Town Board Approved` October 25, 1999

 

REGULAR MEETING OF THE

TOWN BOARD OF SUPERVISORS

Municipal Complex - Assembly Room

Monday, September 13, 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.

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. Richard Eiberger, Town Assessor

Attorney Lemke

* Supervisor Nennig arrived at 5:40 p.m.

ALSO PRESENT:

Jan DeKeyser Sharon Heschke Eileen Tews

Robert Francart Betty Zaborsky Lucille Luedtke

Pat Boushley Joe Trudell Kate Mc Quillan

Arun Chatterji Mike Lettier

II. AWARDS/PRESENTATIONS – None

A) Presentations – Mayor Hanna & Mayor Laux

Chairman Tews, representing the Town of Menasha, presented Mayor Hanna, representing the City of Appleton and Mayor Laux, representing the City of Menasha with a plaque honoring the mapping of the Future Boundaries of the Two Communities with the Town of Menasha. He stated that history had been made in the Fox Valley. We are all very proud.

Mayor Laux stated it really is a milestone and a pleasure to be able to achieve this accomplishment.

Mayor Hanna stated that when Cities and Towns are involved in annexation fights, there is very little gain. He looks forward to a positive working environmental with the Town of Menasha.

B) Oath of Office - Patrick Tobin – Fire Dept. Captain

Harlan Hough – Fire Dept. Lieutenant

Clerk Sprague administered the Oath of Office to appointed Captain Patrick Tobin and Lieutenant Harlan Hough of the Town of Menasha Fire Department. The Town of Menasha Board of Supervisors and Town staff congratulated them for their accomplishment.

Other members of the Fire Department were present. They displayed the Town's new fire truck.

  1. PUBLIC FORUM – NON-AGENDIZED TOWN RELATED MATTERS

Kate Mc Quillen, 916 Jacobsen Road addressed concerns that she had and questions regarding future street construction on Jacobsen Road.

Pat Boushley, Town resident of Westfield Condominiums, stated that she and another resident had concerns regarding this issue. They questioned if there is a definite project coming up in the future.

Chairman Tews stated that on September 21st there is an informational meeting scheduled for Jacobsen Road residents regarding these issues and encouraged town residents to attend this meeting.

Administrator Vitas provided feedback to town residents regarding this issue.

  1. DISCUSSION ITEMS

  1. OLD BUSINESS - None

  1. NEW BUSINESS

A. 990913-1: Order Creating the Town of Menasha Utility District in the Towns of Menasha and Neenah, and the Cities of Appleton, Menasha and Neenah, Winnebago County, WI

MOTION: Supervisor Sprague, second Supervisor Jurgensen to adopt the resolution and approve the creation of the Town of Menasha Utility District as submitted. Motion carried unanimously by the Town of Menasha Board of Supervisors.

    1. 990913-2: Assumption Agreement and Amendment to the Wastewater Treatment Services Contract with the Neenah-Menasha Sewerage Commission Dated the 28th day of Sept, 1999

Attorney Claypool requested that the Town Board refer this resolution to the next Town Board meeting. He stated that he received this request from Attorney Rothchild, representing the Neenah-Menasha Sewage Commission

MOTION: Supervisor Sprague, second Supervisor Krueger to refer the resolution to the next Town Board Meeting. Motion carried unanimously.

C. 990913-3: Position Description – Fire Marshal/Deputy Fire Chief

MOTION: Supervisor Jurgensen, second Supervisor Sprague to adopt the resolution and approve the Position Description for Fire Marshal/Deputy Fire Chief as submitted. Motion carried (3-2) Jurgensen, Nennig and Chairman Tews - YES, Krueger, Sprague - NO.

D. 990913-4: Abolish Code Enforcement Inspector Position

MOTION: Supervisor Sprague, second Supervisor Krueger to adopt the resolution to abolish the Code Enforcement Inspector as it was incorporated into the Deputy Building Inspector job. Motion carried unanimously.

    1. 990913-5: Abolish Fire Marshal Position

MOTION: Supervisor Sprague, second Supervisor Jurgensen to adopt the resolution and abolish the Fire Marshal position as it is being replaced by the Fire Marshal/Deputy Fire Chief position effective January 31, 2000. Motion carried (4-1) Krueger - NO, Sprague, Jurgensen, Nennig and Chairman Tews - YES.

F. 990913-6: Job Classification Plan Amendment – Code Enforcement Inspector, Fire Marshal, Fire Marshal/Deputy Fire Chief, Utility District Employees

MOTION: Supervisor Nennig, second Supervisor Sprague to adopt the resolution and approve the new job classifications. Motion carried (4-1) Krueger - NO, Sprague, Jurgensen, Nennig and Chairman Tews - YES.

G. 990913-7: Non-Represented Salary Plan Amendment – Fire Marshal/Deputy Fire Chief and Utility District Employees

MOTION: Supervisor Sprague, second Supervisor Nennig to adopt the resolution and approve the salary plan for the Fire Marshal/Deputy Fire Chief and Utility District employees. Motion carried (4-1) Krueger - NO, Sprague, Jurgensen, Nennig and Chairman Tews - YES.

H. 990913-8: Table of Organization Amendments – Fire Marshal/Deputy Fire Chief, Code Enforcement Inspector and Utility District Employees

MOTION: Supervisor Sprague, second Supervisor Jurgensen to adopt the resolution and approve the Table of Organization for the Fire Marshal/Deputy Fire Chief, Code Enforcement Inspector and Utility District employees. Motion carried (4-1) Krueger - NO, Sprague, Jurgensen, Nennig and Chairman Tews - YES.

I. 990913-9: Addendum #1 to Amended State/Municipal Agreement – USH 45 – Springroad Drive – STH 150 Construction Project

MOTION: Supervisor Sprague, second Supervisor Jurgensen to adopt the resolution and approve the addendum to the State Agreement for the STH 150 construction project Motion withdrawn.

Chairman Tews suggested the Town Board refer this until the real estate transaction has been completed. Much discussion ensued.

MOTION: Supervisor Sprague, second Supervisor Jurgensen to refer to the next Town Board meeting. Motion carried unanimously.

J. 990913-10: Addendum #2 to Amended State/Municipal Agreement – USH 45 – Springroad Drive – STH 150 Construction Project

MOTION: Supervisor Krueger, second Supervisor Sprague to adopt the resolution and approve the Addendum #2 with the State on the STH 150 construction project. Motion carried unanimously.

K. 990913-11: Set Public Hearing Date – Street Vacation – Portion Sell Drive

MOTION: Supervisor Krueger, second Supervisor Sprague to adopt the resolution to set the Public Hearing for October 25th at 5:50 p.m. Motion carried unanimously.

L. 990913-12: Set Public Hearing Date – Street Vacation – Portion Jameson St.

MOTION: Supervisor Sprague, second Supervisor Krueger to adopt the resolution to set the Public Hearing for October 25th at 5:40 p.m. Motion carried unanimously.

M. 990913-13: Set Public Hearing Date – Preliminary Special Assessment Amendment – Construction of Olde Buggy Drive Extension and Alex Court

MOTION: Supervisor Sprague, second Supervisor Jurgensen to adopt the resolution to set the Public Hearing for September 30th at 4:25 p.m. Motion carried unanimously.

N. 990913-14: Speed Reduction Request on CTH BB – West of Irish Rd to Hwy. 45

MOTION: Supervisor Nennig, second Supervisor Jurgensen to adopt the resolution and approve the speed reduction request on CTH BB. Motion failed (3-2) Krueger, Sprague, Jurgensen - NO, Nennig and Chairman Tews - YES.

O. 990913-15: Bid Award – Sound Modification – Police Dept. (Interview Room Sound Proofing)

MOTION: Supervisor Sprague, second Supervisor Nennig to adopt the resolution and award the sound modification bid to Appleton Acoustical. Motion carried unanimously.

P. 990913-16: Petty Cash Fiscal Policy Amendment

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

Q. 990913-17: Expenditures

MOTION: Supervisor Sprague, second Supervisor Nennig to adopt the resolution and approve the expenditures with the exception of none. Motion carried (3-2) Krueger, Sprague - NO, Jurgensen, Nennig and Chairman Tews - YES.

VII. ORDINANCES

A. 990913-1:ORD An ordinance authorizing the Amendment of the Agreement dated September 18, 1982 (the "Agreement") by and between the following municipalities: Town of Harrison, Town of Harrison-Waverly Sanitary District, City of Neenah, Wisconsin, City of Menasha, Wisconsin, Town of Neenah Sanitary District No. 1, Town of Neenah Sanitary District No. 1-1, Town of Neenah Sanitary District No. 2, Town of Menasha Sanitary District No. 4, Town of Neenah and Town of Menasha and amending the ordinance to permit the withdrawal of the Town of Menasha Sanitary District No. 4 from the Agreement and the substitution of the Town of Menasha Utility District as a party to the Agreement. FIRST-SECOND & ADOPTION

MOTION: Supervisor Sprague, second Supervisor Jurgensen to refer this resolution to the next Town Board meeting. Motion carried unanimously..

B. 990913-2:ORD Creating Chapter 27 of the Town of Menasha Municipal Code – Town of Menasha Utility District Adopting Ordinances of Dissolved Sanitary District No. 4 and replaced by the Town of Menasha Utility District. FIRST SECOND & ADOPTION

MOTION: Supervisor Sprague, second Supervisor Jurgensen to accept the first and second reading of the ordinance and adopt the Sanitary District No. 4 code book by reference. Motion carried unanimously..

VIII. RESIGNATIONS/APPOINTMENTS

    1. 990913-1 APP Appoint –Town of Menasha Utility District Board of Commissioners and Advisory Committee

MOTION: Supervisor Sprague, second Supervisor Krueger to accept the appointments of Harold Clifford, Gerald Fritsch, and Jeff Johnson as Citizen Members to the Advisory Committee. Supervisor (#3) Jurgensen and Supervisor (#4) Nennig have a 1-year term to the Advisory Committee. The Town Chairperson would be Commission President, the Town Clerk would be Commission Secretary and the Town Treasurer would be Commission Treasurer of the Town of Menasha Utility District. Motion carried unanimously

  1. APPROVAL OF MINUTES

A. Regular Town Board Meeting –7/26/99

MOTION: Supervisor Jurgensen, second Supervisor Nennig to accept the minutes as submitted. Motion carried unanimously..

X. CORRESPONDENCE

    1. Park Commission Meeting Minutes –7/28/99

    2. Park Commission Meeting Minutes – 8/11/99

    3. Police Department Activity/Crime Report – 6/99

    4. Fireline – 9/99

    5. Fire Dept. Report – 8/99

    6. Building Report – 8/99

MOTION by Supervisor Sprague, second Supervisor Jurgensen to accept the correspondence for filing. Motion carried unanimously..

XI. REPORTS

A. Bob Vitas, Town Administrator

a) Valley Gateway Development

Administrator Vitas presented a progress report regarding the Valley Gateway Development project.

b) Winnebago County Comprehensive Plan

A report was prepared by George Dearborn, Director of Community Development for the Town Board regarding a meeting which is scheduled by Winnebago County Planning and Zoning for September 29, 1999 at 7:00 p.m. The purpose of the meeting is to discuss Winnebago County's Comprehensive Plan and its impact on the Town of Menasha. Administrator Vitas reviewed this report with the Town Board and strongly suggested the Board also attend this meeting. (See attached)

Chairman Tews suggested that Administrator Vitas write a letter representing the Town stating that the Town Board strongly disagrees with this plan.

The Town Board directed Attorney Claypool to research options the Town might have regarding this issue.

B. John Claypool, Town Attorney

Attorney Claypool complimented Administrator Vitas’ diligence in pursuing the creation of the Town’s Sanitary District.

C. Carlene Sprague, Town Clerk –

Clerk Sprague informed the Town Board regarding her recent appointment to the Wisconsin Municipal Clerk's Election Committee.

D. Town Board

      1. Jeanne Krueger, Supervisor #1

        Supervisor Krueger stated that she was extremely disappointed in an acquisition of the new position of Deputy Fire Chief.

      2. Robert Sprague, Supervisor #2

        Supervisor Sprague commented about the recent accident and death on CTH CB and the Town Trail. He stated that in his opinion, the Town should pursue looking into guardrails for County Trunk CB along the recreational trail. He was viewing the scene of the accident and wondered how we could stop this from happening again. He would like to see action taken.

      3. Jerry Jurgensen, Supervisor #3 – None

      4. Allen Nennig, Supervisor #4 – None

E. Arden Tews, Town Chairman

Chairman Tews commented on the service of the bookmobile. They stopped service in the Town of Menasha. He stated that in the past, they provided service driving through the subdivisions for Town residents. He received complaints from the Town residents in Prairie Creek. He directed Administration to report back to the Town Board regarding this issue.

F. Other Town Officials

Grace Vander Velden, Director of Finance - None

William Weiss, Police Chief – None

Mike Lettier, Police Commission – None

Chief Weiss - Police Chief – Chief Weiss stated that the Police Department is in the process of reviewing and reconstructing the accident along the CTH CB trail and would report back to the Town Board when it is completed.

George Dearborn, Director of Community Development – Director Dearborn reported on all the building activity for the Town to date. He expressed his concerns regarding the Winnebago County comprehensive Plan proposal. He encouraged the Town Board attendance and believes this plan would hinder the Town.

  1. MOTIONS BY SUPERVISORS

At 8:07 p.m., MOTION: Supervisor Jurgensen, second Supervisor Nennig to adjourn into closed session. Motion carried (3-2) Krueger, Sprague NO, Jurgensen, Nennig and Chairman Tews - YES. Pursuant to 19.85(1)(g): of the Wisconsin State Statutes; 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. Pursuant to 19.85(e) of the Wisconsin State Statutes; 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) of the Wisconsin State Statutes, 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 9:07 p.m., MOTION: Supervisor Jurgensen, second Supervisor Nennig to adjourn the regular meeting of the Town Board of Supervisors. Motion carried unanimously..

Respectfully submitted,

 

 

Carlene L. Sprague

Town Clerk