Submitted for Town Board Approval June 10, 2002

 

TOWN BOARD OF SUPERVISORS

REGULAR MEETING

Municipal Complex - Assembly Room

Monday, May 20, 2002

 

MINUTES

 

I.        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 Jeanne Krueger noted the roll as follows:

 

PRESENT:  Arden Tews, Town Chair                        Barbara Hanson, Supervisor #1           

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

Russ Handevidt, Supervisor #4                                  Keith Kiesow, Fire Chief

Jeanne Krueger, Town Clerk                                      Carl Sutter, Town Engineer

Rod McCants, Dep. Police Chief                                Myra Piergrossi, Dir. of Finance           

Greg Curtis, Town Attorney                                        Richard Eiberger, Assessor      

George Dearborn, Dir. Com. Dev./Interim Admin.

ALSO PRESENT:      John Hornke             Jeff Wooldridge                    Tony Jankowski

Doug Hahn                Jane Isaac                  Mark Isaac                             John Schaidler

Konrad Hintz             Carrie Kippenhan     Barbara Heeter                     B. Davis

Leslie Heeter            Harold Pelton            Jan McHugh                          Tina Bachorz

Gary Smith                 Wende Sturm            Diane Schulter                      Kathy Holinbeck

Paul Holinbeck          Fran McCarthy          Melissa Liedl                         Tammy Johnson

Shayne Johnson       Joyce Neveau           Ken Neveau                          Jane Hermans

Joe Ray                      Robert Liedl              Mike Lettier                           Bernard Rosauer

Albert Exenberger

 

II.        AWARDS / PRESENTATIONS

III.       PUBLIC FORUM – NON-AGENDIZED TOWN RELATED MATTERS

IV.      DISCUSSION ITEMS

Res. John Hornke, 1338 Lakeshore Drive, requested the stop signs on Lakeshore be restored.  He gathered 39 signatures from the neighbors for support of the stop signs stating Lakeshore Dr. is a residential street  with bad shoulders, speeders and drivers using Lakeshore Dr. as a shortcut.  He also stated the SMART trailer was not effective.  The board members agreed that a resolution should be prepared for the 6/10 meeting re-installing the two stop signs.

 

Res. Harold Pelton, Prairie Creek Drive, requested a street light on the corner of Cold Spring and W. Prospect Ave. citing difficulty seeing while night driving.  Dir. Dearborn will look into this issue although realizing this is a county roadway.

 

Res. Barbara Heeter commended the Comm. Dev. Director George Dearborn and Associate Planner Jeff Smith on the excellent informational meeting they held Thursday evening regarding the town’s Comprehensive Plan and Land Use Meeting.

 

Res. Jane Isaacs voiced objection to what she felt was a secret meeting. (See attached)

 

V.       OLD BUSINESS

VI.      NEW BUSINESS

a)       020520-1: Expenditures

MOTION: Supv. Sprague, second Supv. Jurgensen to adopt to approve the expenditures with the exception of (none), as submitted.  Motion carried unanimously.

 

b)       020520-2:  Certified Survey Map – 1031 Appleton Road

MOTION: Supv. Sprague, second Supv. Handevidt to adopt to approve the resolution as submitted.  Motion carried unanimously.

 

c)         020520-3:  Certified Survey Map – Harris & Assoc. 1054 American Drive 

MOTION: Supv. Sprague, second Supv. Hanson to adopt to approve the resolution as submitted.  Motion carried unanimously.

 

d)       020520-4:  Certified Survey Map – Martenson & Eisele – Twelve Oaks Lane

MOTION: Supv. Hanson, second Supv. Sprague to adopt to approve the resolution as submitted.  Motion carried unanimously.

 

e)       020520-5:  Rezoning – Halbrook Builders, Inc. – 220 Stroebe Road

MOTION: Supv. Sprague, second Supv. Hanson to adopt to approve the resolution as submitted.  Motion carried unanimously.

 

f)        020520-6: Conditional Use Permit – MEE Bellevue Reconsideration

Verbatim from Tape;

Chairman Tews: This resolution is up for reconsideration. 

 

MOTION:  Supv. Handevidt:  So moved. 

 

Chairman Tews: It needs to be the prevailing…

 

Supv. Handevidt: This is not a reconsideration. 

 

Clerk Krueger: No, it is not a reconsideration. 

 

Supv. Handevidt: This is not a reconsideration, we are considering it, but it is not a reconsideration by statute because it is a changed, uh, … every consideration can only take place when it is word for word the same exact resolution that was voted down.  And this is not that same resolution.  Clerk Krueger agrees: that’s correct.

 

Supv. Handevidt: So because it has one word different than the previous resolution, it is then acted on as a new resolution or it would have been brought up under old business.  It is brought up under new business, correctly done.

 

Supv. Jurgensen: (asked)  By who? 

 

Chairman Tews:  Well, on top of our agenda here, it says, “for reconsideration”. 

 

Supv. Sprague: Could we talk to our Attorney about this?

 

Supv. Jurgensen:  Yes. 

 

Atty. Curtis: I spoke to Roger Clark and we took a look at this and looked at our past procedures and I talked to George Dearborn about that.   It is our understanding that it is a reconsideration and understands that it has been slightly changed, but it is basically the same plan with those modifications.  It is my understanding that somebody from the prevailing party would have to bring forth the motion. 

 

Supv. Jurgensen: That’s what I would think.

 

Atty. Curtis: That’s my understanding in talking with Roger.

 

Supv. Handevidt:  I will make a point of order, that that is an understanding and not a fact.  I do believe this is a new resolution by law.  You guys handle it however you want, I don’t care.  I am just saying that’s my understanding.

 

Chairman Tews:  Well, on the resolution, and on the agenda, it is a reconsideration.

 

Supv. Jurgensen:  That’s how it’s written. 

 

Chairman Tews:  That’s how it’s written.

 

Supv. Handevidt: That’s how it’s written, but not meaning that it is correct. 

 

Chairman Tews:  Our Attorney says that it is. 

 

Supv. Handevidt:  No, he did not say legally that it was correct, that was just a thought. 

 

Atty. Curtis:  No, that was not just a thought, that is our interpretation… that somebody from the prevailing party has to put this motion back forward.

 

Chairman Tews:  Do I have a motion for reconsideration?  The prevailing sides are (Supvs.) Bob, Jerry and I.  (No response)

 

Chairman Tews:  There will be no motion for reconsideration?  (No response)  So I believe we move on.

 

Atty. Curtis: Yes.  

 

George Dearborn: That is correct. 

 

Chairman Tews: Is there a question in the audience?

 

Res. Jane Isaacs : I just wanted to address the closed-door meeting that took place in regards to MEE?

 

Chairman Tews:  Not at this time.

 

Supv. Handevidt: You just got her in a catch 22.  I think maybe you might  wanna…

 

Ms. Isaacs:  (inaudible)  (saw?) public records that there was a closed-door meeting?  I mean I think you should….(address it??) 

 

Dir Dearborn:  What do you mean by that…closed-door meeting? 

 

Chairman Tews: This is not called a closed-door meeting.

 

Ms. Isaacs:  I do not know what to call it. 

 

George Dearborn:  We have private meetings all the time. 

 

Chairman Tews: These meetings go on all the time….

 

Ms. Isaacs:  With the appealing of the Board of Adjustment?

 

Supv. Sprague:  There was only one board member, the town counsel and George Dearborn.  That isn’t a meeting.

 

Ms. Isaacs:  But can I just voice an objection to that closed-door meeting?  That can go on public record?

 

Supv. Sprague: You can object to it, but they do happen a lot.

 

Ms. Isaacs:  …and I don’t, I don’t question you, but could I …?

Chairman Tews:  Voice your opinion.

 

Ms. Isaacs: There was a closed-door meeting that took place in May of 2002…

(She reads from the attached notes)…I wish to voice an objection that that closed door meeting was held, for the public record.

 

Clerk Krueger asked Ms. Isaacs for a copy of the document from which she read above statements.

 

Chairman Tews:  Well those kinds of meetings go on all the time and that isn’t the first one, and it is not going to be the last one.

 

Ms. Isaacs:  And I just wanted to state for the record that it took place…

 

Chairman Tews calls on the next resolution. 

 

NO ACTION WAS TAKEN.

 

g)       020520-7: Change Order #2 – Gateway Meadows Subdivision Street Construction

MOTION: Supv. Sprague, second Supv. Jurgensen to adopt to approve the resolution as submitted.  Motion carried unanimously.

 

h)       020520-8: Temporary Class B Retail License – Youth Sports, Inc.

MOTION: Supv. Sprague, second Supv. Handevidt to adopt to approve the resolution as submitted.  Motion carried unanimously.

 

i)        020520-9: Dissolution of the Community Awareness Ad Hoc Committee

MOTION: Supv. Handevidt, second Supv. Sprague to adopt to approve the resolution as submitted.  Motion carried unanimously.

 

j)          020520-10: Dissolution of the Historic Preservation Committee

MOTION: Supv. Sprague, second Supv. Jurgensen to adopt to approve the resolution as submitted.  Motion carried unanimously.

 

VII.     ORDINANCES / POLICIES / AGREEMENTS

a)         020506-1:ORD Municipal Code Chapter 6.12 Amend Fees for Subdivisions

SECOND READING AND ADOPTION

MOTION: Supv. Sprague, second Supv. Hanson to accept the second reading and adoption of the ordinance as submitted.  Motion carried unanimously.

 

b)        020520-2:ORD Municipal Code Chapter 5 Fire Prevention Code

FIRST READING

MOTION: Supv. Sprague, second Supv. Jurgensen to accept the first reading of the ordinance and adopt as submitted.  Motion carried unanimously.

 

VIII.    RESIGNATIONS / APPOINTMENTS

 

IX.      APPROVAL OF MINUTES

a)       Regular Town Board Meeting –  May 6, 2002

MOTION:  Supv. Jurgensen, second Supv. Handevidt to accept the minutes as submitted.  Motion carried with Supv. Sprague abstaining.

 

X.       CORRESPONDENCE

XI.      REPORTS

a)       Town Administrator

b)        Town Attorney Greg Curtis

c)         Town Clerk Jeanne Krueger

d)        Town Board

 

e)         Town Chairman Arden Tews  1) reminded the board of the Comp. Mtg. on Thursday at 7:00 p.m. at the Community Center;  2) called a special meeting for 5/28/02 @ 4:30 p.m. for discussing findings of facts regarding the MME/Bellevue project.

 

f)          Other Town Officials

Dir. of Comm. Dev., George Dearborn  1) update on selection dates for interviewing candidates for the Administrator position;  3) request received to lease land on CTH CB for farming purposes;  4) information regarding funds for Ehlers Road railroad crossing replacing current signals to LED signals.

 

Dir. of Finance Myra Piergrossi  1) requested for lodging for first year Treasurer and Clerk Institute in Green Bay for Paula Pagel and Karen Tweedie.  It was the consensus of the board members to allow for this.  Att’y. Curtis advised the board to present a resolution for the next meeting as money was being spent instead of making an amendment to the bills of the month which had been requested.

 

Fire Chief Keith Kiesow 1)  prospective buyer update for Am. Tissue;  2) engine 40 is in need of repair at an estimated $5,700.00. 

 

Town Engineer, Carl Sutter  1) stated Cold Spring rec. trails had been paved.

 

Dep. Police Chief Rod McCants  1) update on the progress of the department’s reaccredidation;  2) will be changing the graphics on the police vehicles.

 

XII.       ANNOUNCEMENTS – Same as on Agenda

 

XIII.     MOTIONS BY SUPERVISOR

 

XIV.    ADJOURNMENT

At 6:47 p.m., MOTION: Supv. Sprague, second Supv. Jurgensen to adjourn the Regular Meeting of the Town Board of Supervisors.  Motion carried unanimously.

 

Respectfully submitted,

 

 

Jeanne Krueger

Certified Municipal Clerk

Town of Menasha