Town Board Approved 9/27/1999

 

REGULAR MEETING OF THE

TOWN BOARD OF SUPERVISORS

Municipal Complex - Assembly Room

Monday, August 9, 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 Jeanne Krueger, Supervisor #1

Bob Sprague, Supervisor #2 Jerry Jurgensen, Supervisor #3

Allen Nennig, Supervisor #4 Carlene Sprague, Town Clerk

Carl Sutter, Town Engineer John Claypool, Town Attorney

Bogdan "Bob" Vitas, Administrator Grace Vander Velden, Dir. of Finance

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

Gaylene Nash, Asst. to Admin.

ALSO PRESENT:

Tim Coenen Jim Honick Lori Bedat-Smith

Robert Francart Michelle Polzin Tracy Gaulke

II. AWARDS/PRESENTATIONS – None

PUBLIC FORUM – NON-AGENDIZED TOWN RELATED MATTERS

Tim Coenen, Town Resident of 1028 Mayer Street addressed the Town Board regarding the poor condition of the property at 1005 Mayer Street and stated it is littered with junk. He stated that in the past, the Town of Menasha Police Dept. issued many fines and came over and cleaned it up. Now it is as messy as it was before.

Mr. Coenen questioned the future status of the residence at 1032 Mayer Street. Currently, it is vacant.

Mr. Coenen also complained about the Gary Dorschner property at 901 Mayer Street. He stated that there is a military vehicle parked on the residence and 7-8 cars. We, as a neighborhood have been spending a lot of money to increase the value of our homes. Recently, a neighbor had to sell his home at less than it’s real value due to the conditions of these other residences.

A Town Resident, Lori Bedat-Smith stated that recently she contacted Badger Highway, who is adjacent to the Mayer Street Subdivision regarding excessive problems with the dust. She stated that the person who answered the phone was uncooperative at Badger Highway.

Attorney Claypool addressed the Town residents in regards to the issuance of citations concerning the Public Nuisance Ordinance.

Grace Vander Velden, Finance Director stated that Town Resident, Norman Haapapuro was issued a citation regarding the Public Nuisance Ordinance, and an invoice with 30 days to pay. After the 30 days, he will be charged interest. We will add this to his tax bill if it is not paid.

Chairman Tews directed Attorney Claypool and Police Chief Weiss to further address this issue.

Lori Bedat-Smith, Town Resident suggested that the Town contact Badger Highways regarding this problem. She stated that she called the DNR and that there is a law or statute regarding dust control. She stated that in her opinion there was a lot of speeding on Mayer Street and requested that the Police Department address this issue.

She also stated she would like to see another street light on Mayer Street.

Director Dearborn addressed the Town’s policy on when to add street lights.

DISCUSSION ITEMS

OLD BUSINESS

NEW BUSINESS

A. 990809:1 Position Description – Police Administrative Lieutenant

MOTION: Supervisor Sprague, second Supervisor Jurgensen to adopt the resolution and approve the position description as submitted. Motion carried unanimously.

B. 990809:2 Job Classification Plan Amendment – Police Administrative Lieutenant

MOTION: Supervisor Sprague, second Supervisor Jurgensen to adopt the resolution and approve the job classification plan as submitted. Motion carried unanimously.

C. 990809:3 Table of Organization Amendment – Police Administrative Lieutenant

MOTION: Supervisor Nennig, second Supervisor Jurgensen to adopt the resolution and approve the table of organization as submitted. Motion carried unanimously.

D. 990809:4 Non-Represented Salary Plan Amendment – Police Administrative Lt

MOTION: Supervisor Sprague, second Supervisor Nennig to adopt the resolution and approve the salary plan as submitted. Motion carried unanimously.

E. 990809:5 Transfer Funds From Undesignated Fund Balance to Reserved Operating Fund

MOTION: Supervisor Sprague, second Supervisor Jurgensen to adopt the resolution and approve Option 4 changing the amount established in the Reserved Operating Fund to $7000,000. MOTION CARRIED ON A 3-2 VOTE. Sprague, Jurgensen, Nennig voted YES, Krueger and Chairman Tews voted NO.

F. 990809:6 Personnel Policy Amendment – Chapter 13, Training & Development

MOTION: Supervisor Sprague to approve. Motion withdrawn.

MOTION: Supervisor Jurgensen, second Supervisor Sprague to approve as amended. Section D: Conferences and Conventions (3) Deleting "and the four adjoining states (Illinois, Iowa, Michigan and Minnesota) Adding Town Board approval is required for other states.

Section E: Continuing Education and Training (2) If a Town employee terminates their employment for any reason within 12 months of the education or training, the Town shall be fully reimbursed by the employee for costs incurred by the Town, unless otherwise excused by the Town. Adding Within 24 months, the Town will be reimbursed by 50%.

Grandfathering people now pursuing their Master’s Degree.

MOTION CARRIED ON A 3-2 VOTE. Sprague, Jurgensen and Chairman Tews voted YES. Krueger and Nennig voted NO.

G. 990809:7 Petty Cash Fiscal Policy

MOTION: Supervisor Sprague, second Supervisor Jurgensen to adopt the resolution and approve the Petty Cash Fiscal Policy. Motion carried unanimously.

H. 990809:8 Roadway Development Agreement – Alex Court

This agenda item is referred to the August 23, 1999 Regular Town Board Meeting.

I. 990809:9 Revision to the Public Records Policy

MOTION: Supervisor Sprague, second Supervisor Nennig to adopt the resolution with the attached Public Records Policy was hereby adopted and made a part of this resolution. BE IT FURTHER RESOLVED, by the Town of Menasha Board of Supervisors hereby approves that the Public Records Policy shall stated that the fee for reproducing one tape to another shall be $10.00. Motion carried unanimously.

J. 990809:10 Individual Amusement Licenses – Tri County Arena

MOTION: Supervisor Sprague, second Supervisor Krueger to adopt the resolution and approve the Individual Amusement Licenses to the Tri County Arena for the "Gun Show", "Hmong Festival", Fox River Valley Cat Club Cat Show", "Fox Cities Business Expo" as submitted. Motion carried unanimously.

K. 990809:11 Expenditures

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

VII. ORDINANCES

A. 9900726-1:ORD Amending and Recreating Chapter 8 (entire chapter) – Public Nuisances SECOND READING & ADOPTION

MOTION: Supervisor Sprague, second Supervisor Krueger to accept the second reading of the ordinance.

MOTION: was amended by Supervisor Sprague, and seconded by Supervisor Krueger to include the changes suggested by Attorney Claypool to Paragraph 8.09 FARM MACHINERY/IMPLEMENTS AND FARM VEHICLES to say:

All farm machinery, farm implements and farm vehicles *which shall include, *but not limited to, all machinery, implements and vehicles designed *primarily for commercial agricultural purposes, or parts thereof, which have been allowed to remain outside of any building upon public or private property which is zoned residential, for a period in excess of three (3) days, unless in connection with an automotive sales or repair business located in a properly zoned area shall be subject to the terms and conditions of section 8.06 of the Town of Menasha Municipal Code.. Motion carried unanimously.

B. 990809-2:ORD Amending and Recreating Chapter 14 of the Town of Menasha Municipal Code – Swimming Pools Section 14.62(2)(a), (5)(a), and (6)(b)(c) is hereby amended and recreated to read as follows: FIRST READING

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

C. 990809-3:ORD Amending Chapter 16 of the Town of Menasha Municipal Code – Finance, Section 16.03(6)(2) FIRST READING

MOTION: Supervisor Sprague, second Supervisor Nennig to accept the first reading of the ordinance deleting "Whereas, pursuant to the approval of the Town Board of Supervisors to increase this amount by % an amendment to the dollar amount in Chapter 16, Section 16.03(6)92) is required." MOTION CARRIED ON A (3-2) VOTE. Sprague Jurgensen, Nennig voted YES. Krueger and Chairman Tews voted NO.

D. 990809-4:ORD Amending Chapter 11 of the Town of Menasha Municipal Code – Mobile Home Parks, Mobile Homes and Recreational Campers, Section 11.04(2) FIRST READING

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

VIII. RESIGNATIONS/APPOINTMENTS

990809-1:APP Promotion Fire Dept. Lieutenant

MOTION: Supervisor Sprague, second Supervisor Krueger to appoint Harlan Hough to Lieutenant . Motion carried unanimously.

990809-2: RES Resignation Police Communication Technician

MOTION: Supervisor Sprague, second Supervisor Jurgensen to accept the resignation of Brenda Johnson. Motion carried unanimously.

 APPROVAL OF MINUTES

Special Joint Meeting Planning & Town Board – 6/16/99

Regular Town Board Meeting –7/12/99

Public Hearing – 7/26/99

MOTION: Supervisor Nennig, second Supervisor Jurgensen to accept the minutes with corrections to the Regular Town Board Meeting of 7/12/99 (under Grace Vander Velden Report). Supervisor Sprague abstained. Motion carried unanimously.

X. CORRESPONDENCE

Park Commission Meeting Minutes –6/23/99

Fireline – 8/99

Fire Department Report – 7/99

Building Report – 8/99

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

XI. REPORTS

A. Bob Vitas, Town Administrator

a) Valley Gateway Development - Administrator Vitas updated the Town Board regarding the progress of this project. He stated that we have been meeting with the school district as well as the developer. At this stage, things are moving ahead positively.

b) Quarterly Financial Report - Administrator Vitas reported on the Town’s 2nd Quarter Financial Report. In general, I think the budgeted revenues are on target. I do not see any unexpected losses.

Administrator Vitas updated the Town Board regarding Olde Buggy Drive construction. He stated David Hildebrand, Town resident decided NOT to dedicate the right-of-way on Olde Buggy Drive. He suggested the Town Board schedule a closed session to determine how to proceed. A closed session was scheduled for Thursday, August 12, 1999 at 4:00 p.n.

B. John Claypool, Town Attorney Attorney Claypool stated he would report back to the Town Board in the next couple of weeks regarding the Town’s ordinance on train whistles.

C. Carlene Sprague, Town Clerk – Carlene Sprague stated that she had successfully completed her training at the Wisconsin Municipal Clerk’s Institute.

She is scheduled to attend the Wisconsin Municipal Clerk’s Annual Conference between August 18 – 20th. She would obtain the continuing education credits needed at the conference to certify her qualifications for the year 2000 Board of Review.

D. Town Board

Jeanne Krueger, Supervisor #1Robert Sprague, Supervisor #2

Jerry Jurgensen, Supervisor #3 --- Allen Nennig, Supervisor #4 – no Report.

E. Arden Tews, Town Chairman

Chairman Tews reviewed the budget schedule for the fall. Chairman Tews asked if there were any meetings regarding the Police Liaison Officer.

Administrator Vitas stated that he believed that there was another meeting scheduled for August 10th or 11.

F. Other Town Officials

Grace Vander Velden, Director of Finance

a) Director of Finance, Grace Vander Velden – provided an overview of the 1999 Budget Transfer Report (See attached)

George Dearborn, Director of Community Development – Director Dearborn updated the Town Board regarding his interviewing process for a Planning Intern.

Don Cox, Fire ChiefWilliam Weiss, Police Chief – no Report

MOTIONS BY SUPERVISORS

At 8:40 p.m., MOTION: Supervisor Sprague, second Supervisor Krueger to adjourn into closed session pursuant to 19.85(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 19.85(e) deliberating or negotiating the purchasing of public property, the investing of public funds, or conducting other specified public business, whenever competitive or bargaining reasons require a closed session. 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 9:40 p.m., MOTION: Supervisor Sprague , second Supervisor Krueger to adjourn the regular meeting of the Town Board of Supervisors. Motion carried unanimously.

Respectfully submitted,

Carlene L. Sprague, Town Clerk