Submitted for Town Board Approval - 04/12/99

 

REGULAR MEETING OF THE

TOWN BOARD OF SUPERVISORS

Municipal Complex - Assembly Room

Monday, March 8, 1999

 

MINUTES


Agendas with resolutions were posted at the Municipal Complex, Fire Station 40, Sanitary District No. 4, Appleton Public Library, Menasha Public Library, and Neenah Public Library.

  1. 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 Marcia Carlson noted the roll as follows:

PRESENT:

Arden Tews, Town Chair, Jeanne Krueger, Supervisor #1, Bob Sprague, Supervisor #2, Jerry Jurgensen, Supervisor #3, Allen Nennig, Supervisor #4, Carl Sutter, Town Engineer, John Claypool, Town Attorney, Bogdan "Bob" Vitas, Administrator, Grace Vander Velden, Dir. of Finance, George Dearborn, Dir. of Com. Dev., Gaylene Nash, Asst. to Admin, William Weiss, Police Chief, Don Cox, Fire Chief, Marcia Carlson, Deputy Clerk, Kathy Hales, Police Admin. Dir.

EXCUSED: Carlene Sprague, Town Clerk

ALSO PRESENT: Frank J. Taff, Frank G. Taff, Tom Vegso, Richard Irwin, Crystal Seif, Jesse Rothe, Joe Trudell, Mark Mueller, Mary Mueller, Jack Braun, Pete Guckenberg, John Morelli, Jeff Conger, Jim Stellmach, Bill Acker, Martha Acker, Steve Veldhorst, Steve Kohel, Russ Handevidt, JoAnn Shreve, John Shreve, Lynn Wilson, Mark Steenis, Evelyn Guckenberg, Fred H. Steenis, Kent Knaack, Jim Guckenberg,

II. AWARDS/PRESENTATIONS – None

 

  1. PUBLIC FORUM – NON-AGENDIZED TOWN RELATED MATTERS

Jeff Conger and Tom Vesgo, Town Residents and members of the Prairie Creek Property Owners Association, expressed to the Board that their association is against any rezoning of the Hooyman property on Cold Spring Road to multi-family or anything above an R-2. (See Attached)

 

  1. DISCUSSION ITEMS

    1. Public Nuisance Considerations – Chief Weiss and Attorney Claypool

Attorney Claypool briefly outlined this proposed public nuisance ordinance, looking for direction from the Board as to how to proceed.

Chief Weiss stated that this would help with two problems that are occurring on a regular basis: (1) homes in residential areas with lots of "junk" around them, (2) military vehicles, antique tractors, farm machinery, etc. sitting on the lawns in residential areas. If this became an ordinance, it would give the Police Department the authority to deal with these problems.

Chairman Tews questioned whether all the items that Chief Weiss referred to could be included in the ordinance.

Attorney Claypool replied that this new ordinance would essentially take care of all of these items, but does not specify military vehicles. He stated that the Board needs to decide what the public policy will be.

Attorney Claypool stated that if something is determined a public nuisance in any way, it is considered an "imminent danger to the public" and gives power to the Town to go clean it up. Currently, we would have to go through all the steps of a hearing in order to declare anything a public nuisance.

Chief Weiss recommended replacing our public nuisance policy with one similar to the City of Appleton’s and adding some language to it.

Chairman Tews directed Chief Weiss and Attorney Claypool to get together and bring this back to the Board in Ordinance form to vote on in 30 days, with the inclusion of military vehicles.

 

  1. OLD BUSINESS

    1. 990125-5: Final Special Assessment – Construction of Olde Buggy Drive Extension

MOTION: Supervisor Sprague, second Supervisor Krueger to refer this resolution to the March 22, 1999 meeting. Motion carried unanimously.

Administrator Vitas updated the Board on the progress of this project and meetings that are taking place with the owner, Sanitary District, etc. Another meeting is scheduled later this week to discuss litigation.

Chairman Tews requested that Administrator Vitas include dollar figures in the resolution or attach a report for the next meeting.

 

  1. NEW BUSINESS

A. 990308-1: Bid Award – One Fire Department Records Management System Software

MOTION: Supervisor Sprague, second Supervisor Jurgensen to approve the resolution to award the bid to Firehouse Software with the low bid of $4,145. Motion carried unanimously.

    1. 990308-2: Bid Award – Digital Copier/Printer – Police Department

MOTION: Supervisor Nennig, second Supervisor Krueger to approve the resolution to award the bid for a digital copier/printer to Lanier Worldwide. Motion died.

Administrator Vitas recommended that the Board approve the resolution with the stipulation that Attorney Jack Lemke and the Administrator review the contract before signing.

MOTION: Supervisor Sprague, second Supervisor Krueger to refer this resolution to the March 22, 1999 meeting. Motion carried unanimously, with Supervisor Jurgensen abstaining.

C. 990308-3: Agreement – Town of Menasha/WI DOT – Reconstruction USH 10/USH 41/STH 441 Interchange

MOTION: Supervisor Sprague, second Supervisor Nennig to approve the Agreement between the Town of Menasha and the Wisconsin Department of Transportation for the USH 10/USH 41/STH 441 Interchange Project. Motion carried unanimously.

Chairman Tews directed Administrator Vitas to involve the Board immediately when the design for this project comes out.

D. 990308-4: Temporary Class "B" Licenses, Youth Sports

MOTION: Supervisor Sprague, second Supervisor Krueger to approve the resolution granting temporary Class "B" licenses to Youth Sports. Motion carried unanimously.

    1. 990308-5: Set Public Hearing – Petition to Annex Lands to Town of Menasha Sanitary District No. 4 (Parcel #008-0202-01-01)

MOTION: Supervisor Krueger, second Supervisor Sprague to approve the resolution to set the Public Hearing for Monday, April 12, 1999, 5:55 p.m. Motion carried unanimously.

F. 990308-6: 1998 Final Year-End Budget Transfers

MOTION: Supervisor Jurgensen, second Supervisor Nennig to approve the 1998 final year-end budget transfers. Motion carried unanimously.

Chairman Tews requested from Director of Finance Grace Vander Velden a list of exactly what has been spent over the last year.

G. 990308-7: Expenditures

MOTION: Supervisor Nennig, second Supervisor Jurgensen to approve the expenditures with the exception of none. Motion carried unanimously.

Chief Cox gave an overview of the HVAC problems and repairs at the Old Town Hall.

Chairman Tews stated that studying the Old Town Hall needs to be high on the priority list of the Board.

 

VII. ORDINANCES

A. 990308-1:ORD Amendment Chapter 3, Section 3.01, Police and Emergency Government Management to add new paragraph (5) of the Town of Menasha Municipal Code FIRST READING

MOTION: Supervisor Sprague, second Supervisor Krueger to accept the first reading of the ordinance. Motion carried unanimously.

B. 990308-2:ORD Amendment Chapters 13, 14, and 14A, Inspection Department Fee Schedule of the Town of Menasha Municipal Code FIRST READING

MOTION: Supervisor Krueger, second Supervisor Sprague to accept the first reading of this ordinance. Motion carried unanimously.

C. 990308-3:ORD Amendment Chapter 7, Public Protection, Orderly Conduct and Firearm/Gun Control, 7.01(2) State Laws Adopted to the Town of Menasha Municipal Code FIRST READING

MOTION: Supervisor Sprague, second Supervisor Krueger to accept the first reading of this ordinance. Motion carried unanimously.

Chief Weiss stated that this ordinance is comprised of State Statutes that have not yet been adopted into Town Ordinance. Making these into Town Ordinances means that more cases can be taken care of in Municipal Court instead of having to send them to County.

 

VIII. RESIGNATIONS/APPOINTMENTS

A. 990308-1:RES Resignation – Fire Fighter

MOTION: Supervisor Sprague, second Supervisor Krueger to accept the resignation of Fire Fighter Dean Derouso effective immediately. Motion carried unanimously.

B. 990308-2:APP Appointment – Fire Fighter

MOTION: Supervisor Nennig, second Supervisor Krueger to accept the appointment of Peter Briones to the position of paid-on-call Fire Fighter, effective March 9, 1999. Motion carried unanimously.

C. 990308-3:APP Appointment – Police Communication Technician II

MOTION: Supervisor Sprague, second Supervisor Nennig to accept the appointment of Barbara A. Trzcinski to that of Police Communication Technician II, effective March 15, 1999. Motion carried unanimously.

D. 990308-4:RES Resignation – Assistant Assessor

MOTION: Supervisor Sprague, second Supervisor Nennig to accept the resignation of Assistant Assessor George Arno, effective March 26, 1999, with regret. Motion carried 4-1, with Supervisor Krueger voting NO.

 

  1. APPROVAL OF MINUTES – None

X. CORRESPONDENCE

    1. FireLine – 3/99

    2. Building Report – 2/99

    3. Fire Department Monthly Report – 2/99

MOTION: Supervisor Sprague, second Supervisor Krueger to accept the correspondence for filing. Motion carried unanimously.

 

XI. REPORTS

A. Bob Vitas, Town Administrator

      1. Valley Gateway Development Project

        Administrator Vitas updated the Town Board regarding the status of Valley Gateway Development, recent meetings that have been held, and anticipated progress in the next month.

      2. Survey Results – Discharge of Firearms

Administrator Vitas reviewed the results of the Discharge of Firearms Survey that was mailed to Stroebe Island Residents. (See Attached) Administrator Vitas stated that it is now up to the Board to proceed from this point.

Much discussion ensued.

Supervisor Krueger suggested that Chief Weiss prepare the ordinance to vote on at the March 22 meeting, to eliminate the discharge of firearms.

3. Capital Improvements/Borrowing

Administrator Vitas distributed copies of a memo from Dave Wagner regarding the "Proposed Timetable for 1999 Capital Financing" and reviewed the details for the Board. (See Attached)

4. Utility District Update

Administrator Vitas reported on a Public Hearing that was held with the Town of Neenah. The response from the Town of Neenah was very supportive and very positive.

Chairman Tews further stated that originally we asked the Town of Neenah about strictly the portion that is Sanitary District 4. It is now their recommendation to include all of Sanitary District 3 as well.

Administrator Vitas stated that he is working on finishing the details of a draft regarding the Utility District.

      1. Sale of Town Land

Administrator Vitas informed the Board that he is in the process of contacting all of the interested parties. He has advised them that the 15th of March will be the deadline to submit offers to purchase the land.

B. John Claypool, Town Attorney

1. Recommended Language for Inclusion to the Town’s Municipal Code

Attorney Claypool reviewed the proposed inclusion to Municipal Code, "Possession and Consumption of Intoxicants on Public Streets, Public Ways, and Private Property" . (See Attached)

Chief Weiss stated that the Cities of Neenah, Menasha, and Appleton have all passed this ordinance.

Chairman Tews suggested that this be included as an Ordinance for voting at the March 22 meeting.

C. Carlene Sprague, Town Clerk – Excused

D. Town Board

      1. Jeanne Krueger, Supervisor #1

        Supervisor Krueger stated that she believed the Green Valley Informational Meeting went very well.

        Supervisor Krueger suggested that the Board purchase the "Wage Survey" offered by the Fox Valley Business Update.

        Supervisor Krueger requested that Administrator Vitas provide her with the Fair Labor Standards Law regarding any time over 8 hours each day being overtime.

        Supervisor Krueger commented on the Town Board being taken off the Board of Review. She questioned if citizens were on the Board of Review if they would have to be paid for each scheduled meeting, even when they are postponed until we receive the roll books. She suggested putting money in the budget for next year for this purpose.

      2. Robert Sprague, Supervisor #2

        Supervisor Sprague stated that he received a call from a Resident on Cold Spring Road who is complaining about his sump pump running a lot. The Resident thinks this is because of the quarry. Supervisor Sprague suggested that this be looked into for the Resident.

        Supervisor Sprague stated that he would like any staff out-of-state travel requests to come before the Board in resolution form.

      3. Jerry Jurgensen, Supervisor #3 – No Report

      4. Allen Nennig, Supervisor #4

Supervisor Nennig reported on an Urban Towns Meeting he attended last week. He was able to talk with different legislators regarding certain bills of interest to the Town.

E. Arden Tews, Town Chairman

1. Intermunicipal Cooperation Meetings – Town/City of Menasha

Chairman Tews reported to the Board on the January meeting he attended. He stated that there is another meeting scheduled for March 17 and the Board should discuss if the Town should continue with these discussions.

Chairman Tews stated that he received a request from a Resident to put up deer crossing signs on CB, south of Jacobsen Road. It was decided to contact Winnebago County to see if they will take care of this.

Chairman Tews informed the Board of a meeting at the Grand Chute Town Hall on March 11 at 7 p.m. and stated that the Board should be in attendance.

Chairman Tews commented on the low water pressure in Glenview Park. It was decided that this is a private supply system and there is relatively little the Town could do.

Chairman Tews informed the Board of a letter he received from Fox Valley Technical College, that they are looking for people for their Board. They are looking for one elected official and two citizens. Any interested persons should attend the meeting March 17 at 7 p.m.

Chairman Tews also reported on a letter he received from the DNR regarding the landfill and a potential dog park.

F. Other Town Officials

George Dearborn, Director of Community Development

Director Dearborn displayed maps for the Board that demonstrate the detailed output of the new plotter.

Don Cox, Fire Chief

Chief Cox stated that the strategic plan is in Administration for review by the Board. This is a planning system which ties into the comprehensive plan and is part of the accreditation process. He would like to present this plan for approval at the March 22 meeting.

William Weiss, Police Chief

Chief Weiss informed the Board that he met last Thursday with Wisconsin Central Railroad and a representative from the Circus World Museum. The Circus Train will be parked in the Town of Menasha on West Butte des Morts Beach Road in July. He will provide more details in the future.

 

  1. MOTIONS BY SUPERVISORS

At 8:07 p.m., MOTION: Supervisor Sprague, second Supervisor Jurgensen to adjourn into closed session pursuant to 19.85(1)(g): 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 and pursuant to 19.85(2), the Town Board may reconvene into open session to act on any business discussed in closed session. Motion carried unanimously.

 

  1. ANNOUNCEMENTS – Same as on Agenda

     

  2. ADJOURNMENT

At 8:43 p.m., MOTION: Supervisor Jurgensen, second Supervisor Nennig to adjourn the regular meeting of the Town Board of Supervisors. Motion carried unanimously.

 

Respectfully submitted,

 

 

Marcia Carlson

Deputy Clerk