Town of Menasha
2000 Municipal Drive, Neenah, WI 54956 Submitted for approval on
Ph: (920) 720-7103 Fax (920) 720-7197 town-menasha.com August 9, 2004
TOWN BOARD OF SUPERVISORS REGULAR MEETING
Municipal Complex - Assembly Room - Monday, July 26, 2004
Minutes
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.
Elected Members Present: Arden Tews, Town Chair Jay Schroeder, Supv. #1 Scott Sauer, Supv. #2
Jerry Jurgensen, Supv. #3 Russ Handevidt, Supv. #4 Jeanne Krueger, Clerk
Others Present: James Archambo, Admin. George Dearborn, Com. Dev. Dir. Lee Reibold, Town Eng. Greg Curtis, Town Atty. Rod McCants, Police Chief Keith Kiesow, Fire Chief Richard Eiberger, Assessor Randy Gallow, St. Supt. Mike Kading, Dir. Parks & Rec. Joe Nemecek Leo Grimes Claude Foster Steve Brueggeman P.E., Martinson & Eisele William Ottow James Andrew Martha Andrew Lori Jencks Sue Hermus Lucas Telfer Kevin Schultz Diana Kanter Dale McNamee, Bob Pheifer John Shreve JoAnn Shreve Steve Boysa, Gateway Dev. Mike Lettier, Pres. Police Comm.
Excused: Myra Piergrossi, Fin. Dir.
2. AWARDS/PRESENTATIONS: Two-year Service Pin – Tim Seaver
Chief Rod McCants presented Lt. Tim Seaver with a two-year service pin and congratulations for a job well done. He was also congratulated by the board members and audience.
3. PUBLIC FORUM – NON-AGENDIZED TOWN RELATED MATTERS
Limited to Ten Minutes – Non-Repetitive Matters
Pursuant to WI State Statutes 19.83(2) and 19.84(2), the public may present matters; however, they cannot
be discussed or acted upon until specific notice of the subject matter of the proposed action can be given.
1) James Andrew: The Town Clerk was directed by the Board of Supervisors to amend these minutes at the Aug. 9, 2004 meeting. It was their decision not the have Mr. Andrew’s statements recorded as they felt it was a personal attack against a Town of Menasha Board Member.
2) Wm. (Bill) Ottow: stated “it’s sad to see the town board trying to fix things that weren’t broke.” He further stated board members should be doing things such as 1) straightening out open forum which he felt is totally ridiculous (attorney general’s opinion) 2) look into the way county supervisors should better represent the town 3) should be voicing their opinions to the state legislatures regarding a) insurance b) state mandates/state budget shortfalls c) state teacher’s contracts. Mr. Ottow further stated board members should be keeping an eye on a) police officers b) street department and how they can better keep up the roads c) drainage problems d) poor public transportation e) on/off ramps on 41 & 441 is disgusting f) illegal construction of fences and decks g) animal control.
3) Bob Pheifer: Stated Deerwood Ave. (between Constitution & Kimberly Drives) is causing confusion with Deerwood Ave. (off of CB). He asked for direction on how to better identify this street and also for the 911 emergency number. Mr. Pheifer requested the roadway to be changed to Laurel Lane. He stated he would be willing to talk to the adjoining property owners.
4. DISCUSSION ITEMS
5. OLD BUSINESS
6. NEW BUSINESS
a) 040726-1: Certified Survey Map – 1504 Winchester Road – Proposed 2-Lot Land Division and Right-of-Way Vacation
MOTION: Jurgensen/Schroeder to adopt to approve as submitted. Motion carried.
b) 040726-2: Certified Survey Map – 1204 E. Shady Lane – Proposed 2-Lot Land Division
MOTION: Handevidt/Sauer to adopt to approve as submitted. Motion carried.
c) 040726-3: Certified Survey Map – 1575 Plaza Drive – Proposed 2-Lot Land Division
MOTION: Handevidt/Jurgensen to adopt to approve as submitted. Motion carried.
d) 040726-4: Certified Survey Map – 960 & 990 Valley Road – Proposed Land Division
MOTION: Sauer/Handevidt to adopt to approve as submitted. Motion carried.
e) 040726-5: Map the Road Dedication Extending Plaza Drive West as to Intersect with a Road Reservation and Setting the Statutory Required Public Hearing
MOTION: Handevidt/Schroeder to adopt to approve as submitted. Motion carried.
f) 040726-6: Winnebago Town/County Zoning Ordinance Text Amendment - Proposed Change R-2 Zoning to Allow for Equestrian Subdivision as a Conditional Use Permit
MOTION: Handevidt/Sauer to adopt to approve as submitted. Motion carried.
g) 040726-7: Appointment of Housing Appeals Board Member
MOTION: Sauer/Jurgensen to adopt to approve as submitted. Motion carried.
h) 040726-8: Approve Intergovernmental Agreement for Educational Efforts about Recycling Wisconsin DNR 2005 Recycling Efficiency Incentive Grants
MOTION: Handevidt/Jurgensen to adopt to approve as submitted. Motion carried.
i) 040726-9: Approve Application for DNR 2005 Recycling Efficiency Incentive Grant
MOTION: Handevidt/Schroeder to adopt to approve as submitted. Motion carried.
j) 040726-10: Authorize Application for 2005 Recycling Grant Funds
MOTION: Handevidt/Jurgensen to adopt to approve as submitted. Motion carried.
k) 040726-11: Street Acceptance – Redtail Crossing Subdivision
MOTION: Jurgensen/Handevidt to adopt to approve as submitted. Motion carried.
MOTION: Handevidt/Jurgensen to AMEND; WHEREAS, the St. Supt. recommends acceptance per the conditions set forth in the Developer’s Agreement, adding to this sentence, “pending completion of a punch list”. Motion carried 5-0.
l) 040726-12: Ditch Enclosure – 1268 Mayer Street
MOTION: Sauer/Schroeder to adopt to approve as submitted. Motion carried.
m) 040726-13: Ditch Enclosure – 1640 Lakeshore Drive
MOTION: Handevidt/Jurgensen to adopt to approve as submitted. Motion carried.
n) 040726-14: Ditch Enclosure – 1656 Lakeshore Drive
MOTION: Schroeder/Handevidt to adopt to approve as submitted. Motion carried.
o) 040726-15: Expenditures
MOTION: Handevidt/Jurgensen to adopt to approve the expenditures with the exception of (none) as submitted. Motion carried.
p) 040726-16: Bar Operator License Applicants
MOTION: Jurgensen/Sauer to adopt to approve as submitted. Motion carried.
q) 040726-17: National Night Out 2004
MOTION: Handevidt/Jurgensen to adopt to approve as submitted. Motion carried.
r) 040726-18: Request to Conduct a Study to Expand the 2001 DMG-Maximus, Inc. Classification and Compensation Study
MOTION: Schroeder/Handevidt to adopt to approve.
Atty. Curtis reported to the board that Att’y. Clark had researched the current Assessor’s appointment status and found his appointment was needed every year.
MOTION: Jurgensen/Handevidt to allow Martha Andrew to speak. Ms. Andrew stated she had minutes from an April 1986 town meeting (Roger Clark being present) whereas Assessor Eiberger was appointed on a 3-yr. term. Att’y. Curtis stated he would consult with Att’y. Clark on documents she presented.
MOTION: Handevidt/Jurgensen to allow William Ottow to speak. Mr. Ottow stated if the Town were to do a study of the Assessor’s Department that all departments should be included.
Chairman Tews stated he felt “zeroing in on one department cannot create efficiency productivity and must look at the whole picture and not piecemeal, especially this department as it runs into other departments, which a lot of other departments do also as they help one another”.
Supv. Schroeder then asked “under that theory, why did we pick on the (consolidation of the) Police Dept.?” Chairman Tews stated because the board okayed it. Supv. Schroeder again reiterated the objective here was to gather information. He further stated that “not one person had called him objecting to this study”.
Supv. Jurgensen stated the DMG study had already been done and felt it (the resolution) was not written fairly and didn’t make sense. Supv. Schroeder stated DMG had been hired independently and were the ones who named the similar communities for the study and that is why he wanted to utilize DMG as a basis for the study.
Supv. Sauer stated he studied the DMG guidebook and felt the communities DMG picked out were not feasible and, as a town taxpayer, would be more interested in the surrounding communities.
Supv. Sauer also stated he felt Supv. Schroeder was being personally attacked due to this study and recognized that Supv. Schroeder is a fiscally conservative board member who wanted very badly to keep promises he made to the voters that elected him into office. He stated he felt Supv. Schroeder’s first interest is looking out for the taxpayers.
Martha Andrew again received permission to speak and asked board members not to vote on this resolution until they received another opinion from Att’y. Roger Clark regarding the April
1986 town meeting. She further stated if the study is done, it should be open to residents. She continued that in three years (when the assessor position is up for re-appointment) the study would be outdated.
Supv. Handevidt stated he had been contacted by a lot of people who wondered why anyone would be opposed and were afraid of information. He reiterated this was only a fact-finding information study and would consist of the board and 16,000 plus citizens. He went on to state that the board did not follow the DMG study (that recommended the Assessor be placed under the Director of Comm. Development). Supv. Handevidt stated townspeople were wondering why this information study was fought and was not anyone picking on the present assessor but a promise made to the people and those afraid of this study are trying to hide facts otherwise why would anyone object to this study and anything less would not being doing their jobs.
Supv. Sauer stated the town was in-line with budgets (for the Assessor’s office) but felt if the study were to be done, it might be looked at to place the assessor position under Community Development Director.
On roll call, motion failed on a 3-2 vote with Supvs. Sauer & Jurgensen & Chairman Tews voting NAY & Supvs. Schroeder & Handevidt voting AYE.
s) 040726-19: Fire Department Out-of-State Training – Chief Kiesow
MOTION: Sauer/Jurgensen to adopt to approve as submitted. Motion carried.
t) 040726-20: Police Department Out-of-State Training Request – Lt. Blashka
MOTION: Jurgensen/Sauer to adopt to approve as submitted. Motion carried.
u) 040726-21: Issue Class “A” Beer License – SITA Corporation d/b/a Oneida Marathon
MOTION: Sauer/Jurgensen to adopt to approve as submitted. Motion carried.
v) 040726-22: Cigarette and Tobacco License Applicant – Ganesh, LLC d/b/a Colonial Inn
MOTION: Sauer/Schroeder to adopt to approve as submitted. Motion carried.
w) 040726-23: Cigarette and Tobacco License Applicant – SITA Corporation d/b/a Oneida Marathon MOTION: Handevidt/Sauer to adopt to approve as submitted. Motion carried.
x) 040726-24: Agent Appointment – Manishkumar Patel for Oneida Marathon – 2005 S. Oneida Street MOTION: Sauer/Jurgensen to adopt to approve as submitted. Motion carried.
7. ORDINANCES/POLICIES/AGREEMENTS
a) 040628-1:ORD Amending Town of Menasha Municipal Code, Chapter 9.02(14) Reserve Licenses Third Reading and Adoption
MOTION: Handevidt/Sauer to accept the Third Reading & Adopt with OPTION 3, “To leave the Ordinance as is”.
On roll call vote, Supvs. Jurgensen, Handevidt & Sauer voted AYE, Supv. Schroeder & Chairman Tews voted NAY.
b) 040726-2:ORD Amending Town of Menasha Municipal Code, Chapter 2.07 Order of Business First Reading, Second Reading and Adoption
MOTION: Handevidt/Schroeder to waive the First & Second Reading & Adopt as submitted. Motion carried.
c) 040726-3:ORD Amending Town of Menasha Municipal Code, Chapter 31, Sections 3, 7, 16 and 17 Stormwater Management First Reading
MOTION: Sauer/Jurgensen to accept the First Reading of the ordinance. Motion carried.
d) 040726-4:ORD Amending Town of Menasha Municipal Code, Chapter 6, Sections 24 and 36 Grading and Lot Grading First Reading
MOTION: Handevidt/Jurgensen to accept the First Reading of the ordinance. Motion carried.
e) 040726-5:ORD Amending Town of Menasha Municipal Code, Chapter 30.03 Adoption and Amendment of the Comprehensive Plan First Reading
MOTION: Jurgensen/Sauer to accept the First Reading of the ordinance as submitted, adding Amendment B. to the Comprehensive Plan. Motion carried.
8. PERSONNEL