REGULAR
MEETING OF THE
TOWN
BOARD OF SUPERVISORS
Municipal
Complex - Assembly Room
Monday,
March 26, 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 6:40 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
Jerry
Jurgensen, Supervisor #3 Greg
Curtis, Town Attorney
Russ
Handevidt, Supervisor #4 Keith
Kiesow, Fire Chief
Karen Tweedie,
Deputy Clerk Carl Sutter, Town
Engineer
Patrick
DeGrave, Administrator Susan
Phillips, Fire Marshal
Jeff Smith,
Associate Planner George
Dearborn, Dir. of Com. Dev.
William Weiss,
Police Chief Randy Gallow,
Street Superint.
EXCUSED:
Carlene
Sprague, Town Clerk
Bob Sprague,
Supervisor #2
ALSO PRESENT:
Richard
Carlson, Repr. Hooyman Michael
Gurlski
Betty Zaborsky Mike
Lettier
Joe Trudell Sue
Hoyman
Randy Delare Chris
Hoyman
John Martin
Robert Francart
Claire Martin
A.
John Scudder – Neenah School Board Candidate
School Board Candidate John Scudder, 2094 W. Prairie Creek
Drive, introduced himself to the Town Board.
He offered to make a commitment
to the town and a contribution to the community. Mr. Scudder stated that we need to take care of our kids and provide them with a safe environment.
Supervisor
Krueger voiced grave concern regarding the referendum whereas the school
district is asking for $600,000.00 over the state’s allotted cap without the
presenting of any kind of a budget or guidelines to the taxpayers.
Mr.
Scudder answered that he understood that we need to find other resources such
as looking at the budget and market it and not to hide anything under the
table. He stated this needed to be a
referendum for the citizens to vote.
Supervisor
Handevidt stated his personal belief is that we prepare our kindergarten to
senior children for college. He
expressed his opinion that the Neenah School system is spending more
proportionately on gifted children than learning disabled children and not
willing to hire enough qualified people to get them up to college standards.
III. PUBLIC FORUM – NON-AGENDIZED TOWN
RELATED MATTERS
IV.
DISCUSSION ITEMS
V. OLD BUSINESS
A.
010226-10:
Rezoning – Davel Engineering (008-0250)
Director of Community
Development, George Dearborn stated staff recommendation to deny both the
rezoning and conditional use permit to the County. Applicant indicated a meeting to formally deny, although George
had not seen such notice.
Chairman Tews
asked whether the committee had the chance to meet with the developer. George Dearborn stated that they did.
Supervisor
Handevidt asked whether he heard correctly, that staff recommended approval,
but the planning commission did not.
George Dearborn stated this to be correct. Mr. Dearborn stated that all projects are based on the
comprehensive plan and, this could have been approved but it was not what the
citizens wanted and that he envisioned a change in the plan in the next 30
months.
Supervisor
Krueger asked whether this was appropriate according to our comprehensive
plan.
Chairman Tews
indicated about 60 people were in attendance (against this) at the Planning
Commission Meeting.
MOTION:
Supervisor Jurgensen, second Chairman Tews to deny the rezoning for Davel
Engineering from B-3 (General Business) to R-5 Planned Residential District as
submitted. Motion carried unanimously.
B.
010226-12:
Conditional Use Permit – Davel Engineering (008-0250)
MOTION:
Supervisor Jurgensen, second Supervisor Krueger to deny the conditional use
permit for Davel Engineering as submitted.
Motion carried unanimously.
VI.
NEW BUSINESS
A.
010326-1:
Expenditures
MOTION:
Supervisor Handevidt, second Supervisor Jurgensen to adopt to approve the
expenditures with the exception of (none).
Motion carried unanimously.
B. 010326-2: Bridgeview Gardens Inquiry
Resident Joe
Trudell questioned what this was in regard to.
Chairman Tews
explained that some work was done in the town in 1994. Town staff and administration discovered
only a few months ago that Bridgeview Gardens were never billed. “I want it very clear that this Town Board
did not know about this until we recently found it out. We are doing everything in our power to find
out what happened.”
Joe Trudell
wondered whether the Board could give details.
Administrator
DeGrave said the details were public record stating that $242,000.00 of agreed
upon roadwork had been done at Bridgeview Gardens. He further stated that the Finance department had never invoiced
Bridgeview Gardens. He further explained when Myra Piergrossi took over the
finance department, the road work was invoiced to Rick Rand, owner of
Bridgeview Gardens. The developer
chose not to pay it so the town litigated.
Bridgeview Gardens then counter-sued and a settlement was proposed and
accepted by the board two weeks ago in the amount of $144,000.00. Mr. DeGrave stated that this resolution
would give him and staff authority to find out who dropped the ball. Statute of limitations was one of the major
problems in this case.
MOTION:
Supervisor Krueger, second Supervisor Handevidt to adopt the resolution to
initiate an inquiry into the matter of Bridgeview Gardens Mobile Home Park
infrastructure construction and related invoicing as submitted. Motion carried unanimously.
MOTION: Supervisor
Krueger, second Supervisor Jurgensen to approve setting a Public Hearing on
April 16, 2001 for preliminary special assessment reconstruction of Jacobsen
Road from Cold Spring Road to American Drive as submitted. Motion carried unanimously.
D.
010326-4: Set
Public Hearing – Special Assessment Cold Spring Road
MOTION: Supervisor Jurgensen, second Supervisor Handevidt to approve setting a Public Hearing on April 30, 2001 for preliminary special assessment reconstruction of Cold Spring Road from Jacobsen Road to East Shady Lane as submitted. Motion carried unanimously.
E.
010326-5: Approve
Street Light Agreement – High Plains Meadows Phase II
MOTION: Supervisor Handevidt, second Supervisor
Krueger to adopt to approve the street lighting agreement for High Plains
Meadows, Phase II, as submitted. Motion
carried unanimously, with Chairman Tews abstaining.
F.
010326-6:
Certified Survey Map – Airport Corp. (008-0091, 008-0091-03)
MOTION: Supervisor Krueger, second Supervisor Jurgensen to adopt to approve the certified survey map for Airport Corporation as submitted. Motion carried unanimously.
G.
010326-7:
Certified survey Map – John Pagel (008-0422, 008-0422-03)
MOTION: Supervisor Krueger, second Supervisor Handevidt to adopt to approve the certified survey map for John Pagel, 1516 Plank Road, as submitted. Motion carried unanimously.
H.
010326-8:
Variance – Hoyman 2333 Palisades Drive (008-1077)
MOTION: Supervisor Krueger, second Supervisor Handevidt to adopt to approve the variance for Sue and Christopher Hoyman for a garage addition as submitted. Motion carried unanimously.
I.
010326-9: Preliminary and Final Plat – Clover Meadows
MOTION: Supervisor Handevidt, second Supervisor Krueger to adopt to approve the preliminary and final plat for the first addition to Clover Meadows as submitted with the following condition:
1.
Favorable approval from all agencies and municipalities with approval
authority.
Motion carried unanimously.
VII. ORDINANCES
A. 010312-1:POL Personnel Policy Chapter 16 – Sick Time
SECOND READING
& ADOPTION
MOTION: Supervisor Handevidt, second Supervisor
Jurgensen to accept the second reading and adoption to amend Chapter 16 of the
Personnel Policy, as submitted. Motion
carried unanimously.
B. 010326-1:AGR Cable Franchise Agreement
FIRST READING
Supervisor Krueger opened discussion
on the agreement to try to change the length from fifteen to a ten-year
agreement.
Administrator DeGrave stated he
would try to renegotiate it.
MOTION: Supervisor Handevidt, second Supervisor Jurgensen to accept the
first reading of the cable franchise agreement. Motion carried unanimously.
VIII. RESIGNATIONS/APPOINTMENTS
A.
010326-1:APPT
Street Laborer – Jonathan Zimmer
MOTION: Supervisor Handevidt, second Supervisor Jurgensen to adopt to
approve the appointment of Jonathan Zimmer to the vacated street laborer
position effective April 9, 2001, with conditions, at a starting salary in
accordance with the union contract wage as submitted. Motion carried
unanimously.
MOTION: Supervisor Handevidt, second Supervisor Jurgensen to accept the minutes as submitted. Motion carried unanimously.
X. CORRESPONDENCE
XI. REPORTS
A. Town Administrator
Administrator DeGrave mentioned a letter from the Town of Vinland
in regard to committee appointments to the WTA Winnebago County unit. He stated that he would contact WTA if there
is interest in serving.
In the Clerk’s
absence, Deputy Clerk Karen Tweedie reported that Clerk Sprague requested
pricing from the Fox Cities Newspapers regarding an ad for the change of
polling places. The minimum size
reported would be 1/8 page, which would publish in two newspapers, The Scribe and
The Spirit in the amount of $85.00 ea.
Supervisor
Krueger questioned the high cost of professional printed flyers and postage
being sent out to residents regarding polling locations. Krueger felt this should have been
accomplished by postcards as in the past and stated that all employees should
comply with the town’s purchasing policy instead of going ahead and making
acquisitions on their own.
Administrator
DeGrave expressed that all employees are asked to follow the purchasing policy,
however, it is more difficult to enforce with the town clerk being an ‘elected’
position.
MOTION: Supervisor Jurgensen, second Supervisor
Handevidt to place the ad for change in polling places in two newspapers. Votes 3-1, with Supervisor Krueger voting
no.
1.
Jeanne Krueger, Supervisor #1
Supervisor Krueger stated that she enjoyed working the
recent home show at the Tri-County Ice Arena and spoke with residents in-favor
and not in-favor of the towns proposed name change. She felt a referendum would be appropriate to see what the majority
of the townspeople want.
Supervisor Jurgensen commented on the petition regarding the
name change. He stated that 750
signatures were required, however, he would strive for 1000 signatures.
2.
Robert Sprague, Supervisor #2 – No
report
3.
Jerry
Jurgensen, Supervisor #3 – No report
4.
Russ Handevidt, Supervisor #4
Supervisor Handevidt commented on the policy for ordering
business cards for himself.
E. Town
Chairman
Chairman Tews thanked Community Development Director George
Dearborn for taking his place at the Home Show in his absence.
F. Other
Town Officials
George Dearborn, Director of Community
Development
Director Dearborn commented that the number of multiple family permits issued for this year far exceeds last year.
Town Engineer, Carl Sutter – Carl Sutter stated that the east-end storm sewer will
become the roundabout with Pheifer Construction to start in May.
The cost to run storm sewer pipe under the roundabout will
cost approximately $20,000.00 and would have to go into the agreement with the
DOT as part of the project with the town being responsible for costs.
Administrator DeGrave stated we could wait two weeks to add
on to the DOT contract.
Keith Kiesow, Fire Chief
Chief Kiesow commented on the Spire Act Grant. Application is from April 2 to May 2 to
apply for the grants, and requires a 10% match from the community with
substantial savings to the town. 5,000
to 6,000 departments are applying for this grant.
Under $1,000.00, (10%) will go to the town to purchase
equipment, laptop computers,
etc .
He discussed the amount, which will go to the town at year’s end, to be between $1,500 to $2,500 dollars for purchase of such items as auto defibrillators, etc.
Chief Kiesow spoke with Dave McFadden of Fox Valley
Technical College. Fox Valley needs to
store their fire truck and asked whether the town would store the truck at Fire
Station #41 and, in exchange, the firefighters could use the truck for training
purposes. Questions arose as to who
would insure the truck. It was
suggested that the town creates an agreement and report back to the board
members.
Reminder: There will be a house burning on Saturday, March
31st at 8:00 a.m. on Appleton Road for those who would like to
attend.
Susan Phillips, Fire Marshall
Susan Phillips thanked the Town Board for the opportunity to
attend the Fire Emergency Management Academy for two weeks. She gave a report to the board of her
schooling and classes, and stated she was only one of two women in the class,
the only one from Wisconsin.
Street Superintendent, Randy Gallow
Superintendent Gallow introduced the newly hired street laborer, Jonathon Zimmer.
He also commended those in his department who have endured
some very rough times with the loss of a co-worker, a few who have sustained
injuries and one who had a house fire which made the department short-handed at
times. Randy thanked them all.
Superintendent Gallow stated
that Milbach Construction would be breaking ground for the building addition,
starting Monday, April 2nd with completion to be approximately the 1st
of August.
XII. ANNOUNCEMENTS – Same as on Agenda
XIII.
MOTIONS BY SUPERVISORS
At 8:05 p.m., MOTION: Supervisor Krueger, second Chairman Tews to convene into closed session pursuant to 19.85(1)(g) 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 discuss Bogdan Vitas, Jr. lawsuit.
Pursuant to
19.85(2) of the Wisconsin State Statutes; the Town Board will reconvene into
open session to act upon any business discussed in closed session.
XII.
ADJOURNMENT
At
8:56 p.m., MOTION: Supervisor Jurgensen, second Supervisor Handevidt adjourn
the Regular Meeting of the Town Board of Supervisors. Motion carried unanimously.
Respectfully
submitted,
Karen J. Tweedie
Deputy Clerk