Approved – June 28,1999

 

REGULAR MEETING OF THE

TOWN BOARD OF SUPERVISORS

Municipal Complex - Assembly Room

Monday, May 24, 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.

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.

Clerk Sprague noted the roll as follows:

PRESENT:

Arden Tews, Town Chair Bob Sprague, Supervisor #2

Jerry Jurgensen, Supervisor #3 Allen Nennig, Supervisor #4

Carlene Sprague, Town Clerk Carl Sutter, Town Engineer

Jack Lemke, Town Attorney Bogdan "Bob" Vitas, Administrator

William Weiss, Police Chief George Dearborn, Dir. of Com. Dev.

Gaylene Nash, Asst. to Admin.

EXCUSED: Jeanne Krueger, Supervisor #1 Grace Vander Velden, Dir. of Finance

ALSO PRESENT:

Janet Gollnick Pete Guckenberg Josh Guckenberg

Jeremy Kox Travis Lehrer Joe Nemecek

Jerry Nault Betty Zaborsky Evie Guckenberg

Jim Guckenberg Sean Guckenberg Jim Gray

Michelle Fennessy Jerry Weller Frank Taff

Michael Guckenberg Mary Kleman Russ Handevidt

Joe Trudell Jane Bahr Charlotte Larsen

Char Steenis Mark Steenis Todd Shadick

Blake Barrett Bev Wichman Bud Wichman

Marilyn Anunson Richard Happel Chuck Lewis

Robert Francart Lynn Kriha Kara Henschel

Marlene Voissem Frances Voissem Mary Rehbein

Marie Nosemann Jack Salling Jeff Schmidt

Joseph Elbe Tim Halbrook Michael Murphy

David Sellier Kevin Evers Mark Nelessen

Anne Siegrist Elaine Siegrist Jeanne Gunderson

Mike Lettier

 

II. AWARDS/PRESENTATIONS –

a) Aaron Callaway – Eagle Scout Award

Chairman Tews presented the Eagle Scout Award to Aaron Callaway from Troup 81.

On behalf of the Town of Menasha Board of Supervisors, I’d like to present you with this award. Congratulations Aaron!

PUBLIC FORUM – NON-AGENDIZED TOWN RELATED MATTERS

Mike Guckenberg stated that he would like to make a presentation regarding Ordinance #990510-3. Mr. Guckenberg was instructed to bring up his issues at the time the Ordinance is presented on the floor.

DISCUSSION ITEMS

OLD BUSINESS

990426-10: Bid Award – West American Drive Sanitary Sewer, Water Main & Storm Sewer Construction

MOTION: Supervisor Jurgensen, second Supervisor Nennig to refer this Bid Award for 30 days. Motion carried unanimously, with Supervisor Krueger excused.

B. 990426-11: Bid Award – West American Drive Concrete Street Construction (Irish Rd to CTH CB)

MOTION: Supervisor Sprague, second Supervisor Jurgensen to refer this Bid Award for 30 days. Motion carried unanimously, with Supervisor Krueger excused.

C. 990426-3: Rezoning – Richard Cleveland, 941 Appleton Road (008-1569, 008-1570)

MOTION: Supervisor Sprague, second Supervisor Nennig to refer this rezoning for 30 days. Motion carried unanimously, with Supervisor Krueger excused.

D. 990426-4: Conditional Use Permit – Richard Cleveland, 941 Appleton Road (008-1569, 008-1570)

MOTION: Supervisor Sprague, second Supervisor Jurgensen to refer this conditional use permit for 30 days. Motion carried unanimously, with Supervisor Krueger excused.

E. 990426-23: Authorize Purchase and Installation of Employee Lunch Room Door

This resolution has been withdrawn.

F. 990426-8: Zoning Text Amendment to the Winnebago Town/County Zoning Ordinance

MOTION: Supervisor Sprague, second Supervisor Jurgensen to amend the resolution to delete Item 5 and approve the balance of the resolution. Motion carried unanimously on the amendment with Supervisor Krueger excused.

MOTION: Supervisor Sprague, second Supervisor Jurgensen to adopt as submitted and approve the resolution as amended. Motion carried unanimously with Supervisor Krueger excused.

NEW BUSINESS

A. 990524-1: Preliminary Plat – Gateway Development

MOTION: Supervisor Jurgensen, second Supervisor Sprague to adopt as submitted and adopt as submitted and approve the resolution for approving the Preliminary Plat. Motion carried unanimously, with Supervisor Krueger excused.

Chairman Tews passed the gavel was passed to Supervisor Sprague.

990524-2: Rezoning – David Hildebrand

MOTION: Supervisor Nennig, second Supervisor Sprague to adopt as submitted and approve the resolution for rezoning of David Hildebrand’s property. Motion carried unanimously, with Chairman Tews abstaining, and Supervisor Krueger excused.

The gavel was returned to Chairman Tews.

C. 990524-3: Rezoning – WI DOT

Supervisor Nennig requested that Administrator Vitas provide an overview to the Town residents regarding what has recently transpired to date regarding this resolution.

Supervisor Jurgensen stated that it seems as though the Town is being overwhelmed with multi family building. We have not had any single family lately. I think that there should be a ratio between single family and multiple family property.

Chairman Tews requested Director Dearborn to explain Resolution 5 to the Town Board.

Town resident Jeff Schmidt of Highland Park Road presented a petition against this resolution and a letter written by Town Resident David Fennessy with his concerns regarding this Resolution to Clerk Sprague.

Town Resident, Mariene Eastman questioned why the land had to be developed at all.

David Sellier, 979 Highland Park Road was opposed to the project. He stated that the amount of multiple family is too excessive. We live here. Someone from out of Town wants to build this. He doesn’t live here and it doesn’t affect them.

Jeff Marlow provided an overview regarding this project. The developer stated that he did not think that decreasing land value would be an issue.

Mr. Fennessy, 970 Highland Park Road stated that if the developer is not concerned about devaluation of property values, have him put money in a trust. If the devaluation of property is affected when they want to sell, then the property owner will not loose money.

MOTION: Supervisor Sprague, second Supervisor Nennig to adopt as submitted and approve the resolution for rezoning. Motion defeated on a roll call vote. Krueger Excused, Sprague No, Jurgensen No, Nennig No, and Chairman Tews Yes. Motion fails 3-1.

D. 990524-4: Conditional Use Permit – Tri Bros.

Ann Siegrist, adjacent to the site and has a dental office at 224 W. Calumet street. She said that she had a conversation with the owners and that he stated that he was not going to put up the privacy fence.

Mr. Kevin Evers the owner of the business, stated that he had mentioned to Ann that he wanted to come to tonights meeting and discuss the fence. He stated that it is between two commercial properties and felt that it would not give any privacy to any residential property. He said he was willing to work with Ann to reach an agreement.

Much discussion ensued.

MOTION: Supervisor Sprague, second Supervisor Jurgensen to adopt as submitted and approve the resolution for a conditional use permit for Tri Bros. Motion carried unanimously, with Supervisor Krueger excused.

990524-5: Conditional Use Permit – WI DOT

This resolution was discussed at length with Resolution #990524-3 earlier on this agenda.

MOTION: Supervisor Sprague, second Supervisor Jurgensen to adopt as submitted and approve the resolution for a conditional use permit. Motion defeated on a roll call vote. Krueger Excused, Sprague No, Jurgensen No, Nennig No, and Chairman Tews Yes. Motion fails 3-1.

F. 990524-6: Conditional Use Permit – MCC Inc.

Janet Gollnick, developer for the site, presented the plan and discussed access to the site and the changes.

Attorney Mark Stern presented an overview of the development. He stated that the developer is down grading the density and is sensitive to the Town residents. This has been zoned R5 since 1982. In his opinion, it is the best use for this specific area. This is not a rezoning issue. The developer has met all 5 requirements.

Jeanne Gunderson, 927 Mill Pond Lane stated that she opposed this development. She provided a petition with 150 signatures from the Town residents also opposed. She stated her reasons for her opposition.

 

 

Joseph Elbe, 1758 Mill Pond Court stated that he was opposed and stated the reasons why. He did acknowledge that he knew that this property was zoned R5. We were told by the developer that this area would be developed in condominiums.

Janet Gollnick spoke in favor or the resolution, and stated that the Town residents would prefer an empty field. She introduced Tim Halbrook, a builder who spoke in favor of the development. She stated that this was zoned a long time ago. The potential for 100 units per acre has always existed. If any resident had gone to the Town to check into this prior to purchasing their property, they would have known this.

Tim Halbrook, a builder invited all residents to look at their development in Grand Chute.

Director Dearborn stated that if the Town Board were opposed, the Comprehensive Plan would need to be changed because this fits in the comprehensive Plan.

MOTION: Supervisor Sprague, second Supervisor Nennig to adopt as submitted and approve the resolution for a conditional use permit for MCC Inc. Motion approved on a roll call vote. Krueger Excused, Sprague Yes, Jurgensen Yes, Nennig Yes, and Chairman Tews Yes. Motion passed 4-0.

G. 990524-7: Conditional Use Permit – Gateway Development

This item was discussed along with #990524-1 the Preliminary Plat for Gateway Development previously on tonight’s agenda.

MOTION: Supervisor Sprague, second Supervisor Nennig to adopt as submitted and approve the resolution for a conditional use permit for Gateway Development. Motion carried unanimously with Supervisor Krueger excused.

H. 990524-8: Certified Survey Map – Kampo Warehousing

MOTION: Supervisor Sprague, second Supervisor Jurgensen to adopt as submitted and approve the resolution for approving the certified survey map for Kampo Warehousing as submitted. Motion carried unanimously, with Supervisor Krueger excused.

I. 990524-9 Certified Survey Map – Kampo Warehousing 5505:

MOTION: Supervisor Jurgensen, second Supervisor Nennig to adopt as submitted and approve the resolution for the certified survey map for Kampo Warehousing as submitted. Motion carried unanimously, with Supervisor Krueger excused.

J. 990524-10: Certified Survey Map – Palisades Commercial

Joe Trudell questioned where the property was located.

Director Dearborn explained that the location of the property is along Valley Road. All resident concerns were addressed.

MOTION: Supervisor Sprague, second Supervisor Jurgensen to adopt as submitted and approve the resolution for the certified survey map for Palisades Commercial as submitted. Motion carried unanimously, with Supervisor Krueger excused.

K. 990524-11: Sign Review – Wisconsin Tissue

MOTION: Supervisor Sprague, second Supervisor Jurgensen to adopt the sign resolution for Wisconsin Tissue. Motion carried unanimously, with Supervisor Krueger excused.

L. 990524-12: Conditional Use Permit – Stone Ridge Estates

MOTION: Supervisor Sprague, second Supervisor Nennig to adopt the resolution and approve the conditional use permit for Stone Ridge Estates. Motion carried unanimously, with Supervisor Krueger excused.

M. 990524-13: Reschedule Public Hearing – Touchmark Living Center – 3333 W. Prospect Avenue – RE: #990412-2

MOTION: Supervisor Sprague, second Supervisor Jurgensen to adopt the resolution and approve the June 14th public hearing regarding Touchmark Living Center. Motion carried unanimously, with Supervisor Krueger excused.

N. 990524-14: Extend Contractor(s) Withdrawal of Bids for Old Business Items #990426-10 and #990426-11 – West American Drive

MOTION: Supervisor Sprague, second Supervisor Jurgensen to adopt the approval of a 30 day extension for the withdrawal of bids. Motion carried unanimously, with Supervisor Krueger excused.

O. 990524-15: Intermunicipal Cooperation Agreement – Town of Menasha and Town of Clayton 1999 Asphaltic Concrete Paving Program

MOTION: Supervisor Sprague, second Supervisor Jurgensen to adopt the resolution and approve the Intermunicipal Cooperation Agreement. Motion carried unanimously, with Supervisor Krueger excused.

P. 990524-16: Temporary Summer Help - Police

MOTION: Supervisor Sprague, second Supervisor Nennig to adopt the resolution approving hiring temporary summer help at $7.50 per hour with a total cost not to exceed $7,800. Motion carried unanimously, with Supervisor Krueger excused.

Q. 990524-17: Budget Transfer - Police

MOTION: Supervisor Sprague, second Supervisor Jurgensen to adopt the resolution and approve the budget transfer for the Police Department. Motion carried unanimously, with Supervisor Krueger excused.

R. 990524-18: Set Bond Amounts – Municipal Court

MOTION: Supervisor Sprague, second Supervisor Jurgensen to adopt the resolution and to approve the attached bond schedule for the adopted state laws of March 22, 1999 to the Town of Menasha Code. Motion carried unanimously, with Supervisor Krueger excused.

 

S. 990524-19: Expenditures

MOTION: Supervisor Sprague, second Supervisor Nennig to adopt the resolution approving the expenditures with the exception of none. Motion carried unanimously, with Supervisor Krueger excused.

VII. ORDINANCES

A. 990510-1:ORD Ordinance Amending and Recreating Chapter 3,3.01(5) – Police and Emergency Government Management, SECOND READING & ADOPTION

MOTION: Supervisor Sprague, second Supervisor Jurgensen to accept the second reading of the ordinance and adopt as submitted. Motion carried unanimously, with Supervisor Krueger excused.

B. 9900510-2:ORD An Ordinance Amending Chapter 10, (10.01-1d) and (10.05-2(a2)) – of the Town of Menasha Municipal Code – Solid Waste and Garbage Disposal; Licensing and Regulation. SECOND READING AND ADOPTION

MOTION: Supervisor Sprague, second Supervisor Nennig to accept the second reading of the ordinance and adopt as submitted. Motion carried unanimously, with Supervisor Krueger excused.

C. 990510-3:ORD An Ordinance Amending Chapter 7, Section 7.01(2) Exceptions, of the Town of Menasha Municipal Code – Public Protection, Orderly Conduct and Firearm/Gun Control (specifically eliminating all portions of Section 3) SECOND READING AND ADOPTION

The following has been transcribed and interpreted as accurately as possible.

Michael Guckenberg, 4470 E. Balsam Lane Rhinelander, WI, I share family ownership with property at 2189 W. Butte des Morts Beach Road. I’ve been watching the proceedings on this hunting issue from afar through my family and the news paper and have felt confident that there will be just decisions made based on fact by this Board. I’m here today and I drove down specifically for the concerns I have regarding the recent decibel ratings that you, I believe have requested that were completed in April 27 by Chief, Deputy Chief McCants I believe, two other officers and some people from the Dept. of Labor. I’ve looked at these in detail and aside from the technical problems believe they’re flawed. I state this based on a more common sense then logical approach that when sound travels over distance, it obviously should become less audible. I did a break down on those inconsistencies that are obvious from looking at your peoples readings. I’m not here today to make any allegations of how they got that way. I think you’ve heard enough of that about that issue over the time. But I do believe that as a piece of evidence such as this, it certainly has the potential to be evidentiary in further litigation that pending on your vote today, will possibly arise. I propose that something valid and verified be done once and for all on this issue. To this extent, I believe, we should have a third party be involved and I believe that this should be arrived at in consensus with the property owners and the Board. Shared costs are not an issue. And I think this party should be derived from the Governor’s office and/or Department of Natural Resources. Someone who is not going to take a biased look at this.

(Clerk Sprague) Would you happen to have what ever you distributed for the Clerk?

(Michael Guckenberg) I really don’t have anything else to add other then I think it’s time we really got some facts and you base your decision based on some facts versus what I’ve seen to come before you, to this point. Thank you.

(Chairman Tews) Any questions from the Board? We had the decibel readings taken because it was a request from a citizen from the Town. That’s why I instructed the Chief to get some decibel readings, and I believe you got OSHA, right?

(Chief Weiss) We got OSHA, the Department of Labor of the Federal Government, and I don’t think that you can find a more competent agency to do it then those people that do it on a regular basis. That’s their job. They do it nation wide.

(Char Steenis) 2175 W. Butte des Morts Beach Road. Why the disparity then? If sound travels, obviously it’s going to be louder closer to where it came from, then farther away from where it came from. And your list that was done by the OSHA and the Town Deputy Chief, Deputy officer, I don’t know if it was the Chief, ahh, verifies that, it verifies that it got quieter close up, and louder further away. That doesn’t make sense. That’s why we’re requesting an impartial third decibel reading taken. The one we had done and my husband was the one who requested this. The one that we had done, everything was documented. It was done by a professional.

(Clerk Sprague) Being the Clerk it had been asked of me to inquire, who did your reading? And I guess I really didn’t have that information. Would you be able to provide that?

(Char Steenis) Just a second, I have that information for you. His name is Ron – I’ll find it for you and I’ll give it to you after the meeting. Is that all right? It’s in my folder.

(Clerk Sprague) I’d appreciate that.

(Chairman Tews) This issue really is the discharge of firearms and when I asked the Chief to do a decibel reading it’s because it was a request from a citizen.

(Michael?) What was the reason, if I can ask, that the independent readings that were done by the expert that Ms. Steenis was just talking about were not accepted?

(Chairman Tews) We were asked to get one, that’s, and who else do I look but our Chief. Yes sir –

(Mark Steenis) 2175 W. Butte des Morts Beach Road I would just like to know what is the basis for posing the discharge of firearms?(Dick) I would like to address that if I may (Mark Steenis), Dick I would like the Board to give me the answers to this please. To the residents.

(Chairman Tews) It’s been asked from the citizens from the Town. And there’s one of them. (as Richard Ratchman was standing) Let him address us.

(Mark Steenis) OK Is there some, I would like to know if there’s some proof that things are unsafe.

(Richard Ratchman), 209 Stroebe Road Stroebe Island I’d like to review some of the comments that were made from the survey because they give a real indication from residents out on Stroebe Island much more than just checking a box,. Yes we should continue the hunting or the discharge of firearms, or no we should not continue the discharge of firearms. There was a time when this would have been fine. However, now this is a very developed residential area. Even if the hunting was approved, the parties involved would not allow public hunting there. No, no, no. Firearm discharge near a residential area, like Stroebe Island is dangerous. We hate the noise of guns being shot to kill any wildlife at all, in or near an area which we live. It is time for the Ordinance to be modified. I walk ever morning along the marsh area, and have serious concerns for my own safety. The noise is an obvious nuisance especially at 6:00 a.m. The area has become very inhabited. Both my wife and I thought the hunting was illegal already. It is beyond reason to continue this practice. This should have been closed a long ago. I hope I will be advised the outcome of this ballot. The discharge of firearms in the Town of Menasha should be stopped immediately. Thank you. Too many homes on Stroebe Island. I believe it is a nuisance and potentially dangerous. I do not understand the circumstances to allow it in this now developed area. It is inconsistent. Times have changed since this permit was made. We have too many people, cars, and trains in the area. Firing zones now connect to a residential neighborhood, which is rare anywhere in Neenah, Menasha, Grand Chute. Also the duck hunting is too noisy at dawn. Extremely unsafe situation with all the hunter conflicts and shooting. It would be wiser to prohibit the use of firearms before an accident happens, then to wait until after one happens. It is unsafe. This will get worse as more people move into the area. Too many young children around for the noise of guns. We walk. I don’t like being on the Island hearing guns. I’m tired of being woke up early on a Saturday to the sound of gunshots. It doesn’t make sense to hunt and shoot wild birds and animals in an area densely populated for families including children. These are statements from my neighbors (2) thirds of the respondents on the survey that indicated that they would like to see the discharge of firearms discontinued. I think these statements clearly give indication as to reasons why we want to see the discharge of firearms stopped. Thank you.

(Chairman Tews) Yes.

(Mark Steenis?) I would just like to respond to that. I’ve heard beliefs, I’ve heard concerns, and I’ve heard opinions, but never heard a single fact as to why it should be –

(Chairman Tews) George, do you remember, what was that survey, umm the survey we had the percentage, do you have that?

(George) It was around 50, I don’t have it in front of me, it’s hard for me, and it was a majority that favored the discontinuance of hunting. (Administrator Vitas) I don’t have the results here either.

(Chairman Tews) We had a survey of the Stroebe Island, the entire Island and W. Butte des Morts Beach Road. (George) That’s correct.

( ? ) How can you use a biased survey? If the whole Town, Township and all the voters in this Township, have the right to that survey, not just pinpoint local surveys to people such as this here, who are already biased against it. I believe that’s discriminatory.

(Supervisor Jurgensen) In our Ordinance, the original Ordinance, I think it says in there that we have the right to modify this Ordinance, or looked at it, because we have looked at it several times and it’s an existing Ordinance. We’re just re-looking at it right now.

(Chairman Tews) We have the right to do that, yes. This is an issue that has come up the last 6, 8, 10 years, occasionally now and then, it has come up continually. I really don’t know how many times, but we’ve discussed this issue over the years. Like we do anything else when questions and problems come up in the Town. Any other questions?

(Chuck Lewis) I’d just like to add a short comment, I’m Chuck Lewis, 2167 Woodlawn Lane. Earlier this evening you heard some very emotional statements by residents one of our streets that was being, where they were having multi family housing built near by. If these people were concerned about having that type of housing built ¼ of a mile away, I just like to have you consider how the people on Stroebe Island feel who are fearful of being able to enjoy the peace and quiet they moved to the Island for. Thank you.

(Chairman Tews) I saw a hand over here.

(Russ Handevidt) 1801 W. Butte des Morts Beach Road. I’d like to come at this from a whole different angle. When it came up at the last meeting at the first reading, from time to time the Town gets into various situations for good reasons, bad reasons whatever, that potentially and has put us in very costly litigation for many different reasons. I think from the last meeting that we had which was the last meeting here it was obvious that certain people are going to take this to court. Ahh, either Mr. Lemke or Mr. Claypool ahh, should be the information that was presented at the last meeting should be turned over to their law firm to advise the Town. Is there any justification? Do they have a case? Let me put it that way. The Town, I think, should find out if there’s a factual basis for their litigation before we vote one way and then turn around and potentially kick the Town in it’s face, and have to spend a lot of money on a law suit settlement if it goes for whichever way it may go. If at least you had advise from our attorneys as to whether you want to go ahead and buck the law suit, shall we say the potential law suit, I think it would be advisable to refer this for two weeks, your second reading or whatever, while you got an opinion from the attorneys. You get an opinion from the attorneys for many other things, and if there is going to be a law suit, I think theTown attorneys should tell us if it’s worth fighting or whatever. I just think we need to find out, cause potentially you could be talking some money here, and I would like to see us cut that off before it gets to be expensive. That’s my only point.

(Jack Lemke) Should I respond to that, my understanding is that this issue has been researched on a number of occasions by my partner, John Claypool. I’ve looked at it briefly and John has briefed me on the issue. From what I know about the issue including a review of the letter from the group’s attorney that was presented last week, we’re certain the members of the group. There was nothing in that correspondence that did anything to change our law firm’s opinion that this is a valid exercise of the Town’s Police powers under the village powers to protect the public welfare, health and safety. This is not a hunting regulation issue from a legal standpoint. It’s a discharge of firearms issue, and with respect Russ, for that letter that came into the record last week. Nothing in that letter changed the opinion of the law firm.

(Russ Handevidt) That’s all that I was really looking for. Just a look at potentially the financial situation from the interpretation of the law firm.

MOTION: Supervisor Sprague, second Supervisor Jurgensen to accept the second reading of the ordinance and adopt as submitted. Motion carried unanimously, with Supervisor Krueger excused.

VIII. RESIGNATIONS/APPOINTMENTS

990524-1:APP Appoint – Police Commissioner

MOTION: Supervisor Sprague, second Supervisor Nennig to appoint Bob Weyenberg to the position of Police Commissioner. Motion failed with Sprague and Chairman Tews Yes, Jurgensen and Nennig voting No, and Supervisor Krueger excused.

MOTION: Supervisor Sprague, second Supervisor Jurgensen to appoint Richard Damrow to the position of Police Commissioner. Motion was adopted with a roll call vote with Sprague, Jurgensen and Nennig voting Yes, Chairman Tews No, and Supervisor Krueger excused.

IX. APPROVAL OF MINUTES

A. Public Hearing – 4/12/99

B. Regular Town Board Meeting – 4/12/99

C. Public Hearing – 4/26/99

MOTION: Supervisor Sprague, second Supervisor Jurgensen to accept the minutes as submitted. Motion carried unanimously, with Supervisor Krueger excused.

X. CORRESPONDENCE

Planning Commission Minutes – 4/21/99

Fire Dept. Report – 4/99

Park Commission Minutes – 3/10/99

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

XI. REPORTS

A. Bob Vitas, Town Administrator

Administrator Vitas review the status of the Valley Gateway Development Project.

B. Jack Lemke, Town Attorney - None

C. Carlene Sprague, Town Clerk –None

D. Town Board

Jeanne Krueger, Supervisor #1 – Excused

Robert Sprague, Supervisor #2 -

Supervisor Sprague would like to see the resolution regarding hourly overtime being at 40 hours per week. It currently states that it take effect in the year 2000. He thought it should take effect immediately. I would like to see the date brought back.

Administrator Vitas asked if the Town Board would like to take a vote on the effective date.

Supervisor Sprague asked that it be brought back on the June agenda to change the effective date to June 1st, 1999.

Jerry Jurgensen, Supervisor #3 – None

Allen Nennig, Supervisor #4

Supervisor Nennig stated that he had attended the Rally Day on May 12th in Madison and provided an update regarding what occurred.

I would like to be able to attend the Planning Commission meetings.

Administrator Vitas asked the attorney, and his recommendation was to not allow this because 3 Town Supervisors would be considered a quorum of the Board.

Supervisor Nennig asked the Town’s Attorney how to address this issue.

Administrator Vitas stated that perhaps the Town Board should reconsider the assignment changing Supervisor 1 and replace this position with Supervisor 4.

Director Dearborn stated that he thought the terms of office would not comply and the appointments would not comply with the State Statutes.

Supervisor Sprague stated that there should be a memo regarding what the Town is not doing right.

Chairman Tews stated that on May 27th at 6:00 p.m. there will be a joint meeting at the Fire station on Cold Spring and the Clerk was directed to take the minutes.

Chairman Tews stated he received the Final Tax Statement of 1998 and inquired if we always received this.

At 1269 Bartlein Court the culvert is plugged and inquired why?

Administrator Vitas stated that this a storm water management problem.

E. Arden Tews, Town Chairman - None

F. Other Town Officials

Grace Vander Velden, Director of FinanceExcused

Don Cox, Fire Chief – Chief Cox provided a report regarding the Y2K Committee. A full report will be coming in July.

George Dearborn, Director of Community Development – Director Dearborn commented that East Central Regional Planning Commission just certified our Comprehensive Plan. George suggested a workshop between the Town Board and Planning Commission because in his opinion too many plans are being denied. The Plan need to be modified.

Administrator Vitas commented that the density and locations are the areas that need to be addressed. This Board has inherited some albatrosses. The Highland Park area is a good example.

William Weiss, Police Chief – Chief Weiss asked the Board their position on waiving the bicycle registration fees. His memo was presented.

Chairman Tews stated we should bring it to the Board in an ordinance amendment.

Mike Lettier, Police Commission – None

MOTIONS BY SUPERVISORS

At 8:40 p.m., MOTION: Supervisor Jurgensen, second Supervisor Nennig 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, with Supervisor Sprague excused.

ANNOUNCEMENTS – Same as on Agenda

ADJOURNMENT

At 10:05 p.m., MOTION: Supervisor Sprague, second Supervisor Jurgensen to adjourn the regular meeting of the Town Board of Supervisors. Motion carried unanimously, with Supervisor Krueger excused.

Respectfully submitted,

 

Carlene L. Sprague, Town Clerk