Submitted for Approval May 5, 2003

TOWN BOARD OF SUPERVISORS REGULAR MEETING

Municipal Complex - Assembly Room

Monday, April 28, 2003

 

MINUTES

 

1)        CALL TO ORDER, PLEDGE OF ALLEGIANCE

Chairman Arden Tews called the meeting to order at 6:00 p.m. and led the Pledge of Allegiance. 

 

PRESENT: Arden Tews, Chairman        Barbara Hanson, Supv. #1       Scott Sauer, Supv. #2

Jerry Jurgensen, Supv. #3                     Russ Handevidt, Supv. #4         

 

ALSO PRESENT: James Archambo, Admin.     Jeanne Krueger, Clerk     Greg Curtis, Town Atty. 

Lee Reibold, Town Engr.      Rod McCants, Police Chief           Myra Piergrossi, Finance Dir.        

George Dearborn, Com. Dev. Dir.     Richard Eiberger, Assessor   Randy Gallow, Street Supt.

Keith Kiesow, Fire Chief     Capt. Tom Gritton   Lt. Mike Gallagher    Joe Nemecek    Peter Fetters       Bruce Anunson    Marilyn Anunson    Claude Foster   Lind Van Dyke       Gloria Kabke  

Amy Jo Aylward   Richard Aylward     Rick Kirstein     Leo Grimes             Angele Hamilton

Dennis Hamilton   Carla Dove              David Thone     Ron Pavlak             Mike King/Post Crescent

Terry Bomier         Dan Krause            Richard Dekleyn        Claire Peterchak/Robt W. Baird & Co.  

 

2)        AWARDS / PRESENTATIONS

a)         Training – Captain Gritton and Lieutenant Gallagher

Town of Menasha firefighters, Capt. Tom Gritton and Lt. Mike Gallagher explained their recent trip to Indiana where they attended classes for officer’s training.  Among these classes were documentation of liability, correct procedures for survival skills, driver training courses and rapid decision-making.  They thanked the board of supervisors for allowing their out-of-town training. 

 

b)        Radon Awareness – Deputy Building Inspector Peter Fetters spoke on the naturally occurring gas and training he received through a state grant.  He stated this training and homework has made him feel more confident and better able to assist residents with questions and concerns about Radon.

                                               

3)        PUBLIC FORUM – NON-AGENDIZED TOWN RELATED MATTERS

Mr. Don Krause, Shreve Lane, complained of the problems he is having with smoke around and in his home from the burning of leaves, grass and other debris  from nearby neighbors near CTH CB and Hwy 41.  Chairman Tews recommended he attend a town of Neenah board meeting and request an ordinance for limited or no burning.

4)        DISCUSSION ITEMS

5)        OLD BUSINESS

 

6)       NEW BUSINESS

a)        030428-1: Rezoning Department of Transportation – American Drive - Nemecek

MOTION: Handevidt/Sauer to adopt to approve as submitted.  Motion carried.

 

b)        030428-2: Certified Survey Map – 1089 Irish Road - Schwartzbauer

MOTION: Handevidt/Jurgensen to adopt to approve as submitted.  Motion carried.

 

c)         030428-3: Certified Survey Map – Lakeshore Dr. - Pflum 

MOTION: Handevidt/Hanson to adopt to approve as submitted.  Motion carried.

 

d)       030428-4: Preliminary and Final Plat for Alaskan Acres – Irish Road North East Shady Lane

MOTION: Handevidt/Hanson to adopt to approve as submitted.  Motion carried.

 

e)       030428-5: Preliminary Plat for Meadow Heights–W. American Drive and Clayton Rd.

MOTION: Handevidt/Jurgensen to adopt to approve as submitted.  Motion carried.

 

f)        030428-6: Cost Revision to Street Light Placement Indian Wood Court

MOTION: Handevidt/Jurgensen to approve.  After discussion, Supvs. Handevidt and Jurgensen rescinded their motions.  MOTION:  Handevidt/Jurgensen to TABLE.  Motion carried unanimously.

 

g)       030428-7: Approve Moving Permit from 994 Racine Street to Out of the Town of Menasha

MOTION: Hanson/Sauer to adopt to approve as submitted.  Motion carried.

 

h)       030428-8: Award Bid 2003 Chip Sealing Program

MOTION: Handevidt/Jurgensen to adopt to approve as submitted.  After discussion, Supvs. Handevidt & Jurgensen rescind their motions. 

MOTION: Handevidt/Sauer to DELAY to May 5 Town Board meeting.  Motion carried.

 

i)        030428-9: Award Bid 2003 Crack Sealing Program

MOTION: Handevidt/Jurgensen to adopt to approve as submitted.  Motion carried.

 

j)          030428-10: Award Bid 2003 Street Resurfacing Program

MOTION: Handevidt/Hanson to adopt to approve as submitted.  Motion carried.

 

k)       030428-11: Authorize Sale of Items for 2003 Auction

MOTION: Handevidt/Hanson to adopt to approve as submitted.  Motion carried.

 

l)          030428-12: Authorize the Use of Surplus Recycling Funds

MOTION: Handevidt/Hanson to adopt to approve as submitted.  Motion carried.

 

m)        030428-13: Winnebago County Elimination of Blue Bags

MOTION: Hanson/Sauer to adopt to approve Option No. 1, and“No” to the Town using Winnebago County to serve as broker for the purchasing of bulk quantities of recycling bins.  Motion carried.

 

n)        030428-14: Recommending Approval of Vice-Chair for Town Board Meetings

MOTION: Hanson/Handevidt to adopt to approve the appointment of Supv. Jerry Jurgensen to fill the Vice-Chair position till the expiration of his term.  Motion carried.

 

o)        030428-15: Proclamation – Municipal Clerks’ Week

MOTION: Handevidt/Hanson to adopt to approve as submitted.  Motion carried.

 

p)        030428-16: Approve 2003 Stewardship Grant Application for Outdoor Recreation Aids

MOTION: Handevidt/Hanson to adopt to approve as submitted.  Motion carried.

 

q)        030428-17: A Resolution Authorizing the Town of Menasha to Borrow the Sum of $1,300,000 by Issuing General Obligation Promissory Notes Pursuant to Section 67.12(12) of the WI Statutes and Authorizing the Sale of Notes

MOTION: Handevidt/Jurgensen to adopt to approve as submitted.  On roll call, motion carried unanimously.

 

r)         030428-18: Issue Transient Merchant License – Kwik Kool

MOTION: Handevidt/Sauer to adopt to approve as submitted.  Motion carried.

 

s)       030428-19: Issue Reflexology License – Heart and Sole

MOTION: Handevidt/Jurgensen to adopt to approve as submitted.  Motion carried.

 

t)          030428-20: Expenditures

MOTION: Handevidt/Jurgensen to adopt to approve the expenditures with the exception of (none), as submitted.  Motion carried.

 

u)        030428-21: Commissions and Committees Terms of Office

MOTION: Handevidt/Jurgensen to DELAY to May 5 in order to give legal counsel time to clarify WI State Statutes on terms of offices.  Motion carried unanimously.

 

7)       ORDINANCES / POLICIES / AGREEMENTS

a)         030407-1: ORD Amend and Create Chapter 9 Fees – Amusements and Tattoo/Body Piercing Practitioner       SECOND READING & ADOPTION

MOTION: Handevidt/Jurgensen to accept the SECOND READING & ADOPTION as submitted.  Motion carried.

 

b)        030428-2: ORD Amend and Create Chapter 17 Park Rules     FIRST AND SECOND

READING & ADOPTION     

MOTION: Handevidt/Jurgensen to accept only the FIRST READING.  Motion carried.

 

8)       PERSONNEL

a)         030428-1: APPT Fire Department Annuity Committee Members

MOTION: Handevidt/Jurgensen to DELAY until May 5 in order to give legal counsel time to research state statutes.  Motion carried.

 

9)       APPROVAL OF MINUTES

a)       Regular Town Board Meeting – April 7, 2003

MOTION: Hanson/Handevidt to accept the minutes as submitted with Supv. Jurgensen abstaining due to absence.  Motion carried.

 

10)      CORRESPONDENCE

a)         Fire Department Monthly Activity Report – February 2003

b)        Fire Department Monthly Activity Report – March 2003

MOTION: Handevidt/Hanson to accept the correspondence for filing as submitted.  Motion carried.

 

11)      REPORTS

a)       Town Administrator James Archambo – Discussion of Green Valley Ditch

1) update on the Green Valley Ditch and the recommendation of Option # 7.  2) complimented Capt. Gritton, Lt. Gallagher, and Dep. Bldg. Insp. Peter Fetters for their reports on their recent training.

b)        Town Attorney Greg Curtis

c)         Town Clerk Jeanne Krueger

d)        Town Board

Barbara Hanson, Supv. #1:  1) inquired if Gary Dorschner had a court date pending in May regarding the military vehicle parked in his front yard on Mayer St.  Chief McCants stated he would appear before Judge Gunz on May 8th; 2) again inquired about Bridgeview Gardens delinquent water bills.

Scott Sauer, Supv. #2:  stated he would be attending the organizational workshop on Tuesday, April. 29th from 5:00 p.m. to 8:00 p.m. at the Community Center.

 

e) Town Chairman Arden Tews:  1) complimented Admin. Assist. Joan Burrill on her completion of classes from Fox Valley Tech. College which she attended on her own time;

2)  asked Street Supt. Randy Gallow about the removal of pipes from Mill Creek (located in Schildt Park).  Supt. Gallow stated this would be completed in the very near future;   3) asked about upcoming meetings with the Valley Gateway developers; 4) attended a ribbon-cutting ceremony at Evergreen Credit Union on Ehlers Road.

 

f)          Other Town Officials

Comm. Dev. Dir, George Dearborn:  gave the following dates of upcoming meetings; 

  • May 6th Informational Meeting - 7:00 p.m. at Spring Road School (proposed Town‘s new Comprehensive Plan)
  • May 14th Public Hearing - 5:00 p.m. before Planning Commission in Municipal Complex Assembly Room
  • June 23rd Public Hearing – 5:30 p.m. (Regular Town Board Meeting to follow at 6:00 p.m.)

 

Fire Chief Keith Kiesow: 1) article in paper regarding other communities that are also trying to get out of county zoning; 2) asked for permission to utilize surplus funds from the fire stations remodeling project to purchase furniture.

 

Police Chief Rod McCants: 1) county-wide computer update; stated this years G.R.E.A.T. grant is $25,500.00, down from last year.

 

Assessor Richard Eiberger:  1) update of the land acquisition on American Drive; 2) Board of Review update. 

 

12)     MOTIONS BY SUPERVISORS

At 8:19 p.m., MOTION: Hanson/Handevidt to convene into closed session pursuant 19.85(1) (c) of the WI State Stats.; considering employment, promotion, compensation or performance evaluation data of any public employee over which the governmental body has jurisdiction or exercises responsibility, specifically to discuss the tentative contract between the Town of Menasha and the Town of Menasha Utility Employees Union, TEAMSTERS LOCAL UNION NO. 563, discussion of WPPA/LEER grievance and discuss Park & Recreation Director selection process.  Motion carried.

 

PRESENT: Arden Tews, Town Chair     Barbara Hanson, Supv. #1      Scott Sauer, Supv. #2

Russ Handevidt, Supervisor #4     James Archambo, Admin.        Myra Piergrossi, Dir/Finance

EXCUSED:     Jerry Jurgensen, Supervisor #3 at 9:40 p.m.

          

Discussion ensued regarding ratification of the Teamsters Local Union No. 563 contract.

The process of reaching a tentative agreement was discussed as well as the context of current collective bargaining processes. Each item that differs from the employees’ current provisions including wages and benefits was discussed. Also discussed was the long-term impact of financial and non-financial contract provisions.

 

Discussion also ensued regarding the two grievances within the Police Department pertaining to Article 10.04 of the collective bargaining contract.  Admin. Archambo presented a letter of understanding that had been negotiated between management and the union. The letter modifies this article specifying a two-hour ‘window’ before the start of a shift during which “call-in” pay does not apply and reducing the pay from two hours to one at straight time.

 

Discussion also ensued regarding the hiring process to fill the vacancy created by the retirement of the Director of Parks & Recreation.  Admin. Archambo described a ‘selection committee’ that had been accepted by the Park Commission. This committee would consist of three Commission members, three Board members and the Recreation Supervisor and Administrator. They would be charged with evaluating the position in the context of organizational needs and as appropriate filling that need. Administrator Archambo was directed to further obtain staff opinions as to organizational needs and the item is to be placed again on the next Board agenda.

 

At 9:20 p.m., MOTION:  Handevidt/Hanson, pursuant to 19.85(2) of the WI State Stats... the Town Board will reconvene into open session to act on any business discussed in closed session.  Motion carried unanimously.

 

Motion Sauer/Handevidt to approve the Teamsters Contract. Motion carried.

 

Motion Sauer/Handevidt to accept the letter of understanding between the Town of Menasha and WPPA. Motion carried.

 

At 9:24 p.m. MOTION: Handevidt/Hanson to return to closed session. Motion carried.

 

Further discussion continued regarding the selection committee for filling the Park Director vacancy.

 

13)      ADJOURNMENT

At 10:39 p.m., MOTION: Handevidt/Hanson to reconvene into open session and adjourn the Regular Meeting.  Motion carried.

 

Respectfully submitted,

 

 

Jeanne Krueger, Certified Municipal Clerk

TOWN OF MENASHA