8.12.24 REGULAR BOARD MEETING
VILLAGE OF ORFORDIVLLE
Regular Board Meeting
Monday, August 12, 2024 7:00 p.m.
Orfordville Village Hall
Main Board Room
CALL TO ORDER
President Dennis Burtness called the meeting to order at 7:00 p.m. Present were President Burtness, David Olsen, Beth Schmidt, Nikki Tuffree, Terry Gerber, and David Olsen. Also present were Vinnie Nafzger, Jason Converse, Krista Schaaf, Noah Hanson, Brett Sagen, Engineer Ben Heidemann, Attorney Tim Lindau, Russell Rucker, Librarian Sarah Strunz, Chief Jeremiah Burdick, DPW Director Nick Todd, and Clerk Sherri Waege. Absent was Cami Myers-Alstat.
AGENDA VERIFICATION
Clerk Waege verified that on August 9, 2024, copies of the agenda were delivered to the President and Trustees; and posted at the Village Hall, Library, and the Post Office. There were no additions made to the agenda.
CITIZENS WISHING TO BE HEARD
Jason Converse of 105 W. Church Street was present and asked about the village limiting parking on W. Church Street in front of the elementary school. Converse explained that they do not have enough parking in back of their apartment building and need to park in the street. Converse suggested that parking be allowed on the apartment building side of the street. President Burtness explained that that the item is on the agenda and will be discussed later in the meeting.
Noah Hanson of 704 W. Speich Road was present asking for clarification on the nuisance ordinance. Hanson explained that he received a citation and a copy of the nuisance ordinance in the mail. Hanson explained that he has done some work since the last time he attended a meeting. Hanson further added that the flooding has contributed to the delay in cleanup. Chief Burdick explained that Hanson’s property has been an ongoing issue with multiple 30 day clean up notices being given. Chief Burdick explained that it appears that some of the items have been organized; however, more has been brought in. Chief Burdick added that the Village will eventually proceed to Circuit Court for enforcement.
Hanson questioned the nuisance ordinance and wondered why antique vehicles can be used for decoration, why the railroad can have noxious weeds, and why he has to deal with stagnant water and the smell from the sewer plant if it is a nuisance. Chief Burdick explained that Hanson’s was an ongoing problem, and he should be concerned with what is on his property.
Attorney Lindau explained that the citation is a police and municipal court issue, and that the village board meeting is not the proper venue for citation discussion. Hanson questioned who created the ordinances. Attorney Lindau explained that the elected officials oversee and approve ordinances. Morris explained that the nuisance ordinance is the same ordinance that was in the books from twenty years ago and has not been changed. Hanson added that he owns his property, pays taxes, and does not hinder anyone. Hanson added that he should not have to smell the village sewage. President Burtness suggested that Hanson reach out to a village board member if he feels the nuisance ordinance should be changed and that he should talk to Chief Burdick in regards to his citation.
President Burtness explained that the water tower has been filled, chlorinated, drained, passed two bacterial samples, and should be online on Wednesday.
Schmidt explained that the Village hosted a successful ribbon cutting at Bricks and Stones. Schmidt explained that we have two new eating establishments, Bricks & Stones and Emmy Lou’s that the residents can patronize. Schmidt added that upcoming events are the Block Party, Fall Fest, Airing of the Quilts, and Music in the Park.
UNFINISHED BUSINESS
None.
NEW BUSINESS
Planning Commission Recommendation for the Conditional Use Permit for Vinnie’s Autobody at 109 S. Wright Street. Vinnie Nafzger was present. There were no adjoining landowners present. Motion by Gerber, seconded by Tuffree to accept the Planning Commission recommendation to grant a Conditional Use Permit for Vinnie Nafzger for Vinnie’s Autobody at 109 S. Wright Street. Motion carried.
Planning Commission Recommendation to amend Ordnance 320-18C(7) Regarding Percentage of Commercial Space Required on the Street Level. Attorney Lindau explained that the current ordinance requires C-1 zoned businesses to have a primary commercial use. Discussion held on Conditional Use Permits for all apartments that have a store front in C-1 zoning. Attorney Lindau will check sample ordinances and bring it back to the Village. No action taken.
Police Committee Recommendation for Operator Licenses. Motion by Tuffree, seconded by Schmidt to accept the Police Commission recommendation to grant Operator Licenses to Lori Boers and Deanna Schultz to expire June 30, 2025. Roll Call Vote- Olsen, Schmidt, Tuffree, Gerber, and President Burtness-YES. Morris-ABSTAIN. Motion carried.
Police Committee Recommendation to amend Ordinance 304-14 to Prohibit Unattached Trailers being Parked on Village Streets and Police Committee Recommendation to amend Ordinance 304-14A for Attached Trailers on Village Streets. Chief Burdick explained that there are complaints of unattached trailers being parked on village streets for long periods of time. Krista Schaaf of 105 W. Church Street explained that they have a trailer that they use for their mowing business. Schaaf explained that they have no where to park it as they live in an apartment with limited parking. Schaaf further explained that most of the time, the trailer is hooked to their vehicle; however, there are times when they unhook it so they don’t have to take it everywhere they go.
Jason Converse explained that his business trailer is parked on the street unattached for four to five hours at a time. Converse explained that he has no problem with the ordinance and agrees that his boat and trailer have to be moved. Converse requested that the board not limit parking hours for business trailers. Chief Burdick explained that that would be difficult to monitor. Converse suggested that the Village Board consider a 24-hour time limit as construction trailers also park on village streets. Schaaf explained that they need the trailer for their livelihood, and their only option is to park the trailer in the street. Schaaf added that she is not saying it just for them personally and that it will be hard to run their business with limited parking. Converse added that he understands the issue with the junk trailer and the boat; however, he can’t afford to pay a fine every time he unhooks his trailer. Chief Burdick explained that the Police Department would use discretion.
Brett Sagen of 210 N. Mowe Street was present for clarification as well. Sagen asked if attached trailers were exempt. Chief Burdick explained that they were as long as they move every forty-eight hours. Sagen explained that he will figure out a plan for his boat. Sagen asked if the ordinance change would apply to all streets in the Village. Chief Burdick explained that the change would pertain to all streets in the Village.
Morris explained that the Village does have to do something with the trailers being left unattended in the Village Streets. Morris further explained that he remembers that people used to bring their semis home from work because they had no place to park them, which Morris explained that the Village does not have to provide a solution for the residents that can’t comply.
Motion by Tuffree, seconded by Gerber to accept the Planning Commission Recommendation to amend Ordinance 304-14 to state “ no owner or operator of a trailer shall park or permit the parking of such trailer on any street or alley unless the trailer is properly attached to a motor vehicle capable of towing the trailer” and to amend Ordinance 304-14A to state “no person, firm or corporation shall park or leave standing any automobile, truck tractor ATTACHED trailer or vehicle of any description on any public street or public parking lot in the Village for a period of 48 or more consecutive hours in the same location any time, except that where more restrictive parking limits have been established the more restrictive limits shall apply. “ Motion carried.
Amend Ordinance 304-14B(1) to Limit Parking in Front of Orfordville Elementary School at 106 W. Church Street. Chief Burdick explained that he agrees with Jason Converse to only limit parking on one side of the street. Discussion held on limiting parking on the Elementary School side (North Side) so the area can be used for a drop off and pick up area during school hours. Motion by Tuffree, seconded by Schmidt to amend ordinance 304-14B(1) to limit parking on the north side of the 100 block of W. Church Street from Monday through Friday from 7:00 a.m. to 4:00 p.m. which will be the same as the restricted parking in front of Parkview High School. Motion carried.
Flooding Update from Engineer Ben Heideman. Ben Heideman from Town & Country Engineering was present to update the Village Board on procedures that have been taken since the flooding from the rain events on June 22, 2024 and July 14, 2024. Heidemann reviewed the influent flow figures for June and July. Heidemann explained the following:
· They have been doing nighttime flow monitoring in the manholes between 11:00 p.m. and 4:00 a.m. on Brodhead Street, S. Center Street, and S. Wright Street.
· Manholes have been grouted on S. Richards Street, S. Center Street, the intersection of S. Center Street and Beloit Street, the intersection of W. Brodhead Street and S. Maple Street, and the intersection of E. Spring Street and N. Mowe Street.
· Sewer lines are being televised, 15 laterals have found to have been leaking. Heidemann is currently waiting for the televising reports.
· Heidemann recommends that the Village purchase two 3” or 4” pumps so that we do not have to borrow from neighboring municipalities.
· Heidemann recommends the village do additional televising of sewer mains and services.
· Heidemann recommends additional grouting of manholes which is scheduled with E& N Hughes.
· Heidemann recommends that the Village enforce the sump pump ordinance that prohibits residents from discharging sump pumps into the sanitary sewer. Heidemann recommends the Village do inspections on homes for enforcement.
· Heidemann recommends that residents consider purchasing backflow preventors.
· Heidemann recommends sewer lateral repairs or replacements for those that may need it.
· Heidemann recommends a sewer rate study due to the cost of the projects.
· Heidemann recommends an analysis be done on the collection system.
· Heidemann recommends that the Village purchase a weather monitoring station for more accurate information.
DPW Director Todd explained that the Village has money (due to bids being lower) from the village’s loan in 2021. DPW Director Todd explained that the Village has until August 18th to spend the funds, or they will have to be returned as it was a bond issue.
Brett Sagen explained that they had clear water in their basement and received bids from two contractors. Sagen further explained that a family member was able to help them as they did not have the issues that the contractors suggested. Sagen explained that they adjusted their sump pump, and everything was fine now.
DPW Director Todd explained that he is working on a page for the website that is just for Public Works that will provide information for the residents.
President Burtness thanked Heidemann for explaining the information.
Amend Ordinance 65-7 Powers of the Fire Chief. Discussion held on whether the Fire Chief can issue citations, or have Chief Burdick issue citations for violations from Fire Inspections that do not get addressed. Russell Rucker of 311 N. Mowe Street was present and asked if he could hear citations from the Fire Chief in Municipal Court, as he is the Municipal Judge. Attorney Lindau will speak with Chief Perkins and also review the ordinance and State Statute to determine the Village’s options. No action taken.
Street Closure. Tuffree explained that they would like to close a portion of N. Wright Street, which is in front of the fire station, to accommodate the annual Fall Fest event. Motion by Gerber, seconded by Morris to approve Tuffree’s request to close the portion of N. Wright Street in front of the fire station for the annual Fall Fest on October 12, 2024. Motion carried.
Amend Ordinance 310 to Increase Water Rates. Clerk Waege explained that the Department of Natural Resources required the Water Utility to paint the interior of the water tower. Clerk Waege explained that the Village applied for and qualified for a low interest Safe Drinking Water loan from the DNR for the project; however, the DNR would not approve a loan without a rate increase. Clerk Waege explained that the water utility has been relying on the savings to pay the bills. Clerk Waege explained that the Village hired Johnson Block to proceed with a Full Rate Increase with the Public Service Commission in November 2023. Clerk Waege reviewed the Final Decision from the Public Service Commission that issues the new water rates. Clerk Waege explained that the PSC will require a 48.82 percent increase in General Service Charges and 49.62 in Public Fire Protection. A brief discussion was held on paying the increase for Public Fire Protection that is usually paid by General Fund. Clerk Waege explained that the Public Fire Protection portion does not have to be decided at this meeting, but will have to be addressed soon.
Motion by Tuffree, seconded by Gerber to amend Chapter 310 to include the full rate increase rates as listed in the final decision from the Public Service Commission, which is a 48.82 increase in general service rates ( water usage and meter charges) and 49.62 for Public Fire Protection effective with usage as of September 6, 2024. Roll Call Vote-Olsen, Schmidt, Tuffree, Gerber, Morris, and President Burtness all YES. Motion carried with Myers-Alstat absent.
Clerk Waege explained that many residents manage the quarterly billing by paying their bill monthly. Clerk Waege further explained that some residents pay towards their bill every month so it isn’t as large when the bill is received, other residents pay a portion of the bill before the due date and make payment arrangements for the balance to pay before the next billing.
DEPARTMENT HEAD REPORTS
Motion by Tuffree, seconded Morris to approve the Department Head Reports. Motion carried.
VOUCHERS
Motion by Tuffree, seconded by Morris to approve the vouchers with a check range 37368-37396. Motion carried.
ADJOURN
Motion by Tuffree, seconded by Morris to adjourn at 9:33 p.m. Motion carried.
Submitted by,
Dennis Burtness
Village President
Sherri Waege
Village Clerk