Town of Menasha

                                                   2000 Municipal Drive, Neenah, WI 54956                                     Submitted for approval on

                          Ph: (920) 720-7103  Fax (920) 720-7197  www.town-menasha.com                 August 9, 2004

 

TOWN BOARD OF SUPERVISORS REGULAR MEETING

Municipal Complex - Assembly Room - Monday, July 26, 2004

 

Minutes

 

1.    CALL TO ORDER, PLEDGE OF ALLEGIANCE

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