REGULAR
MEETING OF THE
TOWN
BOARD OF SUPERVISORS
Municipal
Complex - Assembly Room
Monday,
February 12, 2001
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.
Deputy Clerk,
Karen Tweedie, 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 Greg Curtis, Town Attorney
Karen Tweedie, Deputy Clerk Carl
Sutter, Town Engineer
Patrick DeGrave, Administrator Richard Eiberger, Town Assessor
William Weiss, Police Chief Keith
Kiesow, Fire Chief
George Dearborn, Dir. of Com. Dev. Ron Krueger, Park Director
Randy Gallow, Street Superint.
EXCUSED:
Carlene Sprague, Clerk
Myra Piergrossi, Dir. of Finance
ALSO PRESENT:
Chuck Kamp,
Valley Transit Sarah
Condun
Howard
Healy
Trevor Frank, Omnni Assoc.
Charlene
Lowe, Cty Exec. Candidate Sue Tiede
William
Degeneffe, Palisades Prop. Ty
Tiede
Todd
Engleman Mike
Milbach, Milbach Constr.
Joe Trudell Penny
Bernard Schaber, Fox Valley Sierra Grp
Robert
Francart Peggy
West, Town Resident
Andrea Huza John
Wiley
Paul
Patrie, Robert W. Baird
County
Executive Candidate, Charlene Lowe, introduced herself and announced her
intention to seek the office of Winnebago County Executive on February 20,
2001. Members of the Town Board shared
the following questions for the Candidate:
William
Degeneffe, representing Palisades Properties, Inc., mentioned a technicality on
a bid and asked for clarification from Charlene Lowe.
William
Degeneffe mentioned that from time to time, you hear that the Winnebago County
Board size should be reduced. How do
you feel about that?
Answer: Charlene Lowe stated she has a problem with
arbitrarily reducing size without careful analysis, and with representation by
the Towns.
Supervisor
Handevidt stated that the landfill site and recycling is coming up. How is it cost effective, he asks Charlene
Lowe?
Answer: There is an attempt to share revenue, and if
not done, it will be cut.
Supervisor
Handevidt commented on the Kettl Commission, with a potential bill going to the
state on communities of smaller size, and the change in law to do their own
zoning. It is a duplication of services.
He questioned whether we can do our own zoning? Where do you stand?
Answer: We should all work together with
County. The plans should be done first.
IV. DISCUSSION ITEMS
A.
Fox Valley
Transit Presentation
Charles Kamp,
Manager of Fox Valley Transit, presented a five-year plan for Route 40.
He discussed who rides, where riders
get on, how many riders per hour, and where they live etc. He stated that Fox Valley Transit does well
in the valley, when comparing it to Statewide and Nationwide. (See attached).
Chairman Tews
asked how many years we have been in the contract?
Charles Kamp
stated we are in the third year, with two years completed and we are growing.
Chairman Tews said we know when we
started that it would take a while before we would get more riders in the Town.
William
Degeneffe asked whether this system in the Town of Menasha will break even?
Charles Kamp
predicted that in the foreseeable future, we may need funds.
Supervisor
Handevidt expressed the cost effectiveness when purchasing fuel for Fox Valley
Transit.
Charles Kamp
stated we are not required to.
Chairman Tews
stated we have been going through Valley Transit for four to five years. It was less expensive and riders could go
travel a broader area as compared to State 40.
Charles Kamp
mentioned the American Disabilities Act, and the specialized accommodations for
handicapped which are included in the cost.
Supervisor
Handevidt asked what three communities pay for Route 40, and what proportion
does the Town pay to operate this route?
Charles Kamp
answers 40 to 50% is in the Town of Menasha.
Supervisor
Handevidt expressed the cost effectiveness with Fox Valley Transit. He stated we are paying disproportionately,
twice the amount to ride Route 40, and feels it is unfair to the Residents.
Chairman Tews commented that at the
time we originated the contract with Fox Valley Transit, it was more affordable
to go to a greater, broader area than to go out on our own (at that time). We can look at the plan again this year.
B.
Presentation
R. W. Baird – Debt Refinancing and New Issues
Paul Patrie,
First Vice President of Robert W. Baird & Co., held a discussion on
financing alternatives, and plans to draft an Engagement Letter. A tentative plan was presented to the Town
Board. He stated that a plan on
financing of some capital projects, were brought to him by Administrator
DeGrave. See the attached Financing Plan.
Included in
the plan:
1st Plan – Promissory
Note Issue: Amount $3,270,000 (April 1, 2001) with first payment in 2002 at
4.4% interest rate.
Refunding Bond
Issue
– Amount $1,090,000 and runs concurrent with Promissory Note Issue
to refinance
the last 3 maturities of 1994 issue, with an average interest rate of 3.6%.
R. W. Baird’s
Financial Advisory Fee is $7,500 for the Note, Bond, and Engagement Letter.
Bond Counsel
Fees and Printing Fees amount to $4,685.00 (Town of Menasha’s money).
Water and
Sewer Revenue Bond Issue amounts to $3,275,000 for 20 years at 4.87%.
Chair Tews
asked whether there are any special assessments figured in?
Paul Patrie
stated that there are some assessments, but not all are included.
Supervisor
Sprague asked what our rate is, for debt per thousand?
Administrator
DeGrave stated the plan shows $1.30 for 2001, which does not show any
offsetting revenue coming in.
Paul Patrie
adds that it could go to $1.15 or $1.20 after all the special assessments are
put in.
Administrator DeGrave asked if both
issues commence in March or April, how much time will be spent before arbitrage
will kick in?
Paul Patrie
stated a timeframe of 30 to 45 days to get an Official Statement, Prospectus,
Official Notice, etc.
V. OLD BUSINESS
VI. NEW BUSINESS
A.
010212-1:
Expenditures
MOTION: Supervisor Sprague, second Supervisor Jurgensen to adopt the resolution and approve the expenditures with the exception of (none). Motion carried unanimously.
B. 010212-2: Award Contracts for Street
Garage Addition
MOTION: Supervisor Sprague, second Supervisor Krueger to adopt the resolution and approve the following bids as submitted. Motion carried unanimously.
General
Contractor – Milbach Construction
Services Co., 2618 Ballard Rd., Appleton, WI 54911 for general construction
consisting of sitework, concrete, masonry, metal erection, building insulation,
joint sealant, doors, windows and painting for the amount of $520,582.00.
Fire
Suppression Contractor – Kranski & Sons, Inc., 8718 U. S.
Hwy. 45, Neenah, WI for fire suppression system consisting of fire suppression
piping and sprinkler system for the amount of $29,670.00.
Mechanical
Contractor – Paul Van Zeeland Heating, Inc., 400 Moasis Drive, P.O. Box
248, Little Chute, WI 54140-0428 for basic mechanical system consisting of the
heating and ventilating systems for the amount of $106,950.00.
Plumbing
Contractor – B & P Mechanical Inc., 3200 W. Highland Dr., Appleton,
WI 54914 for plumbing system consisting of domestic water piping and underground
pipes and drains for the amount of $33,700.00.
Electrical
Contractor – G & L Electric Inc., 301 Kensington Dr., Appleton, WI
54915 for electrical system consisting of electrical service panels, lights,
receptacle outlets and fire alarm system $57,474.00.
MOTION:
Supervisor Sprague, second Supervisor Krueger to adopt the resolution and
approve the Moving Permit Application granted to C. EIS Construction, Inc. to
move a home from 934 Tayco Street out of the Town of Menasha as submitted. Motion carried unanimously.
D.
010212-4: Land
Donation and Nextel Tower
Howard
Heely, representing William Degeneffe, discussed a proposal with the Town to
donate land and move the telephone tower on to this land from the park. A petition from residents is presented to
the Town Board.
Administrator
DeGrave asked if anyone had checked with Winnebago County to determine if there
would be access to Valley Road with a 12-foot wide street?
Chairman
Tews asked if he is proposing we move the tower in excess of 50 feet? Is that what these 50 people are
petitioning?
Supervisors
question who wrote the petition?
Howard
Heely states that Mr. Degeneffe wrote it.
Administrator
DeGrave asked if the people who signed the petition know that the land is not
being donated, but will revert back to private ownership upon termination of
the lease?
William
Degeneffe said the donation is for the purpose of the tower. Once the tower is not there, the town will
have an isolated piece of land.
Ron
Krueger, Parks Director, remarks on the town opening up this contract. He asked the Town Board to leave the tower
where it is. We already have a signed,
sealed agreement.
We
do not want to loose it.
Administrator
DeGrave asked whether there has been an environmental assessment done on the
old railroad property, so that the Town knows before acceptance of this
property?
Howard
Heely stated there is no risk to the current deal. You have your valid lease and the property.
Town
of Menasha Resident, John Wiley, asked what happens after the lease expires and
the Town asks for an extension of the lease on this land?
Howard
Heely said there are no re-negotiations.
Town
Attorney, Greg Curtis, stated that we do have a valid, legal and binding
contract.
John
Wiley agrees with the prospective re-location of the tower.
Administrator
DeGrave stated he had received a call from Laura Beck, Attorney for Nextel, who
contacted him regarding re-negotiating:
1)
Article #14 – Fee / Match the $1,000 per month
2)
Article #20 – Co-location
He
stated it seems they would like us to negotiate this quickly.
Penny
Bernard Schaffer, from the Fox Valley Sierra Group, would like the tower moved
so it is not on what would be parkland.
Town
Resident, Joe Trudell, stated he was not aware, nor notified of the placement
of the tower.
Chairman
Tews clarified that we had a Public Hearing and that all involved were
notified.
Joe
Trudell was offered information on the tower.
Chairman
Tews asked the Town Board if we can approve this tonight, but in no way loose
the contract with Nextel?
Peggy
West, 1526 George Street, said that she has observed High School to College age
kids who play football in the area where the tower will be located and that it
will be taken away.
Attorney
Curtis asked if we can accept this, subject to environmental issues and final
approval with the Town Board, and subject to Nextel amending the contract?
Chairman
Tews asked the Town Board if Administrator DeGrave can meet with Nextel to get
an Amendment and give him the latitude to decide whether he feels we will loose
the contract?
MOTION: Supervisor Handevidt, second Supervisor Jurgensen to adopt the resolution
and authorize to negotiate the agreement with Nextel WIP Lease Corp. for a ground
lease in Palisades Park for the
construction of a cellular telephone tower, along with other written proposals,
provided Mr. Degeneffe can secure permission from Winnebago County to access
Valley Rd. to the property as submitted.
Votes are 3-2, with Supervisors Jurgensen and Handevidt and Chairman
Tews voting yes and Supervisors Krueger and Sprague voting no to authorize
Administrator DeGrave to negotiate with Nextel.
E.
010212-5:
Approve Out-of-State Travel and Budget Transfer for Storm Water Utility Seminar
MOTION:
Supervisor Sprague, second Supervisor Handevidt to adopt the resolution and
approve the out-of-state travel for the Town Administrator to attend the ASCE
seminar on Stormwater Utilities in Indianapolis, IN on April 23rd
and 24th, 2001 as submitted.
Motion carried unanimously.
F.
010212-6:
Engagement Letter from Robert W. Baird as Town of Menasha Financial Counsel
MOTION:
Supervisor Sprague, second Supervisor Jurgensen to adopt the resolution and
accept as submitted a three-year engagement agreement with Robert W. Baird to
provide financial advice to the Town and authorize the Town Chairman to sign
the agreement on behalf of the Town.
Further that the Financial Advisors assigned to the Town of Menasha will
be: Mr. Paul Patrie, First Vice President – Mr. Brad Viegut, Vice President –
Mr. Keith Kolb, Managing Director.
Motion carried unanimously.
MOTION: Supervisor Sprague, second Supervisor
Handevidt to adopt the resolution and approve to support proposed legislation
regarding double taxation as submitted.
Motion carried unanimously.
MOTION:
Supervisor Sprague, second Supervisor Jurgensen to adopt the resolution and
approve the change order No. 3 for West American Drive which adjusts the
contract price to $1,068,277.21 for an increase of $121,788.56 as
submitted. Motion carried unanimously.
I.
010212-9:
Approval to Explore Feasibility of Constructing a Roof Over the Little Lake
Butte des Morts Pedestrian Trail
MOTION:
Supervisor Sprague, second Supervisor Handevidt to adopt the resolution and
approve to authorize the Town Administrator and staff to explore the
feasibility and costs associated with the construction of a roof over the
pedestrian trail on the abandoned railroad bridge over Little Lake Butte des
Morts as submitted. Motion carried
unanimously.
J. 010212-10: Authorize Payment of 2001
Urban Town’s Association Membership Dues
MOTION:
Supervisor Jurgensen, second Supervisor Handevidt to adopt the resolution and
authorize the Town Administrator to pay the Town of Menasha membership dues for
the year 2001 in the amount of $3,000 from account number 51100-320-000 as
submitted. Motion carried unanimously.
K. 010212-11:
Acknowledge Official Start Date for Mr. Richard Eiberger, Assessor
MOTION:
Supervisor Jurgensen, second Supervisor Sprague to adopt the resolution and
approve the official date of hire as November 27, 1979 for Mr. Richard Eiberger
as submitted. Motion carried
unanimously.
L. 010212-12: Individual Amusement License
– Tri County Ice Arena – Antiques Showcase and Sale
MOTION:
Supervisor Sprague, second Supervisor Krueger to adopt the resolution and
approve the Individual Amusement License to Tri County Ice Arena for Alpaca and
Llama Show on Saturday and Sunday, March 31st and April 1, 2001 as
submitted. Motion carried unanimously.
N.
010212-14: Individual Amusement License – Tri County
Ice Arena – Post Crescent Home and Garden Show
MOTION:
Supervisor Handevidt, second Krueger to adopt the resolution and approve the
Individual Amusement License to Tri County Ice Arena for Post Crescent Home and
Garden Show on Friday, Saturday, and Sunday, March 23rd, 24th
and 25th, 2001 as submitted.
Motion carried unanimously.
O.
010212-15:
Individual Amusement License – Tri County Ice Arena – Antique Show
MOTION:
Supervisor Krueger, second Supervisor Jurgensen to adopt the resolution and
approve the Individual Amusement License to Tri County Ice Arena for Antique
Show on Saturday, April 14th, 2001 as submitted. Motion carried unanimously.
VII. ORDINANCES
A. 010212-1:POL Chapter 22 Section H – Family Medical Leave
Act
FIRST READING
MOTION:
Supervisor Sprague, second Supervisor Jurgensen to accept the first reading of
the Town of Menasha personnel policy Chapter 22, Section H, pertaining to the
provisions of the Family Medical Leave Act as submitted. Motion carried unanimously.
VIII. RESIGNATIONS/APPOINTMENTS
A.
010212-1:RESIGN Building Inspector Len Moes
MOTION: Supervisor Krueger, second Supervisor
Sprague to adopt the resolution and accept the resignation of Leonard H. Moes
from the position of Building Inspector, with regret, effective April 30, 2001
as submitted. Motion carried
unanimously.
B.
010212-2:RESIGN Paid on Call Firefighter – Thomas Diedrich
MOTION: Supervisor Krueger, second Supervisor
Sprague to adopt the resolution and accept the resignation of paid-on-call fire
fighter Thomas Diedrich, with regret, effective February 13, 2001 as
submitted. Motion carried unanimously.
MOTION: Supervisor Sprague, second Supervisor Jurgensen
to approve the January 8, 2001 Minutes.
MOTION: Supervisor Sprague, second Supervisor
Jurgensen to amend the Minutes that Supervisor Handevidt voted “no” on F.
010108-6 Fire Dept Personnel Wage Adjustments.
Motion carried (4-0), with Chairman Tews abstaining due to his absence
from the meeting.
MOTION: Supervisor Sprague, second Supervisor
Jurgensen to approve the Minutes as amended.
Supervisors Krueger and Handevidt voted no, Supervisor Jurgensen and
Sprague voted yes, and Chairman Tews abstained. Motion failed (2-2).
Administrator
DeGrave asked if there were any further amendments to the January 8th
Minutes?
(No
response).
Administrator
DeGrave stated that due to the fact that these Minutes have a failed vote, and
there are no further amendments, the Minutes for January 8th will
not be brought back. They will not be
approved.
MOTION:
Supervisor Sprague, second Supervisor Jurgensen to accept the minutes as
submitted. Motion carried (4-0), with Supervisor Krueger abstaining.
X.
CORRESPONDENCE
A. Fireline –
February 2001
MOTION: Supervisor Sprague, second Supervisor
Jurgensen to accept the correspondence for filing. Motion carried unanimously.
XI. REPORTS
Town
Administrator
A. Town Administrator
Administrator
DeGrave stated that there will be discussion with the Personnel Committee
Meeting on Tuesday at 3:30 p.m. with regard to replacement of Building
Inspector, Mr. Len Moes.
Administrator
DeGrave mentioned his attendance to one meeting of the “Local Issues
Committee”, being chaired by Chamber of Commerce and held at Fox Valley Tech.
There was
discussion of the Kettl Commission Report.
Administrator DeGrave stated we have 9 months of work on this document
and they have not read it. He would
like to put together a letter, signed by representatives in community, to say
that before the Kettle Report is dead in the water, it should at least be read
first.
MOTION: Supervisor Handevidt, second Supervisor
Jurgensen to let Chairman Tews sign a request to the State to at least read the
Kettl Commission Report. Motion carried
unanimously.
1.
Jeanne
Krueger, Supervisor #1 –
Supervisor
Krueger stated that she would like to receive offers of names of anyone they
would like to consider for “The Business and the Individual of the Year Award”.
Supervisor
Krueger has requested all Closed Meeting Minutes from the last two years. They will be reviewed by the Town Attorney
as to the release of these meetings for this request.
2.
Robert
Sprague, Supervisor #2 – None
3.
Jerry
Jurgensen, Supervisor #3 –
Supervisor
Jurgensen stated his concern with the solid waste disposal, the sharing with
three counties, and whether the Town will have input.
4.
Russ
Handevidt, Supervisor #4 – None
E. Town Chairman
Chairman Tews
asked whether anyone wanted to be on the Board of Fox Valley Technical
College. They are looking for one
employee, one employer and one member.
Chairman Tews
expressed his concern with work being done at the Towers Mobile Home Park. The Utility District has gas, power, water
and sewer exposed in this area and there is concern that children may easily
gain access and get hurt. Yellow tape
has been suggested to cordon off the area.
Chairman Tews asked whether there was live wire in that area?
Richard
Eiberger, Assessor, stated yes and disconnects are not being made.
Supervisor
Krueger said she would like to get an Ordinance change.
Attorney
Curtis stated the need to stiffen penalties so they do care.
F. Other Town
Officials
George Dearborn, Director of Community
Development –
Director
Dearborn commented in regard to the gypsy moth problem, in particular,
Winnebago County being under quaranteed.
Lori Jencks, Deputy Building Inspector, did research, with a report
presented by George Dearborn.
Myra Piergrossi, Director of Finance – Excused
Keith Kiesow, Fire Chief –
Chief Kiesow
stated that they have begun insulation at Fire Department Station 40.
Chief Kiesow
expressed his concern when this past week regarding three officers who had
responded to a man with a gun in the area of American Drive. With this type
situation and the confusion this created, officers questioned which American
Drive they were responding to and it delayed their response time. It was also mentioned that there are three
Coldspring Roads in the Town of Menasha.
The Town Board mutually agreed that the street names create a problem
and this should be looked at.
Administrator
DeGrave asked whether the Board is willing to entertain name changes while
roads are being build in the Town? All
agreed. Administrator DeGrave suggested
that something be brought back soon.
Richard
Eiberger, Assessor, offered his assistance.
XII.
MOTIONS
BY SUPERVISORS
XIII. ANNOUNCEMENTS –
Same as on Agenda
XIV. ADJOURNMENT
At
8:15 p.m., MOTION: Supervisor Sprague, second Supervisor Krueger to
adjourn the Regular Meeting of the Town Board of Supervisors. Motion carried unanimously.
Respectfully submitted,
Karen J.
Tweedie
Deputy Clerk