Submitted for Town Board Approval May 8, 2000

REGULAR MEETING OF THE

TOWN BOARD OF SUPERVISORS

Municipal Complex - Assembly Room

Monday, February 28, 2000

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.

  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 6:12 p.m. and led the Pledge of Allegiance.

Clerk Sprague noted the roll as follows:

PRESENT:

Arden Tews, Town Chair Jeanne Krueger, Supervisor #1

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

Carlene Sprague, Clerk John Claypool, Town Attorney

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

George Dearborn, Dir. Of Community Dev Gaylene Nash, Asst. to Town Admin.

William Weiss, Police Chief Ron Krueger, Parks Director

Becky Thone, Summer Rec. Director

EXCUSED:

Bob Sprague, Supervisor #2

ALSO PRESENT:

Jerry Fritsch John Schaidler Mike Pheifer

Esther Walling John Wollner Jackie Couillard

Todd Engleman Joe Trudell Suzanne Derby

Mike Lynch Mike Lettier

II. AWARDS/PRESENTATIONS – None

A.) Presentation - Old Town Hall Renovation - Ron Krueger

Director of Parks and Recreation, Ron Krueger introduced the Recreational Coordinator, Becky Thone. An overview of this project was presented. In August of 1998, a study was completed on the old Town Hall with an estimate of repairs at $153,500.

Mr. Krueger stated that he would need an increase because we cannot make the changes for $100,000. The furnace will probably not make it another winter. The estimate is now at $200,000. 4200 sq. ft. at $50 per foot.

Supervisor Krueger asked how much the Town received for roof repairs on an insurance claim.

Much discussion ensued.

The 2000 bond issue was reviewed and how it pertains to the Valley Road Town Hall. Reference was made to the heating system and renovations.

Chairman Tews requested a written copy of what Mr. Krueger presented to the Town Board and Clerk Sprague.

Mr. Krueger requested approval for the increase and to proceed with the renovation.

Recreation Director, Becky Thone presented the uses proposed for the Town Hall. She stated that there has been a 36% increase in recreational programs in the Town of Menasha and that figure should continue to grow.

  1. PUBLIC FORUM – NON-AGENDIZED TOWN RELATED MATTERS

John Schaidler, representing Winnebago County, congratulated the Town Board for scheduling the meeting between the Park Commission and the Town Board on Wednesday, March 1, 2000. He presented a resolution which was introduced as an Assembly Bill to create 196.977 relating to telecommunications and internet services.

  1. DISCUSSION ITEMS

a.) Increase in Room Tax

Administrator Vitas reviewed a memo from the Town of Grand Chute. He provided an overview of the conditions that were approved for an increase of hotel / motel room tax to support the Fox Valley Performing Arts Center.

May 1st is the targeted date for a community room tax ordinance increase.

It was the consensus of the Town Board to direct Administration to prepare a resolution for the next Town Board meeting.

  1. OLD BUSINESS

NEW BUSINESS

A. 000228-1: Town Conditional Use Permit - Community Based Retirement Facility

MOTION: Supervisor Krueger, second Supervisor Nennig to adopt the resolution and approve the conditional use permit with the conditions of the Planning Commission report. Motion carried unanimously, with Supervisor Sprague excused.

Chairman Tews passed the gavel to Supervisor Jurgensen.

B. 000228-2: Request for Waiver of 66-Foot right-of-way requirements in High Plain Meadows

MOTION: Supervisor Krueger, second Supervisor Nennig to adopt the resolution and approve the request to waive the 66-foot right-of-way requirement in High Plain Meadows. Motion carried (3-0) with Krueger, Jurgensen, Nennig-Yes, Chairman Tews-Abstained, and Supervisor Sprague excused.

Gavel is passed back to Chairman Tews.

C. 000228-3: Street Vacation, Portion of Kuehn Court

Director of Community Development George Dearborn stated that a certified survey map needs to be submitted prior to the street vacation and the Town's Attorney should review it.

MOTION: Supervisor Krueger, second Supervisor Jurgensen to adopt the resolution and approve the street vacation after the certified survey map is completed and reviewed by the Town's Attorney. Motion carried unanimously, with Supervisor Sprague excused.

D. 000228-4: Set Public Hearing - Vacation of Utility Easement - Cold Spring Villas, Phase II

MOTION: Supervisor Krueger, second Supervisor Jurgensen to adopt the resolution and approve setting the public hearing for April 24th at 5:50 p.m. Motion carried unanimously, with Supervisor Sprague excused.

E. 000228-5: Acceptance of GREAT Grant

Chief Weiss provided an overview of what this grant provides. A report will follow at the Annual Town's Meeting in April. This money is shared with the City of Neenah. We administrate the program. It is provided for the children of the Neenah School District.

MOTION: Supervisor Nennig, second Supervisor Jurgensen to adopt the resolution and hereby accepts funding through the G.R.E.A.T. Grant from the Department of the Treasury in the amount of $51,600. Motion carried unanimously, with Supervisor Sprague excused.

F. 000228-6: 1999 Year-End Budget Transfer

MOTION: Supervisor Jurgensen, second Supervisor Nennig to adopt the resolution and approve the year end budget transfers in the amount of $14,009.00 as submitted. Motion carried unanimously, with Supervisor Sprague excused.

G. 000228-7: Preliminary Borrowing Resolution

This resolution was incorrectly listed as No. 6 and should read No. 7.

The resolution was amended to read as follows:

WHEREAS, this resolution is to authorize Ehlers and Associates, Inc. to solicit competitive bids for not to exceed $1,560,000. $1,600,000. General Obligation Promissory notes of the Town of Menasha, Wisconsin.

Also, NOW THEREFORE, BE IT RESOLVED by the Town Board of the Town of Menasha Winnebago County, Wisconsin, that Ehlers and Associates, Inc. be authorized to solicit competitive bids from the Wisconsin Board of Commissioners of Public Lands or, alternately, from banks and other financial institutions for the purchase of not to exceed $1,560,000.00 $1,600,000.00 General Obligation Promissory Notes of the Town of Menasha. to be amortized in the years 2006 through 2010.

Much discussion ensued regarding the borrowing of additional money to renovate the Old Town Hall and paving of the driveway at the Town Hall.

Chairman Tews asked that if we pass this resolution and decide to borrow less money, can we reduce the amount?

Much discussion ensued.

Administrator Vitas advised that the Town should hold a public information meeting regarding Cold Spring Road reconstruction.

MOTION: Supervisor Jurgensen, second Supervisor Krueger to adopt the resolution and authorize the Town to solicit competitive bids from the Wisconsin Board of Commissioners of Public Lands or alternately, from banks and other financial institutions for the purchase of not to exceed $1,600,000. Motion approved on a roll call vote (4-0), Krueger-Yes, Jurgensen-Yes, Nennig-Yes, Chairman Tews-Yes, and Supervisor Sprague was excused.

H. 000228-8: Oppose Potential Legislation Limiting County Ownership and Operation of Telecommunications Utility Equipment

MOTION: Supervisor Krueger, second Supervisor Jurgensen to adopt the resolution and hereby expresses its opposition to any potential legislation prohibiting Winnebago County, its municipalities, school districts, colleges and universities from owning, operating and providing telecommunications services and internet access services as is provided is Legislative Reference Bureau Draft 4210/1. Motion carried unanimously, with Supervisor Sprague excused.

I. 000228-9: Contract Award - Document Imaging

MOTION: Supervisor Krueger, second Supervisor Nennig to adopt the resolution and award the contract to F.Y.I. based on pricing and experience. Motion carried unanimously, with Supervisor Sprague excused.

J. 000228-10: Job Classification Plan - 2000

This resolution was not listed on the Agenda. Therefore was not voted on at this meeting.

K. 000228-11: Table of Organization - 2000 Adoption

Supervisor Krueger stated that under the Legislative the Town Chairman should be in the same row as the Supervisors. The Town Electorate should be on the top row. Change the Departmental Secretary from 100% Finance Department to 50% Finance and 50% Clerk.

Chairman Tews asked if the Utility District employees are going to remain in their building?

Administrator Vitas stated that it is his intention to move the Utility District people to the Municipal Complex.

Clerk Sprague stated that, if the Clerk is moved, the Departmental Secretary does a great portion of licensing and this would cause a great problem in her department. Employees who work for the Clerk should all be together in the same area. At election time, she is the Special Voting Deputy and helps with absentee ballots daily. She also updates the Municipal Codebook, under my supervision. She has over 20 miscellaneous duties that are performed daily that are coordinated with the Clerk's office.

MOTION: Supervisor Jurgensen, second Supervisor Nennig to adopt the resolution and approve the Table of Organization-2000 with the above noted changes

1.) The Town Chairman position moved to be horizontal with the Town Board,

2.) The Office Receptionist listed under Finance would be 50% Finance and 50% Clerk.

Motion carried unanimously, with Supervisor Sprague excused.

L. 000228-12: Non-Represented Salary Plan - 2000 Adoption

MOTION: Supervisor Jurgensen, second Supervisor Nennig to adopt the resolution and approve the non-represented salary plan of 2000 as submitted. Motion carried unanimously, with Supervisor Sprague excused.

M. 000214-13: Individual Amusement License - Tri County Arena Antique Showcase and Sale

MOTION: Supervisor Krueger, second Supervisor Jurgensen to adopt the resolution and approve the Individual Amusement License to Tri County Arena for the Antique Showcase and Sale. Motion carried unanimously, with Supervisor Sprague excused.

N. 000214-14: Individual Amusement License - Tri County Ice Arena - Post Crescent Home and Garden

MOTION: Supervisor Krueger, second Supervisor Jurgensen to adopt the resolution and approve the Individual Amusement License to Tri County Arena for the Post Crescent Home and Garden Show. Motion carried unanimously, with Supervisor Sprague excused.

O. 000214-15: Individual Amusement License - Tri County Ice Arena - Spring Sport and Vacation Show

MOTION: Supervisor Jurgensen, second Supervisor Krueger to adopt the resolution and approve the Individual Amusement License to Tri County Arena for their Spring Sports and Vacation Show. Motion carried unanimously, with Supervisor Sprague excused.

P. 000214-16: Expenditures

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

VII. ORDINANCES

A. 000214-1:ORD Amending and Recreating Chapter 1, Composition and Duties of General Town Government, Section 1.03, Appointed Boards, Commissioners and Committees (2) Planning Commission of the Town of Menasha Municipal Code SECOND READING

Supervisor Jurgensen suggested that at least one person from the Town Board should serve on this Commission.

Supervisor Krueger did not agree, She stated that it gets too political.

Much discussion ensued.

Director Dearborn suggested using the Comprehensive Plan as the tool. The Town Board appoints the Commission. You would be getting recommendations from people that you entrust.

Chairman Tews stated that the Town Board never receives the Planning Commission minutes on time.

Director Dearborn stated that there is not enough time from Wednesday to Friday to prepare them. Director Dearborn could change the Planning Commission meeting dates and have the minutes done prior to the Town Board meeting.

Supervisor Jurgensen stated that this has been a concern because the Town Board hasn't been able to get any minutes.

Administrator Vitas stated that even if the minutes are done, all you could get would be a draft. Minutes need to be approved by the Planning Commission first.

Much discussion ensued.

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

VIII. RESIGNATIONS/APPOINTMENTS

A. 000228-1:APP Appoint - Individual/Business of the Year Committee Member

MOTION: Supervisor Jurgensen, second Supervisor Krueger to accept the appointment of Nancy Mc Fadden to the Individual/Business of the Year Committee for a two-year term expiring March of 2002. Motion carried unanimously, with Supervisor Sprague excused.

IX. APPROVAL OF MINUTES

  1. Regular Town Board Meeting – 01/10/00

MOTION: Supervisor Nennig, second Supervisor Jurgensen to approve the minutes of the January 10, 2000 regular Town Board meeting. Motion carried unanimously, with Supervisor Sprague excused.

X. CORRESPONDENCE

XI. REPORTS

Town Administrator

A. Town Administrator

a) Valley Gateway Development

Administrator Vitas reviewed what steps were underway regarding the residential development. He also discussed the status of a commercial retail center.

b) Position Description - Information System Specialists

There will be a meeting on Monday at 4:30 to finalize this position, subject to approval of the Town Board. It is scheduled to start this summer. The Personnel Committee has reviewed it. There were minor modifications made by department managers.

Parkwood Investment Reimbursement

Parkwood Investment did accept the Town's proposal for reimbursement and the Town did receive a full release of any potential claim.

Nicolet Lumber / Phase II

We released the escrow for Phase II. The responsibility lies in the engineer's errors regarding this development.

Mr. Ribble, Town Resident has received payment of $800 after damaged by Dorner Stahl to his property.

B. Town Attorney

John Claypool, Town Attorney stated that the petition to appear in Supreme Court for Urban Hubert has been denied.

C. Town Clerk – none

D. Town Board

  1. Jeanne Krueger, Supervisor #1 – None

  2. Robert Sprague, Supervisor #2 – Excused

  3. Jerry Jurgensen, Supervisor #3

    Supervisor Jurgensen stated that he appreciated the Town's representation at the Big Brothers Big Sisters bowling function. He commended the Town staff for their donations of time and money for this worthy cause.

  4. Allen Nennig, Supervisor #4

Supervisor Nennig reported on a meeting that he attended on storm water management as well as Gaylene Nash at the Paper Valley.

E. Town Chairman

Chairman Tews stated a resident inquired about buildings that are allowed to be built next to our borders and the control of their water flow. The Town has tried to establish an agreement between the 3 municipalities,Town of Clayton, Town of Neenah, and the Town of Menasha.

Administrator Vitas stated that storm water is a countywide problem. The Town of Neenah has failed to approve the Intermunicipal Agreement with the Town of Menasha to date.

Chairman Tews reviewed a fax from Bill Bertram regarding closure of American Drive.

Administrator Vitas provided an explanation

Chief Weiss stated that if you plan to close off American Drive to the south it would be a tremendous safety issue.

F. Other Town Officials

George Dearborn, Director of Community Development

Director Dearborn stated that we received a donation of wetlands from Warehouse Specialists.

Gaylene Nash, Assistant to the Administrator -

Gaylene Nash reported on the stormwater management seminar that she recently attended at Paper Valley.

Grace Vander Velden, Director of Finance - none

Don Cox, Fire Chief - none

William Weiss, Police Chief - none

Mike Lettier, Police Commission - none

  1. MOTIONS BY SUPERVISORS

At 9:10 p.m., MOTION: Supervisor Krueger, second Supervisor Nennig to adjourn into closed session pursuant to 19.85(c) of the Wisconsin State Statutes; considering employment, promotion, compensation or performance evaluation data of any public employe over which the governmental body has jurisdiction or exercises responsibility. 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.

  1. ANNOUNCEMENTS – Same as on Agenda
  2. ADJOURNMENT

At 10:25 p.m., MOTION: Supervisor Jurgensen, second Supervisor Nennig to adjourn the regular meeting of the Town Board of Supervisors. Motion carried unanimously, with Supervisor Sprague excused.

Respectfully submitted,

Carlene L. Sprague, Town Clerk