Approved January 8, 2001

 

 

REGULAR MEETING OF THE

TOWN BOARD OF SUPERVISORS

Municipal Complex - Assembly Room

Monday, December 18, 2000

 

MINUTES

 

 

Agendas with resolutions were posted at the Municipal Complex, Fire Station 40, Utility District, Appleton Public Library, Menasha Public Library, and Neenah Public Library.

 

I.                   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.

 

Clerk Sprague noted the roll as follows:

 

PRESENT:

Arden Tews, Town Chair                        Jeanne Krueger, Supervisor #1

Jerry Jurgensen, Supervisor #3              Greg Curtis, Town Attorney

Russ Handevidt, Supervisor #4              Keith Kiesow, Fire Chief

Carlene Sprague, Town Clerk                 Brad Werner, Town Engineer

Patrick DeGrave, Administrator              Myra Piergrossi, Dir. of Finance     William Weiss, Police Chief    George Dearborn, Dir. of Com. Dev.

Richard Eiberger, Town Assessor          Ron Krueger, Dir. Parks & Recreation

John Zaborsky, Park Commissioner       Herb Horn, Park Commissioner

Glen Allen, Park Commissioner

 

EXCUSED:

Bob Sprague, Supervisor #2

 

ALSO PRESENT:

Gerry Altenhofen

Sarah Conklin

John Wiley

Glen Allen

           

II.         AWARDS/PRESENTATIONS – None

 

III.              PUBLIC FORUM – NON-AGENDIZED TOWN RELATED MATTERS

 

 

IV.     DISCUSSION ITEMS

 

V.      OLD BUSINESS

A.                 000424-1:  Conditional Use Permit – U.S. Oil (008-0224)

MOTION: Supervisor Handevidt, second Supervisor Krueger to delay for 30 days the Conditional Use Permit for U.S. Oil Co., Inc. Motion carried unanimously with Supervisor Sprague excused.

 

B.                001127-5:  Certified Survey Map – Altenhofen (008-0056-08, 008-0056-09)

MOTION: Supervisor Handevidt, second Supervisor Krueger to adopt the resolution and approve the Certified Survey Map for Gerald and Rochelle Altenhofen with the following conditions that an official revised CSM be submitted that shows a cul-de-sac at the end of Century Oaks Drive and that all taxes are paid.  Motion carried unanimously with Supervisor Sprague excused.

 

C.                001127-6:  Certified Survey Map – Altenhofen (008-0053, 008-0056-09)

MOTION: Supervisor Handevidt, second Supervisor Jurgensen to adopt the resolution and approve the Certified Survey Map for Gerald and Rochelle Altenhofen with the conditions that an official revised CSM be submitted that shows a cul-du-sac at the end of Century Oaks Drive and that all taxes are paid.  Motion carried unanimously with Supervisor Sprague excused.

           

VI.     NEW BUSINESS

A.                 001218-1: Expenditures

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

 

B.       001218-2: Bid Award Fire Station #40 Alarm System

MOTION: Supervisor Jurgensen, second Supervisor Handevidt to adopt the resolution and approve the Award Bid to Tecc Security Systems, for the installation of an alarm at Station #40 at a cost of $6,140.00 with a $20 per month monitoring fee as submitted.  Motion carried unanimously with Supervisor Sprague excused.

 

C.        001218-3: Acceptance of Section 125 Plan

MOTION: Supervisor Krueger, second Supervisor Jurgensen to adopt the resolution and approve the provision of Section 125 of the I.R.S. with regard to its employees’ payment of health and dental insurance premiums on a pre-tax basis. Motion carried unanimously, with Supervisor Sprague excused.

 

D.                001218-4: Mutual Aid Agreement with City of Appleton Police Department

MOTION: Supervisor Handevidt, second Supervisor Jurgensen to adopt the resolution and approve the revised police Mutual Aid Agreement with the City of Appleton Police Department as submitted.  Motion carried unanimously with Supervisor Sprague excused.

 

 

 

 

E.                 001218-5: Certified Survey Map – Adams – 152 Baldwin Ct. (008-1799, 008-1800)

MOTION: Supervisor Jurgensen, second Supervisor Handevidt to adopt the resolution and approve the Certified Survey Map as submitted.  Motion carried unanimously with Supervisor Sprague excused.

 

F.                 001218-6: Certified Survey Map – Elizabeth Hooyman, Thomas Syring, Floyd Syring (008-0169)

Chairman Tews passed the gavel to Supervisor Jurgensen.

 

MOTION: Supervisor Handevidt, second Supervisor Krueger to adopt the resolution and approve the Certified Survey Map as submitted.  Motion carried (3-0) with Chairman Tews abstaining and Supervisor Sprague excused.

 

Supervisor Jurgensen passed the gavel back to Chairman Tews.

 

G.                001218-7: Conditional Use Permit – Palisades Park Cell Tower (008-0039)

A petition was given to Town Clerk Carlene Sprague by Town of Menasha Resident, Sarah Conklin, representing Town Residents who were in opposition to the construction of a wireless communication tower on Town of Menasha property at the location of Palisades Park.

 

Much discussion ensued.

 

Town Attorney, Greg Curtis, provided a legal opinion under what circumstances the Town Board can approve or deny a Conditional Use Permit.

 

Dir. Park & Rec., Ron Krueger, spoke in favor of approval of the resolution.  He stated that this matter needs to be addressed in a timely manner or an agreement may be made between Nextel and another property owner which would result in a loss of dollars for the Town.

 

Glen Allen, representing the Park Commission, stated that they analyzed this extensively and are in support of the agreement.

 

John Wiley, Town Resident, stated that he assisted in the petition.  He stated that he had no objection to this being located on Town property, however, he objected to the location.  Could it be moved to an area behind or near the fire station?

 

Herb Horn, representing the Park Commission, stated the proposed area is an area that we do not use for the park.  No one really goes back there.  I think that the benefits outweigh the cosmetic disadvantages.

 

Much discussion ensued.

 

John Wiley requested that the location be changed and an amendment to the resolution be made.

 

Chief Kiesow stated that he had a concern regarding radio transmission, if this tower was relocated by the fire station.  Regarding locality, you are not talking a lot of distance from the proposed area, versus moving it by the fire station. 

 

 

MOTION: Supervisor Krueger, second Supervisor Jurgensen to adopt the resolution and approve the Conditional Use Permit as submitted.  Motion carried unanimously with Supervisor Sprague excused.

 

H.                 001218-8: Rezoning – Martenson & Eisele – 1582 Beethoven Way (008-5086)

MOTION: Supervisor Jurgensen, second Supervisor Krueger to adopt the resolution and approve the rezoning as submitted.  Motion carried unanimously with Supervisor Sprague excused.

 

I.                    001218-9: Authorize Razing of Building and Approve Budget Transfer

MOTION: Supervisor Jurgensen, second Supervisor Handevidt to adopt the resolution and award the contract to Wayne Van Handel Trucking and Excavating at a quote of $4,000.00 to demolish the building and authorize the Dir. of Finance to execute the budget transfer from the General Fund General Government Contingency to the General Fund Inspection Professional Services, and seek reimbursement from the property owner for the above cost as submitted.  Motion carried unanimously with Supervisor Sprague excused.

 

J.         001218-10: Certified Survey Map – Page Family Trust (008-0298)

MOTION: Supervisor Handevidt, second Supervisor Jurgensen to adopt the resolution and approve the Certified Survey Map as submitted.  Motion carried unanimously with Supervisor Sprague excused.

 

K.                001218-11: Authorize Compensation for Commissioners and Commission Secretary

MOTION: Supervisor Jurgensen, second Supervisor Handevidt to adopt the resolution and approve that the Utility District Board of Commissioners hereby sets the compensation for the Utility District President, Commissioners and Secretary at $137.50 per diem until rescinded and superceded by resolution as submitted.  Motion carried unanimously, with Supervisor Sprague excused.

 

VII.     ORDINANCES/POLICIES

A.        001218-1:POL Chapter 21 – Personnel Policy Change for Vacation from Anniversary Date to Calendar Year      FIRST READING

MOTION: Supervisor Handevidt, second Supervisor Jurgensen to accept the first reading of the policy change for vacation from anniversary date to calendar year as submitted.  Motion carried unanimously, with Supervisor Sprague excused.

 

B.        001218-1-2:ORD  Chapter 15 – Sec. 15.08 Special Assessments and Sec. 15.10 New Town Road Requirements        FIRST READING

MOTION: Supervisor Handevidt, second Supervisor Jurgensen to accept the first reading of the ordinance for special assessments and new Town road requirements as submitted.  Motion carried unanimously, with Supervisor Sprague excused.

 

VIII.     RESIGNATIONS/APPOINTMENTS

A.                 001218-1:APPT  Appointment of Police Communications Technician – Janiszewski

MOTION:  Supervisor Jurgensen, second Supervisor Handevidt to accept the appointment of Jennifer J. Janiszewski to the position of Police Communication Technician I, effective December 19, 2000 as submitted.  Motion carried unanimously, with Supervisor Sprague excused.

 

B.                001218-2:APPT  Appointment of Pollworkers 2001-2002

MOTION:  Supervisor Jurgensen, second Supervisor Handevidt to accept the appointment of Pollworkers for 2001-2002 as submitted. Motion carried unanimously, with Supervisor Sprague excused.

 

(Supervisor Krueger) There is a problem.  Supervisor Handevidt is in there and he can not be a pollworker if he’s on the Town Board or working for the Town.

 

(Chairman Tews) Al Nennig was a pollworker.

 

(Supervisor Handevidt)  Al Nennig worked. 

 

(Supervisor Krueger) That was entirely incorrect too.  Yes, it is against the law. 

 

(Supervisor Jurgensen) I thought that if you were not running for a political office, you can serve as a pollworker for that election. 

 

(Chairman Tews) I thought so too.

 

(Supervisor Krueger) No, you can not work two positions.  If you would like to look that up.  It was agreed upon by the Town Board to get clarification on this issue. 

 

(Supervisor Jurgensen)  Wisconsin Town’s would know. 

 

(Supervisor Krueger)  When Allen worked the polls, that was fairly illegal.

 

It was the consensus of the Town Board to agree to check the State Statutes on whether you can serve as a  pollworker, providing they are not on the ballot for that election.

 

C.       001218-3:RESIGN Street Laborer – Tim Lukasavage

MOTION:  Supervisor Jurgensen, second President Tews to accept, with regret, the resignation of Timothy Lukasavage from the position of Street Laborer, effective December 6th, 2000, as submitted.

 

Supervisor Handevidt requested to change the effective date from December 6th to December 18th, due to the fact that there is no date on the resignation letter.

 

MOTION:  Supervisor Jurgensen, second Supervisor Handevidt to amend the resolution to change the effective date to today’s meeting date of Dec. 18th, 2000. 

 

Much discussion ensued.

 

MOTION:  Supervisor Jurgensen, second Supervisor Handevidt to withdraw their motion to amend. 

 

Supervisor Handevidt does not want to vote due to illegalities.

 

A roll call vote was taken.   Supervisor Krueger, yes.  Supervisor Jurgensen, yes.  Supervisor Handevidt, abstain.  Chairman Tews, yes.  Motion carried (3-0) with one abstention.

 
IX.       APPROVAL OF MINUTES

A.                 Regular Town Board Meeting – November 27, 2000

MOTION:  Supervisor Jurgensen, second Supervisor Handevidt to accept the minutes as submitted. Motion carried with President Tews abstaining due to his absence, and Supervisor Sprague excused.

 

(Supervisor Krueger) At the November 27th meeting under the road construction, which we were talking about.  Supervisor Krueger stated regarding reconstruction, we the Town Board are here to make the decisions.  After this, add “on a case by case basis”.

 

B.                Regular Town Board Meeting – December 4, 2000

MOTION:  Supervisor Jurgensen, second Supervisor Handevidt to withdraw the December 4th, 2000 Minutes, make corrections and resubmit.  Motion carried unanimously, with Supervisor Sprague excused.

 

(Supervisor Krueger)  On Dec. 4th, these minutes are, first of all, there are quite a few problems in this one.  On (b) under New Business, I voted “ney”.

 

(Clerk Sprague) I didn’t do those minutes, you’re saying the vote was wrong?

 

(Supervisor Krueger) Yes.

 

(Chairman Tews) Was it 4-1?  We were all here right?

 

On (c), it was Joe Trudell, so that we know who Joe is.  It says Joe, resident, maybe Joe Trudell. That would be better.

 

On Motion by Supervisor Handevidt, this would be on pg. 3, Supervisor Handevidt, second Supervisor Jurgensen, it should not be to adopt to deny the Town of Menasha clothing allowance.

 

Please refresh my memory, everyone, on the Ordinances, 1, 2, and 3.  Didn’t we do the second reading and adopt? 

 

(Chairman Tews) Yes we did. 

 

(Supervisor Krueger)  It just says second reading. 

 

(Supervisor Jurgensen)  Yes, we did on those.

 

(Chairman Tews) This is the first time the Deputy Clerk took the minutes. 

 

(Clerk Sprague)  I’ll give those changes to the Deputy Clerk.  I guess we would have to put under that situation, a motion with corrections to the Dec. 4th minutes.  There are quite a few changes.

 

(Supr. Krueger)  Dick, when he was doing his report, brought a real good point out that I think is significant and that said that our ratio was 95.20.  I think that should be reflected in the minutes because I felt that it was very important what he had to report to the Board.

 

(Clerk Sprague) I’m sorry, I wasn’t there.  Was this a reassessment, was this something he wanted to add?

 

(Chairman Tews) I think there are significant changes here on the Dec. 4th meeting, and we should hold them back.  You give these changes to the Deputy Clerk and then we will hold the minutes, and only vote on the Nov. 27th meeting.

 

(Clerk Sprague)  We do have a motion with Chairman Tews abstaining, so are we…, the motion was made by Supervisor Jurgensen, seconded by Supervisor Handevidt to adopt the minutes as submitted.

 

(Supervisor Jurgensen) I’ll withdraw my motion.

 

(Supervisor Handevidt) I’ll draw the second.

 

MOTION: Supervisor Jurgensen, second Supervisor Handevidt to rescind the December 4th minutes and send back for clarification. 

 

MOTION: Supervisor Jurgensen, second Supervisor Handevidt to approve the November 27th minutes as submitted.  Motion carried (3-0) with President Tews abstaining due to his absence at that meeting, and Supervisor Sprague excused.

 

X.        CORRESPONDENCE

 

XI.       REPORTS

Town Administrator

A.     Town Administrator

Administrator DeGrave stated he received a phone call from an individual regarding the recreational trail and it being plowed to Bondow Drive so that employees at Kimberly Clark have use of the trail.  Are there any objections when I receive permission from the County?

 

Chairman Tews – When feasible, our roads come first.  The justification is for the children using the trail who attend school.

 

Supervisor Jurgensen – I talked to Art Prosek, and he is in favor of it.  He said that if you can have it plowed up to Kim Central Credit Union and County Hwy CB, it would be great. 

 

Administrator DeGrave stated that Town Resident, Gary Bowman on Oakview Drive, wanted the cul-du-sac where he lives, asphalted.  There was discussion of Mr. Bowman reducing the size of the cul-du-sac at his expense.

 

I wanted to get a conceptual agreement and talk to Mr. Bowman stating that his request is “in the works”.

 

B.        Town Attorney – None

 

C.        Town Clerk – None

 

D.        Town Board

1.     Jeanne Krueger, Supervisor #1 –

Supervisor Krueger stated that she gave everyone a copy of an article in the Post Crescent, the  “Quiet Zone” and then it was discovered that it would not apply to us because we are a Town.  (See News article).

 

In talking to Supervisor Handevidt, they wanted those cross arms that are on Towmen Road to be moved, which he said will be.  They will be put on Stroebe Road.  Now we are creating a really quiet zone.

 

2.     Robert Sprague, Supervisor #2 – Excused

 

3.     Jerry Jurgensen, Supervisor #3 – 

Supervisor Jurgensen - I wish everyone a Merry Christmas and thank everyone for a good year.

 

4.     Russ Handevidt, Supervisor #4 –

Supervisor Handevidt agreed with Supervisor Jurgensen.

 

E.        Town Chairman

Chairman Tews stated that the corner of Irish Road and County II is a bad corner.  Let’s talk to the County about an arterial.

 

In regard to gypsy moths, ask the D.N.R. if there is a problem in our area, focusing on the Gmeiner Ditch.

 

I wish everyone a Merry Christmas and thank everyone for their participation in the Santa Float.

 

F.         Other Town Officials

George Dearborn, Director of Community Development –  None

 

Myra Piergrossi, Director of Finance

Director Piergrossi stated we are pleased to announce that we got our tax bills out today.

 

Keith Kiesow, Fire Chief  - None

 

William Weiss, Police Chief

Chief Weiss provided information regarding law enforcement and racial profiling.  As of last week, all officers have been trained regarding this issue.  We have a policy in place.

 

Richard Eiberger, Assessor

The Hwy 114 Trail Project has now been completed with a 207 reimbursement.  We received a complement regarding our effectiveness.  Richard thanked staff for an effective closure.

 

XII.             MOTIONS BY SUPERVISORS 

At 8:27 p.m., MOTION: Supervisor Handevidt, second Supervisor Jurgensen to adjourn into closed session pursuant to 19.85(c) of the Wisconsin State Statutes; considering employment, promotion, compensation or performance evaluation data of any public employe over which the governmental body has jurisdiction or exercises responsibility.  Specifically, to review job descriptions.

 

Pursuant to 19.85(g) of the Wisconsin State Statutes; the Town Board will reconvene into open session to act on any business discussed in closed session.  Motion carried unanimously, with Supervisor Sprague excused.

 

XIII. ANNOUNCEMENTS – Same as on Agenda

 

XIV. ADJOURNMENT

At  8:40 p.m., MOTION: Supervisor Handevidt, second Supervisor Jurgensen to adjourn the Regular Meeting of the Town Board of Supervisors.  Motion carried unanimously with Supervisor Sprague excused.

 

Respectfully submitted,

 

 

 

Carlene L. Sprague

Town Clerk