Town Board Approved 9/ 27 / 1999

REGULAR MEETING OF THE

TOWN BOARD OF SUPERVISORS

Municipal Complex - Assembly Room

Monday, August 23, 1999

MINUTES

Agendas with resolutions were posted at the Municipal Complex, Fire Station 40, Sanitary District No. 4, Appleton Public Library, Menasha Public Library, and Neenah Public Library.

    1. CALL TO ORDER, PLEDGE OF ALLEGIANCE AND ROLL CALL

Town Chair Arden Tews called the regular meeting of the Town Board of Supervisors to order at 6:00 p.m. and led the Pledge of Allegiance.

Deputy Clerk Heiting noted the roll as follows:

PRESENT:

Arden Tews, Town Chair Jeanne Krueger, Supervisor #1

Bob Sprague, Supervisor #2 Jerry Jurgensen, Supervisor #3

Allen Nennig, Supervisor #4 Carl Sutter, Town Engineer

Jack Lemke, Town Attorney Bogdan "Bob" Vitas, Administrator

Grace Vander Velden, Dir. of Finance William Weiss, Police Chief

George Dearborn, Dir. of Com. Dev. Gaylene Nash, Asst. to Admin.

Don Cox, Fire Chief Mary Heiting, Deputy Clerk

EXCUSED: Carlene Sprague, Town Clerk

ALSO PRESENT:

Todd Van Zeeland Robert Francart Barbara Kluess

Mike Lettier

 II. AWARDS/PRESENTATIONS –

A. Award – American Heart Association – Barbara Kluess

For Saving a Life (Presented by Chief Cox)

Fire Chief Cox introduced Barb Kluess. She is a Town of Menasha resident and area Nurse. On July 10, 1999 an incident happened while attending a State Legion Convention. The Fire Chief from La Crosse, Pete Stinson reported that Barb jumped into action when someone went into full cardiac arrest. Because of her diligent efforts and appropriate first aid, she saved his life. Congratulations to Barb on a job well done. The certificate of Citizen Heroism from the American Heart Association was awarded to Barb from Chief Cox.

  1. PUBLIC FORUM – NON-AGENDIZED TOWN RELATED MATTERS

  1. DISCUSSION ITEMS

  1. OLD BUSINESS

    1. 990726:-6 Conditional Use Permit – Daniel Van Zeeland – Racine Street (008-0224)

MOTION: Supervisor Krueger, second Supervisor Sprague to adopt the resolution and approve the conditional use permit with the conditions as stated on the resolution. Motion carried unanimously.

  1. NEW BUSINESS

A. 990823-1: Rezoning – Bay Area Petroleum, Inc.

MOTION: Supervisor Krueger, second Supervisor Nennig to adopt the resolution and approve the rezoning as submitted. Motion carried unanimously.

B. 990823-2: Rezoning – Matt Westphal

MOTION: Supervisor Krueger, second Supervisor Nennig to adopt the resolution and approve the rezoning as submitted. Motion carried unanimously.

C. 990823-3: Certified Survey Map – Robert Leibold Associates, Inc. and Window Specialists of Wisconsin, Inc.

MOTION: Supervisor Krueger, second Supervisor Sprague to defer the resolution for 30 days. Motion carried unanimously.

Chairman Tews passed the gavel to Supervisor Sprague.

D. 990823-4: Certified Survey Maps- Gertrude Swedesky

MOTION: Supervisor Nennig, second Supervisor Jurgensen to adopt the resolution and approve the certified survey map as submitted. Motion carried (4) Yes – Krueger, Sprague, Jurgensen, Nennig – (1) Abstained Chairman Tews.

Supervisor Sprague passed the gavel back to Chairman Tews.

E. 990823-5: Certified Survey Map – Werner Kade

MOTION: Supervisor Krueger, second Supervisor Nennig to adopt the resolution and approve the certified survey map as submitted. Motion carried unanimously.

F. 990823-6: Certified Survey Map – David Hildebrand

MOTION: Supervisor Jurgensen, second Supervisor Nennig to adopt the resolution and approve the certified survey map as submitted. Motion carried (4) Yes – Krueger, Sprague, Jurgensen, Nennig, (1) Abstained - Chairman Tews.

G. 990823-7: Job Classification Plan Amendment - Custodian

MOTION: Supervisor Sprague, second Supervisor Jurgensen to adopt the resolution and approve the Custodian Position as submitted. Motion carried (3) Yes - Chairman Tews, Jurgensen, Nennig and (2) No – Krueger, Sprague.

H. 990823-8: Non-Represented Salary Plan Amendment – Custodian Position

MOTION: Supervisor Jurgensen, second Supervisor Nennig to adopt the resolution and approve the amended salary plan. Motion carried (3) Yes - Chairman Tews, Jurgensen, Nennig and (2) No – Krueger, Sprague.

I. 990823-9: Intermunicipal Agreement – Menasha Joint School District, City of Menasha and Town of Menasha – Police School Liaison Program

MOTION: Supervisor Sprague, second Supervisor Jurgensen to adopt the resolution and approve the Intermunicipal agreement as submitted. Motion defeated with a roll call vote. Krueger – No, Sprague – No, Jurgensen – No, Nennig – No, Chairman Tews – No.

J. 990823-10: Roadway Development Agreement – Christopher Drive

MOTION: Supervisor Sprague, second Supervisor Krueger to adopt the resolution and approve the roadway development agreement as submitted. Motion carried unanimously.

K. 990823-11: Finance Fiscal Policy-Check Disbursement

MOTION: Supervisor Sprague, second Supervisor Jurgensen to adopt the resolution and approve the Finance Fiscal Policy as submitted. Motion carried unanimously.

L. 990823-12: Expenditures

MOTION: Supervisor Sprague, second Supervisor Jurgensen to adopt the resolution and approve the expenditures with the exception of none. Motion carried unanimously.

M. 990823-13: Letter of Credit Payment – Valley Gateway Development, LLC

MOTION: Supervisor Sprague, second Supervisor Jurgensen to adopt the resolution and approve the Letter of Credit from Valley Gateway as submitted. Motion carried unanimously.

VII. ORDINANCES

A. 990809-4:ORD Amending Chapter 11 of the Town of Menasha Municipal Code – Mobile Home Parks, Mobile Homes and Recreational Campers, Section 11.04(2) SECOND READING & ADOPTION

MOTION: Supervisor Krueger, second Supervisor Jurgensen to accept the second reading of the ordinance and adopt as submitted. Motion carried unanimously.

B. 990809-2:ORD Amending and Recreating Chapter 14 of the Town of Menasha Municipal Code – Swimming Pools Section 14.62(2)(a), (5)(a), and (6)(b)(c) is hereby amended and recreated. SECOND READING AND ADOPTION

MOTION: Supervisor Sprague, second Supervisor Jurgensen to accept the second reading of the ordinance and adopt as submitted. Motion carried unanimously.

C. 990809-3:ORD Amending Chapter 16 of the Town of Menasha Municipal Code – Finance, Section 16.03(6)(2) SECOND READING AND ADOPTION

MOTION: Supervisor Sprague, second Supervisor Jurgensen to accept the second reading of the ordinance and adopt as submitted. Motion carried (4) Yes – Sprague, Jurgensen, Nennig, Chairman Tews, (1) No - Krueger.

 VIII. RESIGNATIONS/APPOINTMENTS

    1. 990823-1: APP Appointment – Co-Op Student - Police

      2. MOTION: Supervisor Nennig second Supervisor Sprague to accept the appointment of Erica Aguilar as Co-Op Student. Motion carried unanimously.

    2. 990823-2:RES Resignation - Fire Fighter

      3. MOTION: Supervisor Sprague second Supervisor Krueger to accept the resignation of Kevin Korth. Motion carried unanimously.

    3. 990823-3:RES Resignation - Fire Fighter

MOTION: Supervisor Krueger second Supervisor Sprague to accept the resignation of Rob Koland. Motion carried unanimously.

  1. APPROVAL OF MINUTES

X. CORRESPONDENCE

    1. Park Commission Meeting Minutes – 7/14/99

    2. Municipal Court Report(s) – 6/99 and 7/99

MOTION: Supervisor Sprague, second Supervisor Krueger to accept the correspondence for filing. Motion carried unanimously.

XI. REPORTS

A. Town Administrator –

a) Valley Gateway Development – Administrator Vitas stated that the Valley Gateway project is under construction and they are slightly ahead of schedule.

B. Town Attorney – None

C. Town Clerk – Excused

D. Town Board

    1. Jeanne Krueger, Supervisor #1 –

      2. Supervisor Krueger stated that she had a few calls from residents. There have been in-line skaters on public roads. Lake Street and West Butte Des Morts Beach Roads. Also Mrs. Kieper, 2293 Redtail Drive had called about the trailer in her yard.

    2. Robert Sprague, Supervisor #2 –

      3. Supervisor Sprague thanked Gaylene Nash for the submittal of the Goals and Objectives Report. It was very helpful.

    3. Jerry Jurgensen, Supervisor #3 –

      4. Supervisor Jurgensen had some correspondence about the train whistles. He understood that the railroad budget had increased. Jerry also stated that under village powers we do not have any power to control this situation.

    4. Allen Nennig, Supervisor #4 –

Supervisor Nennig stated that he attended the Urban Town’s Meeting. They discussed Comm. 83 and an alternative to sewage management and how it will affect urban sprawl.

E. Town Chairman

Chairman Tews wants to have another meeting with staff to discuss the specific needs of the Fire and Police Departments in regards to the old Town Hall. The building at Valley Road can be used for storage but he would like to consider other possibilities.

F. Other Town Officials

Grace Vander Velden, Director of Finance – Director Vander Velden stated that the City of Menasha probably only has the Menasha School District, but we have 3 schools in the Town of Menasha and agreed with the Town Board’s action regarding Resolution #9 on tonight’s meeting agenda.

Don Cox, Fire Chief – Chief Cox and other Fire Fighters will be here early on September 13 to display new Fire Engine #41.

George Dearborn, Director of Community Development – Director Dearborn commented in regard to the building codes for the old Town Hall. When staff has some ideas for the old building, he would like the Building Inspector to review them.

William Weiss, Police Chief – None

Mike Lettier, Police Commission – Mike Lettier stated that the Police Commissioners would be meeting August 24, at 6:00 p.m. He felt there were still people driving over the bike/ pedestrian trail that connects to Oakview Drive.

  1. MOTIONS BY SUPERVISORS

At 7:20 p.m., MOTION: Supervisor Krueger, second Supervisor Sprague to adjourn into closed session pursuant to 19.85(g): conferring with legal counsel for the governmental body who is rendering oral or written advice concerning strategy to be adopted by the body with respect to litigation in which it is or is likely to become involved and 19.85(e) deliberating or negotiating the purchasing of public property, the investing of public funds, or conducting other specified public business, whenever competitive or bargaining reasons require a closed session. Pursuant to 19.85(2), the Town Board may reconvene into open session to act on any business discussed in closed session. Motion carried unanimously, with Supervisor Sprague excused.
  1. ANNOUNCEMENTS – Same as on Agenda
  2. ADJOURNMENT

At 8:00 p.m., MOTION: Supervisor Jurgensen, second Supervisor Sprague to adjourn the regular meeting of the Town Board of Supervisors. Motion carried unanimously.

Respectfully submitted,

  Mary Heiting, Deputy Town Clerk