-hour shifts for a total of 1800 service hours during a year. The Town of Dover caps their amount at $4,000 a year and takes care of ordinance violations on a case by case basis. If traffic violation coverage is desired, the Town would have to contract for shift coverage. At any time, the Town could increase coverage by entering into a contract to provide such. Comparisons are offered as follows: Town of Dover provides $4,000 annually; Town of Raymond, $2,000; Village of Rochester contracts for shift coverage at an approximate $11,000 cap. Gary would like information on how a $20,000 cap would break down into hours and asks Capt. Greer to provide additional information on how other municipalities contract for the Board's consideration. Consensus of the Board was they would like to see this put in the budget for 2002. Plat Review; Washington Avenue: Third addition to Rochester Cemetery: Gary Schrader for the Cemetery Association (Parcel #03-19-03-031-000- 9.84 acres). Gary S. reports the cemetery is down to about 20 open graves, most of these single. They are working on reclaiming lots which have not shown activity for 100 years, but this process will take at least a year. The last addition to the cemetery was in 1885. The Plan Commission recommended approval. Wayne moved, 2nd by Nancy to approve the addition. Motion carried. J.D. Trucking and Landscape: 2001-2002 Snowplowing proposal. Jim reports he got final okay on salt allocations two weeks ago. He has 300 tons of salt available and secured. He proposes use of a sand/salt mix. He indicates use of this mix on Village roads last year and suggests this mix is better for roads than straight salt. He further explains that sand draws material out of salt and stops the coagulation of it turning into a solid mass. Salt getting into cracks in the road freezes, buckles the road and causes damage. Nancy questions who would handle plowing if Jim got sick. Jim explains his wife is very involved and can cover every aspect of running the business. Gary asks Jim to provide a list of available equipment and that this issue be placed on the agenda for next month. Conditional Use Application; N. River Road: to raise reinforced concrete wall by four feet on existing 100 foot tank and install aluminum dome to replace fiberglass dome that collapsed in January 2001 -Western Racine County Sewerage District (Parcel #03-19-14-019-000). The Plan Commission recommended approval. Gary moved, 2nd by Wayne to approve raising the wall four feet. Motion carried. Extension of time period for application of final asphalt surface: 2nd phase Camelback Farms. The Hurley's question the Town engineer's assessment of repairs required to the road base before the final asphalt surface is installed. They have hired their own engineer for a second opinion. They also have a problem with the "80% built" requirement before applying the final asphalt surface on the 2nd phase. The engineer recommends the letter of credit be extended one more year at $88,000 until the subdivision is finally accepted by the Town Board. Gary moved, 2nd by Nancy that the Hurley's show proof of extension of the letter of credit by September 30th and that the 2nd layer of asphalt be applied by the time period determined by the Board and Town engineer. Motion carried. Clarification of the 80% requirement will be obtained from the Town engineer. Recommendation of Plan Committee to send to send representative to "Planning for Watershed Sensitive Development" program September 13-14, Racine Marriott. No one is available to attend. Gary moved, 2nd by Wayne not to send a representative. Motion carried. Set date for Library and Fire Department Budget proposals. A tentative date of Monday, September 24th at 7:00 p.m. was set. Operator's License Renewal: Jolene D. Thomas (Hitch 'n Post). Gary moved, 2nd by Nancy to approve the renewal. Motion carried. Treasurer's Report. As the Treasurer was absent, the Clerk read the report as follows: TOWN GENERAL FUND BALANCE: $ 16,607.22 TOWN MONEY MARKET BALANCE: $271,081.68 PARK AND RECREATION BALANCE: $ 20,789.55 HONEY LAKE FUND BALANCE: $ 14,018.17 TOWN ROAD FUND BALANCE: $ 40,074.91 SEWER UTILITY GENERAL BALANCE: $ 26,892.27 SEWER UTILITY MMA BALANCE $ 41,809.48 SEWER UTILITY CD'S $138,873.73 Public Comment: There was none. Gary moved, 2nd by Wayne to adjourn at 9:30 p.m. Motion carried. Respectfully submitted, Betty J. Novy, September 10, 2001 ROCHESTER SEWER UTILITY DISTRICT #1 BOARD 9:30 p.m. Meeting was called to order with Gary Beck, Wayne Schrader and Nancy Klemko present at 9:30 p.m. Betty Novy, Clerk, was also present. Review of Sewer Lateral Policies. Correspondence from John Garstecki and copy of correspondence from Western Racine County Sewerage District was reviewed regarding removal of a clog in that part of Mr. Garstecki's lateral which runs under the Town road right of way. Question was made as to whether the Town is responsible for sharing costs on the repair. Consensus of the Board was to have a video made of the lateral reviewed by the Town Engineer. A special Sewer Utility District Board meeting should be scheduled at 7:00 p.m. before the Town's regular meeting in October. Discussion of Development Standards in the Sewer District. A recent land division proposal for parcel numbers 03-19-11-001-000 and 03-19-11-021-000 (approximately 84 acres) was received by the Plan Commission. This land falls in the sewer district. The Plan Commission seeks direction as to whether provision of sanitary sewer hook up should be required as a condition of approval. Gary moved, 2nd by Nancy that if a development is in the sewer district, it should remain in the district. Sanitary sewer hook up should be required in order to follow the Sanitary Sewer Study adopted as a guide to encourage orderly development within the district. Motion carried. Gary moved, 2nd by Wayne to adjourn at 9:45 p.m. Motion carried. Respectfully submitted,
Betty J. Novy, Clerk September 24, 2001 FIRE DEPARTMENT AND LIBRARY BUDGET PROPOSALS Meeting was called to order with Nancy Klemko, Wayne Schrader and Gary Beck present from the Town Board; Dean Stapleton, Dennis Saunders, Jim Henning, and Roger Kieffer present from the Village Board. Chris Denman (Village Trustee) arrived at 7:10 p.m. Bill Weidert (Village Trustee) arrived at 7:15 p.m. 7:00 p.m. Rochester Volunteer Fire & Rescue Company budget proposal. Frank Price, Fire Chief, and Mike Kempken, Treasurer, appeared representing the Fire Department. A proposed budget was presented for July 1, 2002 through June 30, 2003 detailing $69,650.00 worth of expenditures and $5,100.00 of anticipated income. Several items were gone over. Frank reported a need to budget for new pagers in the equipment category over the next couple of years. Overall budget figures represent an approximate 7% increase from the previous year. It was clarified rescue revenues and expenses are not reflected in this budget. That is a self-supporting activity of the Fire and Rescue Company. If interested, Board members were invited to the Firehouse after the meeting to view the new ambulance. Frank and Mike were thanked for their time. Shirley Degner (Village Trustee) arrived at 7:35 p.m. 7:35 p.m. Rochester Public Library budget proposal. Jane Babik, Beverly Jensen, Roxanne Maas and Cara Rogers were present as Library Board members. Mary Stapleton, Library Director, and Julie Campbell, “Friends of the Library” member, were also present. Mary began by presenting usage numbers. In comparison to 2000, all 2001 numbers including overall circulation, “in house” usage of materials and program participation continue to increase. Jane Babik, Library Board president, went through the 2002 proposed budget line by line, explaining surplus created in this year’s budget through unexpected extension of the T.E.A.C.H. grant. This surplus will be used to establish a contingency fund for upcoming automation costs and also allow purchase of some child-size furniture for the community room. Rochester is one of the few libraries in the Lakeshore’s System which has not yet automated. This will be required within the next two years. An increase in the wage category provides for opening on Sundays from 1:00 p.m. to 4:00 p.m. during winter months and standard wage increases for staff members. Overall, the budget proposes a 24% increase in budgeted expenditures from 2001. This increase is offset by increased revenues from a LLS Resource Grant and Excess Cash Balance applied from last year’s budget. Both Village and Town contributions experience a 14.4% increase. Those present were thanked for their presentation. Meeting adjourned at 8:30 p.m. Respectfully submitted, Betty J. Novy, Clerk |