Submitted for Town Board Approval - 03/22/99




Municipal Complex - Assembly Room

Monday, February 8, 1999



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.


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:


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

George Dearborn, Dir. of Com. Dev. Gaylene Nash, Asst. to Admin.

William Weiss, Police Chief


Bill Acker Pete Guckenberg Josh Guckenberg

Lee Neerhof Joe Trudell Rick Williams

Robert Francart Steve Veldhorst Russ Handevidt

Michael Lettier Mark Cumings




Pete Guckenberg, Town Resident, commented regarding the frequency that the Wisconsin Central Railroad is switching or idling engines and railroad trains by his home. He stated his family’s life has been disrupted due to the fact that the railroad uses the tracks by his home.

Richard Williams, Town Resident on Plummer Avenue, stated that there was a crack in the pavement and inquired regarding whether the Town plans to repair it. He stated that the crack was the result of Sanitary District 4 installing a water main.





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

Administrator Vitas suggested that the Board delay this special assessment for 30 days.

Bill Acker, representing Apple Valley Church, requested more information from Administrator Vitas regarding why there would be a delay.

Administrator Vitas explained the reason for the delay.

Chairman Tews requested that the amounts that each participant would pay would be added to the resolution.

Supervisor Krueger stated that the last time this resolution was discussed, the Board requested information regarding if Sanitary District 4 was going to participate in the cost.

MOTION: Supervisor Nennig, second Supervisor Krueger to refer this resolution to the March 8, 1999 Town Board Meeting. Motion carried unanimously.



A. 990208-1: Election Officials Wages

MOTION: Supervisor Sprague, second Supervisor Nennig to approve the per diem rates for election officials wages. Motion carried unanimously.

990208-2: 1998 Budget Carry Over Request – Community Development

The minutes reflect that the resolution number should be corrected to read "990208-2".

MOTION: Supervisor Sprague, second Supervisor Jurgensen to authorize the Town Administrator and Director of Finance to execute said carry over, effective immediately. Motion carried by a vote of 4-1, with Chairman Tews voting NO.

Chairman Tews stated that he had a concern regarding this transfer when we do not have a contract and do not know the true cost.

C. 990208-3: 1999 Budget Amendment

MOTION: Supervisor Sprague, second Supervisor Nennig to authorize the Director of Finance to amend the 1999 budget as outlined in the resolution. Motion carried unanimously.

D. 990208-4: Agreement ECWRPC Comprehensive Plan Update

MOTION: Supervisor Sprague, second Supervisor Nennig to approve the Agreement with East Central Wisconsin Regional Planning Commission for the updating of the Town’s Comprehensive Plan and Town maps at a cost not to exceed $4,600. Motion carried unanimously.

990208-5: TMPPA Union Contract – Side Bar Agreement

MOTION: Supervisor Sprague, second Supervisor Jurgensen to approve the TMPPA Union Contract – Side Bar Agreement, retroactive to January 1, 1999. Motion carried unanimously.

F. 990208-6: Appointment Police Commissioner

MOTION: Supervisor Sprague, second Supervisor Jurgensen to approve the term of office for David A. McFadden to the Board of Police Commissioners, commencing the 1st of May, 1998 and terminating the 1st of May, 2003. Motion carried unanimously.

G. 990208-7: Expenditures

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









Building Report – 1/99

Fireline – 2/99

Police Activity/Crime Report – 12/98

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



A. Bob Vitas, Town Administrator

Valley Gateway Development Project

Administrator Vitas informed the Board that the engineering is still in process and will be completed soon. A letter from Bechard should be coming shortly regarding their progress.

Sale of Disposable Town Land

Administrator Vitas reported to the Board that we are currently advertising and have received some inquiries.

Administrator Vitas referred back to the Public Forum and Mr. Guckenberg’s complaint regarding the Railroad Committee and the Wisconsin Central Railroad. He stated that this committee needs to hold a meeting.

Chairman Tews stated that he had received complaints from other Residents as well. He suggested a letter be sent to Wisconsin Central Railroad and legislatures.

Supervisor Krueger questioned whether or not a berm between Residents and the railroad tracks would help.

Administrator Vitas stated that he did not believe the Town Board or the Railroad Committee can resolve Mr. Guckenberg’s problems.

B. John Claypool, Town Attorney

Attorney Claypool asked for the Board’s policy regarding closed minutes and publishing the closed minutes. He stated that it is not a legal requirement that the Town publish the minutes unless there is a request made by the public, then legal council would get involved. He looked for direction from the Board.

Supervisor Sprague stated that he believed the closed minutes should be released.

Supervisor Krueger agreed with Supervisor Sprague.

Clerk Sprague stated that, in her opinion, the closed minutes should be released after an issue has been resolved, providing it did not create litigation for the Town.

C. Carlene Sprague, Town Clerk – No Report

D. Town Board

Jeanne Krueger, Supervisor #1 – No Report

Robert Sprague, Supervisor #2 – No Report

Jerry Jurgensen, Supervisor #3 – No Report

Allen Nennig, Supervisor #4

Supervisor Nennig suggested that everyone attend the Wisconsin Towns Association District Meeting on March 13, 1999 at Apple Creek Inn.

E. Arden Tews, Town Chairman

Chairman Tews informed the Board that Attorney Roger Clark has offered his services to the Town of Menasha in regards to a storm water management issue with the Town of Neenah and Town of Clayton. He stated that the meeting would be in March or April. He looked for direction from the Board regarding a good time. He suggested 4:30 p.m. the 1st or 3rd Monday of the month.

F. Other Town Officials

George Dearborn, Director of Community Development

Director Dearborn distributed the survey the Town intends to distribute regarding the discharge of firearms on Stroebe Island.

Supervisor Sprague asked if this includes businesses like Great Northern Container.

Supervisor Krueger stated that the survey was confusing.

Attorney Claypool agreed that the survey is confusing and should be clarified further.

William Weiss, Police Chief

Chief Weiss spoke in regards to receiving notification from the Department of Justice for hiring additional police officers. He asked if the Police Department could apply for a grant to hire additional police officers.

Supervisor Sprague stated that the grants are great; however, we eventually have to pay for the police officers that we hire.

It was the consensus of the Board that Chief Weiss apply for the grant.




ANNOUNCEMENTS – Same as on Agenda


At 7:20 p.m., MOTION: Supervisor Sprague, second Supervisor Jurgensen to adjourn the regular meeting of the Town Board of Supervisors. Motion carried unanimously.

Respectfully submitted,


Carlene Sprague

Town Clerk