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TOWN OF ROCHESTER Link to Town Board Meetings
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Link to Town Board Meetings |
November 12, 2001 REGULAR BOARD MEETING 7:30 p.m. Meeting was called to order 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 October 8, 2001 and October 22, 2001 meetings as printed. Motion carried. Nancy moved, 2nd by Gary to approve November disbursements. Motion carried. Treasurer’s report. Colleen reported the following balances: Town General Fund Balance: $19,980.58 Town Money Market Balance: $154,023.93 Park and Recreation Balance: $22,177.41 Honey Lake Fund Balance: $14,087.62 Town Road Fund Balance: $40,444.11 Sewer Utility General Balance: $20,330.59 Sewer Utility MMA Balance: $42,016.60 Sewer Utility C.D.’s: $140,570.62 She also indicated sewer flow and resulting treatment bills have gone up considerably since Lynch Truck Center opened. The Building Inspector suggested runoff from vehicle washing is most likely entering the sewer system through building drains. There was question as to what would be an appropriate quarterly charge for them. Clerk is to check what other municipalities charge for similar facilities. Clerks report. Betty reported notices have been published and posted for the Budget Hearing. It has been set for Monday, November 26, 2001 at 7:00 p.m. Time/Warner Cable Service Updates: Davis Driver. Davis reported Time/Warner has completed all updates in the Town to provide digital cable service. Road Runner internet service is also now available to residents. He indicated programming is considered annually. Six to eight channels will be added December 27th. Gary questioned what can be done about areas in the Town that are less populous and not receiving service. Davis indicated the Cable Company always checks feasibility of extending lines whenever a request for service is made. When it can be reasonably accomplished, the service is provided. Nancy questioned why we have another rate increase, when one was just implemented last October. She stated personal knowledge of people getting service out of the Milwaukee station at $8 - $9 less per month. Davis indicated base rates are regulated by the FCC. He is unsure how Milwaukee could have that much of difference in rates. He continued Racine, Walworth and Kenosha service areas all charge the same base rates. However, franchise fees and taxes do make slight differences in the total rate. Some municipalities charge a 3% franchise fee, while other may charge 5%- or none at all. That fee is added into each subscriber’s rate. Davis reported over 9,000 miles of new line were installed last year to complete upgrades. Roadrunner internet service is now available at $39.95 per month. This service increases internet download time 50 – 100 times faster than phone modems. Federal regulation required Time/Warner to offer three internet service options through their lines. In addition to Roadrunner, A.O.L. and Earthlink are offering service plans. Davis indicated Time/Warner is now operating under two different franchise agreements with the Town. He presented a proposed new ordinance and contract agreement for the Town to consider. Time/Warner is pursuing standard agreements with all municipalities. Gary indicated the Town will compare the proposed document to what is currently in place. Davis is invited to next month’s Board meeting for further discussion on this topic. 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 for William and Loretta Gendrich (Parcel #03-19-06-006-002- 41.52 acres). Mike Bienich, Jim Kaysing and Eric McCloud appeared to represent Site Acquisition Consultants and Verizon Wireless. Mike indicated only one site is needed in this area to complete their cellular service coverage grid. The Gendrich property is just off-center of the established search ring for the required site. Mike further indicated Verizon is not in the tower building business. It is only when no alternative site is available upon which to locate that they need to build a tower. F.A.A. determination on this site came back as “no hazard”. No lighting or painting of the tower is required. Mike explained F.C.C. regulations are such that local regulation cannot have the effect of prohibiting service and approval must be granted within a reasonable period of time. The closest house to the Gendrich site is over 1,000 feet away. He displayed simulated photos of two locations, one of the Gendrich site and one as if the tower were located on the International Production Specialists (IPS) site. He indicated locating on the IPS site would cause the tower to be much closer to residential development and the road. He further indicated the Rochester Plan Commission and Racine County Plan Commission issued unanimous approval for the Gendrich site. The Arnouts site, originally submitted, has been tabled since April 9. The Gendrich site is zoned M-2 (Industrial). Racine County indicated this is appropriate zoning for tower location. Verizon has obtained a signed lease with the Gendrichs’ contingent on all required approvals. He indicated a search elsewhere offers no guarantees an alternate site could obtain necessary approvals. I.P.S. has not been contacted as Verizon has determined this site is less suitable for their needs. Mike indicated discussions with Verizon’s attorney and the Town’s attorney have clarified denial of the Gendrich site by the Town would become grounds for legal action. Simulated photos illustrated the Gendrich site as the best location in regards to surrounding community characteristics. The simulated IPS site observed a 180-foot setback from property lines for a required “fall zone” and placed the tower in the only suitable area on the property. Mike recited past history as Verizon asking the Town Board if the Gendrich site was acceptable before investing time and money in research and obtaining necessary approvals. At that time, all indications were yes. After viewing simulations, Gary indicated an opinion that more people would be affected by and object to the IPS site. Nancy questioned zoning on the property. It was established this parcel has been zoned M-2 for at least 20 years. It was noted the tower setback from the railroad on the Gendrich site is not 180 feet. Mike explained a requirement by the County Plan Commission that an impartial engineer be retained, at Verizon’s cost, to establish fall zone criteria for the tower before variance to the 180’ setback could be obtained. After viewing simulations, Nancy remarked it was obvious IPS cannot put the tower as far back on their site as she originally thought. Gary moved, 2nd by Nancy to approve the conditional use application to construct a wireless telecommunications service facility consisting of a 180’ tall lattice tower on the Gendrich site. Motion carried. Certified Survey Map: 28622 Rowntree Road: creating four parcels out of one: Jeff, Michelle, John & Sylvia Ksobiech for Harold & Eugene Meyer (Parcel #03-19-12-010-000 – 80 acres). Correspondence from the Town Engineer recommended approval. Drain tile depth on the CSM was questioned. Jeff indicated previous conversations with the Meyers’ suggested the tile is a couple of feet deep at its highest point and eight feet deep at its lowest. Concern was expressed on how to protect the drain tile from damage when heavy construction equipment is going over it. It was suggested to use an alternate driveway during construction, however it was determined too hard to regulate such a stipulation. It was established the tile is 12” wide, therefore it must be draining additional lands. It was also established that the tile ends in the woods in the parcel to the west. If the tile becomes damaged or blocked during construction, it could potentially cost a farmer’s entire crop upstream. It was suggested the Town engineer be contacted as to locating the depth of the tile and that a burm be placed over it to protect the tile from breaking if determined necessary. Nancy moved, 2nd by Gary to approve the CSM subject to finding the tile’s depth and protecting it by whatever means necessary if it is not deep enough in the area of the driveway as certified by the Town Engineer. Motion carried. Conditional Use Application, 31844 Washington Avenue: to expand sand & gravel extraction permit to allow mining below the water table to create a lake. Owner: Park View Sand & Gravel, Agent: Illinois Mining Corp. (Parcel #014-03-19-03-021-000; Town of Rochester, Parcel #016-04-19-34-015-000; Town of Waterford). A representative from Illinois Mining Corporation indicated Town Plan Commission approval was obtained contingent on several items, including extending the initial offer of groundwater well testing from 2500 feet of the lake to 2500 feet of the property line. Illinois Mining has no problem extending the boundaries of the test area. Bob Willard (Plan Commission representative present in the audience) indicated end use of the parcel was left somewhat in question during their initial presentation to the Plan Commission, however reclamation of the gravel pit was determined to be at least 16 years out. Gary moved, 2nd by Wayne to approve the conditional use application based on those same contingencies listed in Plan Commission approval. Motion carried. Charles Haubrich, Ken Dahlstrom and Bob Willard: Subdivision Ordinance Committee Appointments. Ken Dahlstrom was not present. Charles and Bob reported Julie Anderson has been contacted and is agreeable to represent Racine County Planning in this group. She is available either Monday or Tuesday afternoons. A S.E.W.R.P.C. representative is not available at this time. However, they are willing to review and comment on any submitted drafts. The Town of Caledonia sought their input this way and it did not prove to be a hindrance to their process. Dennis Crombie is recommended for appointment to represent the Village of Rochester Plan Commission. The Village of Rochester Board will discuss this at their next meeting. Wayne Schrader was recommended as representation from the Town of Rochester Board. Representatives from the Town Plan Commission were suggested as Bob Willard and Jane Babik. CETSEAL representatives were suggested as Charles Haubrich and Rhoda Runzheimer. Suggested representation of a developer was Patricia Hurley. Suggested representation of one large landowner was Edward Stone. Meeting times were suggested as during the day, either Monday or Tuesday afternoons for one or two hours once every other week. This timing seems to work out best for those interested in the reading and editing process. Consensus of the Board was this was a good start. They suggested obtaining input from the Village Board and then coming back to the next meeting with firm commitments on parts of recommended appointees. Final asphalt surface requirements: 2nd Phase Camelback Farms. The clerk presented file information substantiating what stage the project is in. Neither Phase 1 nor Phase 2 have received Final Acceptance. Final construction of roads to Town standards is still the developer’s responsibility. The question goes back to the “80% built” requirement specified in the developer’s agreement before placement of the final lift of asphalt. Pat and Buzz Hurley indicate problems with having only base course asphalt down and heavy construction equipment driving over it. The base course has been damaged and will be costly to repair. It was established only 7 lots are left to sell (out of 43). The subdivision is 80% sold, but only 60% built. Three people bought two adjoining lots. There is question as to whether the adjoining lots will ever be built on. Five new housing starts are expected next spring. Gary indicates the subdivision may meet the 80% built requirement by that time. If so, the final lift can be applied. Wayne reminds the Hurleys that all repairs must be made to the base course before the final lift is installed. He reiterates the requirement that roads be inspected and approved by the Town Engineer before the Town accepts them. There was discussion regarding Construction Bonds that would require builders and/or owners to repair damage done to roads or culverts by construction equipment. Clerk is to check with the Town Attorney on drafting this type of ordinance. Since this year’s construction season has ended, consensus of the Board was to revisit the issue of paving Hunter’s Glen Road in the spring and/or summer of 2002. Letter of Credit Reduction Request: Wayne Fuller. Base course installation on Way-Mar Lane and Crossway Road has been completed. Correspondence from the Town Engineer recommends reducing letter of credit requirements from $60,000.00 to $41,176.00. Wayne moved, 2nd by Gary to approve the reduction. Motion carried. Resolution 6-2001 eliminating the position of Town Roadman. Gary moved, 2nd by Nancy to adopt the resolution. Motion carried. A meeting was set for Tuesday, November 20, 2001 between Gary Chart, Gary Beck and Betty Novy to establish a list of jobs or items of work, a list of subcontractors and subcontractor requirements. Two-Way Radio Proposal. Jim Dignin presented information on purchase of a two-way radio system to enhance communications for emergency public works response and snowplowing operations. Cost of the system was listed as $4,636.29. Jim proposed a three-way cost share between the Village of Rochester, Town of Rochester and himself. Consensus of the Board was current needs do not justify the cost of such a system at this time. Increase in Refuse/Recycling rates: Superior Services. Correspondence from Superior Services indicates a 28 cent increase per unit per month effective January 1, 2002 due to new State imposed landfill charges. The Town has experienced standard rate increases over the past two years per contract allowances. Contract review by the Town Attorney indicated no provision that allows Superior to pass State imposed charges down to the Town. Consensus of the Board was to have the Town Attorney send Superior a letter refusing the cost increase and affirming their obligation to observe the terms of the contract. Cost sharing on replacement well pump: Rochester Fire Station. Cost of the repair was $1,847.48. Gary moved, 2nd by Wayne to approve payment of the Town’s portion based on the original agreement of cost sharing on the building between the Town and the Village of Rochester. The Proposed 2002 Budget should be adjusted to reflect this expense. Municipal Hall Rental Policy. Consensus of the Town Board was to require a $200.00 security deposit on both residents and non-resident rentals. This should be taken back to the Village Board for consideration. Operator’s License Application: Kristie L. Price (Dale’s Bar). Gary moved, 2nd by Nancy to approve the license contingent on submission of a Responsible Beverage Server’s Course Completion Certificate and a clean background check. Motion carried. Gary moved, 2nd by Nancy to adjourn at 10:25 p.m. Motion carried. Submitted by:
Betty J.
Novy
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