Submitted for Town Board Approval June 12, 2000

 

REGULAR MEETING OF THE

TOWN BOARD OF SUPERVISORS

Municipal Complex - Assembly Room

Monday, May 8, 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 6:00 p.m. and led the Pledge of Allegiance.

Clerk Sprague noted the roll as follows:

PRESENT:

Arden Tews, Town Chair Jeanne Krueger, Supervisor #1

Jerry Jurgensen, Supervisor #3 Carlene Sprague, Town Clerk

Carl Sutter, Town Engineer John Claypool, Town Attorney

Wm. Frueh, Interim Administrator William Weiss, Police Chief

George Dearborn, Dir. of Com. Dev. Don Cox, Fire Chief

EXCUSED:

Bob Sprague, Supervisor #2 Allen Nennig, Supervisor #4

ALSO PRESENT:

Russ Handevidt Joe Trudell Mike Lynch

Dee Lynch Michael Lettier

II. AWARDS/PRESENTATIONS

A. Michael Cotter - Promotion to Fire Captain

It was the consensus of the Town Board to deviate from the Agenda and address Resolution C. 000508-3:APP at this time.

C. 000508-3:APP - Appointment - Fire Captain - Michael Cotter

MOTION: Supervisor Jurgensen, second Supervisor Krueger to adopt the resolution and approve the promotion of Michael Cotter to Captain effective April 25th, 2000. Motion carried unanimously, with Supervisors Sprague and Nennig excused.

 

  1. PUBLIC FORUM – NON-AGENDIZED TOWN RELATED MATTERS

Russ Handevidt commented on his disapproval of the trees and bushes that were cut on W. Butte des Morts Beach Road.

Interim Administrator Bill Frueh stated that the ditch was a problem area and had to be drained and corrected.

  1. DISCUSSION ITEMS

  1. OLD BUSINESS

  1. NEW BUSINESS

A. 000508-1: Vacation Calculation Effective Date - Utility Office Manager

MOTION: Supervisor Jurgensen, second Supervisor Krueger to adopt the resolution and approves the hire date of 1/1/83 for vacation calculation purposes only for the Utility District Office Manager, Paula Pagel. Motion carried unanimously, with Supervisors Sprague and Nennig excused.

B. 000508-2: Amendment to the Personnel Policy Chapter 5-Scheduled Hours, Overtime, and Compensatory Time

Under SECTION D: OVERTIME this paragraph was added: "Whenever an employee is called into work for other than his/her scheduled work day, the employee shall receive either a minimum of two (2) hours at time and one-half the normal hourly rate, or overtime pay for the actual time worked, whichever is greater."

MOTION: Supervisor Jurgensen, second Supervisor Krueger to adopt the resolution and approve the changes in Chapter 5 as submitted effective immediately. Motion carried unanimously, with Supervisors Sprague and Nennig excused.

C. 000508-3: Feasibility Study by Park Commission for proposed Natural Park on Town Land.

MOTION: Supervisor Jurgensen, second Supervisor Krueger to adopt the resolution and requests the Park Commission to study the feasibility, suitability and compatibility of the use of the land as a Town Park. Motion carried unanimously, with Supervisors Sprague and Nennig excused.

D. 000508-4: Intermunicipal Agreement with City of Appleton - for 2000 Asphalt Resurfacing

MOTION: Supervisor Krueger, second Supervisor Jurgensen to adopt the resolution and authorizes the Town Chairman and Town Clerk to execute said Agreement. The Town Board authorizes Randy Gallow, to secure bids for the project. Motion carried unanimously, with Supervisors Sprague and Nennig excused.

E. 000508-5: Award Bid 2000 Asphalt Concrete Paving

MOTION: Supervisor Krueger, second Supervisor Jurgensen to adopt the resolution and award the bid to Badger Highways Co. for the low bid of $190,576.50 jointly with the City of Appleton. Motion carried unanimously, with Supervisors Sprague and Nennig excused.

F. 000508-6: Amendment to the Personnel Policy Chapter 20 Section B - Holidays

The changes are under SECTION B: POLICY. The following are granted to full-time employees at eight hours wages, Day before Christmas, and the Day before New Year's Day.

MOTION: Supervisor Jurgensen, second Supervisor Krueger to adopt the resolution and approve the personnel policy changes in Chapter 20 as submitted effective immediately. Motion carried unanimously, with Supervisors Sprague and Nennig excused.

G. 000508-7: Amendment to Appointment of Building Committee

MOTION: Supervisor Krueger, and no second to this motion. Motion dies for the lack of a second.

H. 000508-8: Expenditures

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

VII. ORDINANCES

A. 000508-1:ORD An Ordinance Amending Chapter 1, Composition and Duties of General Town Government, Section 1.03, Appointed Boards, Commissions and Committees (2) Planning Commission of the Town of Menasha Municipal Code FIRST READING

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

B. 000508-2:ORD Amending Chapter 9, Section 9.13(2)(a) of the Town of Menasha Municipal Code Hotel and Motel Room Tax FIRST READING

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

VIII. RESIGNATIONS/APPOINTMENTS

A. 000508-1:RES - Resignation - Fire Chief Cox

MOTION: Supervisor Jurgensen, second Supervisor Krueger to amend the resolution "accepting the resignation of Fire Chief Donald Cox, effective June 9, 2000 with regrets" and accepts the resolution as amended. Motion carried unanimously, with Supervisors Sprague and Nennig excused.

B. 000508-2:APP - Appointment - Temporary Secretary - Finance/Clerk

MOTION: Supervisor Jurgensen, second Supervisor Krueger to adopt the resolution and approve the appointment of Nicole Korbish as Temporary Secretary to the Finance/Clerk position. Motion carried unanimously, with Supervisors Sprague and Nennig excused.

C. 000508-3:APP - Appointment - Fire Captain - Michael Cotter

Appointment resolution C. 000508-3:APP was reviewed earlier in the agenda.

D. 000508-4:APP - Appointment - Fire Lieutenant - Jon Ziepke

MOTION: Supervisor Jurgensen, second Supervisor Krueger to adopt the resolution and approve the appointment of Jon Ziepke to Lieutenant at Station #40 effective April 25, 2000. Motion carried unanimously, with Supervisors Sprague and Nennig excused.

E. 000508-5:APP - Appointment - Weed Commissioner - Lori Jencks

MOTION: Supervisor Krueger, second Supervisor Jurgensen to adopt the resolution and approve the appointment of Weed Commissioner to Lori Jencks for a one-year term. Motion carried unanimously, with Supervisors Sprague and Nennig excused.

F. 000508-6:APP - Appointment - Police Communication Technician I

MOTION: Supervisor Jurgensen, second Chairman Tews to adopt the resolution and approve the appointment of Dina M. Nikolai effective May 9, 2000. Motion carried unanimously, with Supervisors Sprague and Nennig excused.

G. 000508-7:APP - Appointment - Temporary Imaging Secretary - Police

MOTION: Supervisor Krueger, second Supervisor Jurgensen to adopt the resolution and appoint Carolee Barnett as Temporary Imaging Secretary. Motion carried unanimously, with Supervisors Sprague and Nennig excused.

IX. APPROVAL OF MINUTES

  1. Public Hearing – 2/28/00

  2. Regular Town Board Meeting – 2/28/00

C. Special Joint Town Board - Park Commission - 3/1/00

D. Special Town Board - 3/6/00

E. Regular Town Board - 3/13/00

F. Regular Town Board - 3/27/00

G. Public Hearing - 3/27/00

MOTION: Supervisor Jurgensen, second Chairman Tews to accept the minutes after corrections as noted. Motion carried unanimously, with Supervisor's Sprague and Nennig excused.

X. CORRESPONDENCE

  1. Park Commission Meeting Minutes - 3/08/00

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

XI. REPORTS

Town Administrator

A. Town Administrator

Interim Administrator Wm. Frueh explained the process of the hiring a new Fire Chief. He currently has a new advertisement seeking this position. In the interim, Chief Cox responsibilities will be shared by 3 Fire Department personnel; Acting Chief Susan Phillips, Captain Kiesow for the emergency scenes and Office Manager Sue Engelbert.

B. Town Attorney

Attorney Claypool stated that there have been many citations issued to Wisconsin Central Railroad. The Council for Wisconsin Central Railroad is reviewing the violations of the Town's ordinance regarding blocking the road. There are at least 5 citations. They have hired legal council. There will be a meeting regarding this issued on Wednesday at 1:15 at the firm's office. It was suggested that the Town Board members attend. This issued goes far beyond the scope of ordinary citations. We do stand by the position that this is a viable ordinance.

Chief Weiss stated that our ordinance was modeled after the Cities of Neenah and Appleton. I'm perplexed why our ordinance is not considered to be viable, and why the other municipalities have not been challenged.

C. Town Clerk – None

D. Town Board

  1. Jeanne Krueger, Supervisor #1

    Supervisor Krueger stated that a complaint was made that people are parking on both sides of the road and an elderly resident complained that a rescue vehicle would not be able to get through.

    Supervisor Krueger complained that Administrator Frueh's process of having TownBoard meeting packets delivered to the Town Board members was not effective for her. She spent the week end on her boat. She did not receive her packet until Sunday evening and did not have proper time to prepare for this meeting.

    Chairman Tews stated that he received his meeting packet on Friday and had plenty of time to prepare for the meeting.

    Supervisor Jurgensen stated that he also received his meeting packet on Friday and did not have any problems.

  2. Robert Sprague, Supervisor #2 – Excused

  3. Jerry Jurgensen, Supervisor #3

    Supervisor Jurgensen complimented Fire Chief Cox on his many years of service and dedication to the Town and his accomplishments.

  4. Allen Nennig, Supervisor #4 – Excused

E. Town Chairman

Chairman Tews also congratulated Chief Cox and wished him luck on his new job.

Chairman Tews then asked Chief Cox if there was anything that could be done regarding the complaint on burning.

Chief Cox stated that the Town of Menasha is one of the few communities that allow burning. The municipal judge has been very stringent on enforcing the codes. He proposed a referendum regarding open burning. It could stop trash fires.

Chairman Tews stated that he received correspondence from Winnebago County regarding controlled access on County II (Previous Hwy. 150)

Director of Community Development George Dearborn stated that the County would like to limit any new access to County II and seeks our approval on this. We will have to investigate this further.

Town Engineer Carl Sutter agreed that further investigation into this issue is warranted.

F. Other Town Officials

Carl Sutter, Town Engineer

Town Engineer Carl Sutter, explained that Olde Buggy Drive is now graded and graveled. On the Golf Village Phase II project, the utilities are almost complete and the road will be next. West American Drive has 80% of the concrete work completed. Back filling and completion is targeted for June 2nd.

Gateway Meadow Development has requested entering into a separate roadway development agreement. He asked for the attorney's opinion whether it could be added through a change order or a separate project for the utilities and roads.

This would be in regards to a new subdivision west of the multi family housing. The Development Agreement would be between the Town of Menasha and the Contractors. That way the Town Engineer could put together the change orders and would not have to bid out the change.

Director Dearborn explained that the issue is unclear how we should proceed, but will still continue forward regarding this development.

Engineer Sutter stated that his feeling is that we can get a good prices this way. He asked for direction from the Town Board. He said that he would get the numbers and present it to the Town Board.

George Dearborn, Director of Community Development – I have taken over the imaging project. We will get some samples in the next few days. My Assistant Jeff Smith will be in charge of posting the agendas on the website. Previously Deputy Clerk Heiting did them.

Myra Piergrossi, Director of Finance – None

Don Cox, Fire Chief – Chief Cox thanked the Town Board for their support. He anticipates that the transition team in the Fire Department will do a very good job. He enjoyed working in the Town of Menasha these past years.

Susan Phillips, Deputy Fire Chief - Deputy Chief Phillips stated that next Monday everyone is invited over to the Fire Station for the "going away party" for Chief Cox and hoped she would see everyone there.

William Weiss, Police Chief – None

Mike Lettier, Police Commission – None

 

  1. MOTIONS BY SUPERVISORS

At 7:15 p.m., MOTION: Supervisor Jurgensen, second Supervisor Krueger to adjourn into closed session pursuant to 19.85(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 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's Sprague and Nennig excused.

At 7:45 p.m., MOTION: Supervisor Jurgensen, second Supervisor Krueger to adjourn from closed session into open. Motion carried unanimously, with Supervisor's Sprague and Nennig excused.

WORKSHOP TO STUDY PLANNING COMMISSIONER APPOINTMENTS

The Town Board reviewed the list of applicants for the positions on the Planning Commission. The Town Board had to rank their choices and submit their comments to Interim Administrator Frueh. A determination of who would serve on the Commission was tallied. The 7 applicants that were chosen to serve as Planning Commissioners is as follows:

Alvin Bellmer, 3 Year Term - Bridget Greuel, 3 Year Term - Chuck Lewis, 2 Year Term - Dennis Jochman, 2 Year Term - Michael Van Dyke, 1 Year Term - Kris Koeppe, 1 Year Term and Tom Schein, 1 Year Term.

These appointments should be approved at the next Town Board meeting.

  1. ANNOUNCEMENTS – Same as on Agenda
  2. ADJOURNMENT

At 7:54 p.m., MOTION: Supervisor Jurgensen, second Supervisor Krueger to adjourn the regular meeting of the Town Board of Supervisors. Motion carried unanimously, with Supervisor's Sprague and Nennig excused.

Respectfully submitted,

 

 

Carlene L. Sprague

Town Clerk