Submitted for Town Board Approval February 26, 2001

 

 

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

                                                           

 

                                                           

II.         AWARDS/PRESENTATIONS – None

 

III.              PUBLIC FORUM – NON-AGENDIZED TOWN RELATED MATTERS - None

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.

 

C.        010212-3: Moving Permit from 934 Tayco Street to Out of Town of Menasha

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.

 

G.                010212-7: Support Proposed Legislation Regarding Double Taxation

MOTION:  Supervisor Sprague, second Supervisor Handevidt to adopt the resolution and approve to support proposed legislation regarding double taxation as submitted.  Motion carried unanimously.

 

H.                010212-8: Approve West American Drive Change Order #3

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 Krueger, second Supervisor Sprague to adopt the resolution and approve the Individual Amusement License to Tri County Ice Arena for Antiques Showcase and Sale on Saturday and Sunday, April 7th and 8th 2001 as submitted.  Motion carried unanimously.

 

M.        010212-13:. Individual Amusement License – Tri County Ice Arena – Alpaca and Llama Show

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.

 

IX.       APPROVAL OF MINUTES

A.                 Regular Town Board Meeting – January 8, 2001

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.

 

B.                Regular Town Board Meeting – January 22, 2001

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.

 

B.        Town Attorney

Attorney Curtis stated the Town Board previously improved on storm water utility, with possible changes on equivalent run-off areas. Time frame was discussed to generate revenue by the end of this year or incorporate into this year’s Utility District bills on a quarterly basis.

 

C.        Town Clerk – Excused

 

D.        Town Board

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