Submitted for Town Board Approval November 27, 2000
REGULAR MEETING OF THE
TOWN BOARD OF SUPERVISORS
Municipal Complex - Assembly Room
Monday, October 23, 2000
Agendas with resolutions were posted at the Municipal Complex, Fire Station 40, Utility District, Appleton Public Library, Menasha Public Library, and Neenah Public Library.
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.
Clerk Sprague noted the roll as follows:
PRESENT:
Arden Tews, Town Chair Jeanne Krueger, Supervisor #1
Bob Sprague, Supervisor #2 Jerry Jurgensen, Supervisor #3
Russ Handevidt, Supervisor #4 Keith Kiesow, Fire Chief
Carlene Sprague, Town Clerk Carl Sutter, Town Engineer
Patrick DeGrave, Administrator George Dearborn, Dir. of Com. Dev.
Myra Piergrossi, Dir. of Finance Randy Gallow, Street Superintendent
Roger Clark, Town Attorney Greg Curtis, Town Attorney
ALSO PRESENT:
Patrick O’Brien Pat Boushley
John Schaidler Evelyn Konkel
Jerry Finch Patricia Hess
Joe Trudell Doug Hahn
James Lauson, II Wayne Wilda
Leonard Leverence Jane Van De Hey
II. AWARDS/PRESENTATIONS – None
Joe Trudell, Town Resident, commented on his approval of the Town Board’s appointing Russ Handevidt to the position of Supervisor No. 4.
IV. DISCUSSION ITEMS
Len Leverence, representing Winnebago County, provided a slide presentation to the Town Board regarding the Solid Waste Management Board’s history and objectives. He stated their objective is to look for solutions to solid waste. An overview of the program services was provided, along with an overview of private landfill companies versus a countywide combination utilizing one landfill at a time. He supported combining all of these communities to support a county system. He proposed a regional program combining the strengths of all the mentioned communities. Solid Waste Board provides services based on users fees, which are set annually. He stated that Winnebago County is one of the lowest published landfills in the nation. He urged support to the Winnebago County Solid State Support Agreement.
Administrator, Patrick DeGrave - If the Town signs on to a ten year agreement, what guarantee do we have that Winnebago County Solid Waste will not raise the rates in the future?
Len Leverence answers, "good faith and trust".
Carlene Sprague, Clerk – If it is a question of good faith and trust, why would the Town need to sign an agreement?
Chairman, Arden Tews – What is the time frame regarding this agreement?
Len Leverance – It’s flexible. We are looking at February of 2001.
Supervisor, Jerry Jurgensen asks, "If we don’t sign the Agreement, would we still keep our same rate"?
If you decided to come back to Winnebago County at a later date, and you went to a private Agreement, capital make-up cost would be needed.
Much discussion ensued.
Jerry Finch, Winnebago County Supervisor, Town Resident – He urged the Town Board to support the Agreement.
Dave Tellock, representing Superior Services, stated that he is not here to compete with Winnebago County landfill. He requested a continuance of the current relationship that the Town has with Superior Services on a "hauling basis". He requested a continuance of the present contract for a one-year term. He also proposed that he would like to extend the contract as long as possible with a longer term option and a decrease in price. Dave Tellock stated that it was his intention to cooperate with the Town for a Hauling Agreement.
Director of Community Development, George Dearborn, made this presentation. He stated that the Visitor’s Convention Bureau made this request. Staff is asking that the Town Board respond favorably to this.
MOTION: Supervisor Sprague, second Supervisor Jurgensen to delay the Town Conditional Use Permit for U. S. Oil, Inc. for 30 days, but to approve the location of the two access drives on West American Drive. Motion carried unanimously.
MOTION: Supervisor Jurgensen, second Supervisor Sprague to table the Public Hearing for the Special Assessment, S.R. 47 Sidewalk as submitted. Motion carried unanimously.
MOTION: Supervisor Sprague, second Supervisor Jurgensen to delay their decision on the Variance for Davel Engineering, Peter Meyerhofer (Owner), 4139 N. Prospect Ave., for another 30 days as submitted. Motion carried unanimously.
MOTION: Supervisor Sprague, second Supervisor Jurgensen to adopt the resolution and approve the expenditures with the exception of (none). Motion carried unanimously.
B. 001023-2: Approve Gateway Meadows Agreement
MOTION: Supervisor Sprague, second Supervisor Jurgensen to adopt the resolution and approve the Gateway Meadows Subdivision Agreement as submitted. Motion carried unanimously.
C. 001023-3: Approve Second Amendment to Valley Gateway Agreement
MOTION: Supervisor Sprague, second Supervisor Jurgensen to adopt the resolution and approve the second amendment to the Valley Gateway Agreement as submitted. Motion carried unanimously.
MOTION: Supervisor Sprague, second Supervisor Handevidt to adopt the resolution and approve that the Dir. of Finance is authorized to submit a loan application request to the WI State Trust Fund for an eight (8) Yr. loan in the amount of $2,000,000 at a fixed rate of 5.50% per annum for Gateway Meadows as submitted. Motion carried unanimously.
E. 001023-5: Award Bids for Gateway Meadows Subdivision
MOTION: Supervisor Sprague, second Supervisor Jurgensen to adopt the resolution to approve to award a contract in the amount of $565,123.45 to PTS Construction for street construction, and a contract in the amount of $818,936.00 to Kruczek Construction for installation of sanitary sewer, water mains and storm sewer in Gateway Meadows Subdivision as submitted. Motion carried unanimously.
F. 001023-6: Riesterer Rezoning (008-0705-10)
MOTION: Supervisor Sprague, second Supervisor Jurgensen to adopt the resolution to approve the rezoning for John Riesterer, 1704 Brighton Beach Road, from Rural Residential to Suburban Residential as submitted. Motion carried unanimously.
G. 001023-7: County Comprehensive Plan Review
MOTION: Supervisor Handevidt, second Supervisor Jurgensen to adopt the resolution to approve the Winnebago County Comprehensive Plan with the following changes as submitted.
parcels in the Town of Menasha currently lie within the sewer service area.
areas will be automatically added to the County Future Land Use Map
as sewer service areas.
the County Comprehensive Plan standards (building, density, open space).
Motion carried unanimously.
H. 001023-8: Halbrook Certified Survey Map
MOTION: Supervisor Sprague, second Supervisor Handevidt to adopt the resolution to approve the Certified Survey Map for Halbrook Builders, Inc. as submitted. Motion carried unanimously.
I. 001023-9: Kimberly-Clark Certified survey Map (County II)
MOTION: Supervisor Sprague, second Supervisor Handevidt to adopt the resolution to approve the Certified survey Map for Kimberly-Clark Corp. as submitted. Motion carried unanimously.
J. 001023-10: Sawall Certified survey Map
MOTION: Supervisor Krueger, second Supervisor Sprague to adopt the resolution to approve the Certified Survey Map for Eugene Sawall as submitted. Motion carried unanimously.
K. 001023-11: Airport (Great Northern)Corp. Certified Survey Map
MOTION: Supervisor Sprague, second Supervisor Handevidt to adopt the resolution to approve The Certified Survey Map for Airport (Great Northern) Corp. as submitted. Motion carried unanimously.
L. 001023-12: Conditional Use Permit 1582 Beethoven Way (008-5086)
MOTION: Supervisor Sprague, second Supervisor Jurgensen to adopt the resolution to approve, requested by Martinson & Eislie for the Conditional Use Permit for William and Marie Rohrer, 1582 Beethoven Way, as submitted. Motion carried unanimously.
M. 001023-13:.Approve Public Officials Insurance Policy
MOTION: Supervisor Sprague, second Supervisor Jurgensen to adopt the resolution to approve MSI Insurance, 324 W. Wisconsin Ave., Suite 105, as the insurance provider for the Public Officials policy in the amount of $12,236.40 for $3,000,000 coverage, and a $1,000.00 deductible as submitted. Motion carried unanimously.
MOTION: Supervisor Sprague, second Supervisor Krueger to adopt the resolution to approve recognition of Fire Department Transition Team in carrying out the duties and responsibilities of the Fire Dept. during the Chief’s absence as submitted. Motion carried unanimously.
VII. ORDINANCES
A. 000925-2:ORD An Ordinance Amending Chapter 6, Section 6.16(5) Performance Guarantee and 6.16(6) Recordation THIRD READING & ADOPTION
MOTION: Supervisor Jurgensen, second Supervisor Sprague to accept the third reading & adoption of the ordinance amending Section 6.16(5) of the Town of Menasha Municipal Code - Subdivision Regulation Performance Guarantee as submitted. Motion carried unanimously.
VIII. RESIGNATIONS/APPOINTMENTS
MOTION: Supervisor Jurgensen, second Supervisor Sprague to approve the appointments of Mark Biggar, Pat Gambsky, Keith Kuchenbecker, and Mike Gibbons to the Housing Appeals Board for the three-year term from 11/1/00 through 10/31/03 as submitted.
Motion carried unanimously.
B. 001023-2: APP Appointment – Paid-on-Call Firefighter Ryan Hintz
MOTION: Supervisor Sprague, second Supervisor Krueger to approve the appointment of Ryan Hintz as submitted. Motion carried unanimously.
MOTION: Supervisor Sprague, second Supervisor Krueger to approve the appointment of John Stilp as submitted. Motion carried unanimously.
MOTION: Supervisor Handevidt, second Supervisor Sprague to approve the appointment of Nick Polakowski as submitted. Motion carried unanimously.
MOTION: Supervisor Handevidt, second Supervisor Sprague to approve the appointment of Jon Kuchenbecker as submitted. Motion carried unanimously.
MOTION: Supervisor Jurgensen, second Supervisor Handevidt to approve the appointment of Bryan Stilp as submitted. Motion carried unanimously.
MOTION: Supervisor Jurgensen, second Supervisor Handevidt to approve the appointment of Scott Nabbefel as submitted. Motion carried unanimously.
MOTION: Supervisor Handevidt, second Supervisor Krueger to approve the termination of Firefighter Michael Peterson, effective 10/23/00, as submitted. Motion carried unanimously
IX. APPROVAL OF MINUTES
C. Regular Town Board – October 9, 2000
MOTION: Supervisor Jurgensen, second Supervisor Handevidt to accept the minutes as submitted. Motion carried unanimously, with Supervisor Sprague abstaining from the Minutes of Regular Town Board Meeting of October 9, 2000.
Fire Department Monthly Report – September 2000
MOTION: Supervisor Jurgensen, second Supervisor Handevidt to accept the correspondence for filing. Motion carried unanimously.
XI. REPORTS
Town Administrator
A. Town Administrator
Patrick DeGrave, Town Administator stated that a week ago, he laid out a plan for the United Way Campaign and asked for permission to proceed.
Winnebago County Executive Jane Vande Hey, requested the Town Board appoint someone to the Industrial Development Board and Winnebago Solid Waste Development Board.
Discussion of Road Reconstruction
Administrator DeGrave stated that the goal is to gain some consistency in what is planned for roads that are "collectors of traffic". It was thought to begin with a preliminary discussion.
George Dearborn, Dir. Community Development, stated that arterial streets are defined by collector traffic counts. If it is the consensus to move forward with this, based on traffic counts, we can better determine the size of the road.
Wayne Wilda, Resident on Jacobson Road – I heard that the Town plans to redo Jacobson Road. In his opinion, the road is fine and sees no logical reason to redo the street.
Chairman Tews stated that if we do anything on this road, there will be a Public Hearing.
Much discussion ensued.
D. Town Board
Supervisor Krueger – We have got a lot of angry residents because the railroad tracks have been closed Stroebe Road.
Supervisor Jurgensen thanked staff for addressing the cul-du-sac problem at the end of Oakview Drive. He will not be here on the 13th, he will be on vacation.
Supervisor Handevidt stated he spent time at the Town’s Association Meeting and learned a lot. He posed a question to Pat DeGrave regarding neighbors who requested 32 trees be replaced on the ditch line by the railroad tracks.
Randy Gallow, Street Superintendent – We had a landscape architect work on this. Question, who is going to pay for the trees? The project is targeted for spring of 2001.
Chairman Tews expressed concern stating that new multi-family units built in the Town should be required to have sprinkler systems.
Keith Kiesow, Fire Chief, stated that a sprinkler system is relatively inexpensive when you consider the savings issue. According to building code, right now, our hands are tied.
Chairman Tews questioned status on the Outagamie County Airport overlay resolution.
George Dearborn stated we have not received any information regarding this issue.
F. Other Town Officials
Keith Kiesow, Fire Chief
Chief Kiesow stated that radiant heat has been installed at the Old Town Hall.
At 8:10 p.m., MOTION: Supervisor Handevidt, second Supervisor Jurgensen to adjourn into closed session pursuant to 19.85(c) of the Wisconsin State Statutes; 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 specifically to review Bridgeview Gardens debt obligation.
Pursuant to 19.85(2)of the Wisconsin State Statutes; the Town Board will reconvene into open session to act on any business discussed in closed session.
At 8:35p.m., MOTION: Supervisor Handevidt, second Supervisor Jurgensen to adjourn the regular meeting of the Town Board of Supervisors. Motion carried unanimously.
Respectfully submitted,
Carlene L. Sprague
Town Clerk