Town of Menasha

                                                   2000 Municipal Drive, Neenah, WI 54956                                     Submitted for approval on

                          Ph: (920) 720-7103  Fax (920) 720-7197                 July 12, 2004



Municipal Complex - Assembly Room - Monday, June 28, 2004





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. 


Elected Members Present:   Arden Tews, Town Chair    Jay Schroeder, Supv. #1    Scott Sauer, Supv. #2

Jerry Jurgensen, Supv. #3    Russ Handevidt, Supv. #4    Jeanne Krueger, Clerk

Excused:   Myra Piergrossi, Fin. Dir.   

Others Present:  James Archambo, Admin.     George Dearborn, Com. Dev. Dir.    Lee Reibold, Town Eng.    Roger Clark, Town Atty.    Rod McCants, Police Chf.    Keith Kiesow, Fire Chf.    Richard Eiberger, Assessor

Susan Phillips, Dep. Chf/Fire Marshal     Mike Kading, Parks & Rec. Dir.     Paula Lorfeld, Herrling-Clark

Diana Kanter, Assoc. Planner          Mike Lettier, Pres. Police Comm.    Clarence Peterson    William Ottow     Cal Tesch, Palisades Athl.    Steven Dorn    Mary Dorn      Martha W. Andrew    James G. Andrew   Lucas Telfer    Lori Jencks    Sue Hermus    Dee Lynch     Mike Lynch    Kevin Schultz    Carlos De la Cruz   Carlos Alvarz     Ernest Johnson     Richard DeKleyn, J.R. Dev.     Barbara Hanson    John Zaborsky    Garth Walling    Dan Wood     Al Bellmer     Mike Van Dyke    Judy Holtz   Dennis Jochman     Jerry Finch    Nancy McFadden     Kris Koeppe



a)      Police Department – 2-Year Pin – Tim Seaver:  Delayed until further notice. 



         Issues may only be presented and may not be responded to by the Board per WI State Stats.



a)      Town of Menasha Municipal Code – Create Chapter 21 Boating and Water Safety Relating to Emergency Slow-No-Wake

Clerk Krueger explained the reason behind creation of this Ordinance was due to complaints received from lake homeowners and stated much research had been done by the Deputy Clerk for this First Reading.  Residents Steven & Mary Dorn 2243 Palisades Dr. also gave information regarding the “no-wake” and need for control of speeding boaters on Little Lake Butte des Morts at times of high water. Board members requested a copy of the proposed Ordinance be sent to the cities of Appleton, Menasha & Neenah to ensure county enforcement.



         a)     040607-1: APPT Appointment Park Commissioner - Clarence Peterson Term Expires     

         MOTION: Jurgensen/Sauer to adopt to approve as submitted. On roll call, motion carried on a 3-2 vote with  Supvs. Sauer, Jurgensen, & Chairman Tews voting AYE, and Supv. Schroeder & Handevidt voting NAY. 


         Former Park Commissioner Clarence Peterson thanked the town board for allowing him to serve on the Park Commission and stated that Mike Lynch was an excellent appointment.


         b)     040607-3: West American Drive Street Light Reimbursement Request Meadow Heights 

         MOTION: Sauer/Handevidt to adopt to approve.  After discussion, MOTION: Handevidt/Sauer to AMEND by inserting $10,200 for a portion of the street lights.  

         On roll call regarding the amendment;  Motion carried unanimously.  On roll call regarding the amended resolution;   Motion carried on a 4-1 vote with Chairman Tews voting NAY.


         c)     040607-10: Approve Bowling License – Sabre Lanes 

         MOTION: Sauer/Schroeder to adopt to approve as submitted.  Motion carried.



         a)     040628-1: Winnebago County Conditional Use Permit – Red-D-Mix Concrete, Inc. – SW Kisser Court

                                                                                         MOTION: Jurgensen/Handevidt to adopt to approve as submitted.  Motion carried.


         b)     040628-2: B-5 Town Conceptual Use Review–Evergreen Credit Union–1500 W. American Drive

         MOTION: Jurgensen/Schroeder to adopt to approve as submitted.  Motion carried.


         c)      040628-3: B-5 Town Conceptual Use Review – Harris & Associates, Inc./Irish Road Condominium N.E. Corner of Irish Road and West American Drive

         MOTION: Handevidt/Sauer to adopt to approve as submitted.  Motion carried.


         d)      040628-4: To Authorize the Use of Surplus Recycling Funds

         MOTION: Handevidt/Sauer to adopt to approve as submitted.  Motion carried unanimously.


         e)      040628-5: Police Department Out-of-State Training Request - Jahsman

         MOTION: Sauer/Handevidt to adopt to approve.  After discussion MOTION: Sauer/Jurgensen to AMEND to include reimbursement for meals and mileage for Lt. Jahsman.

         On the amendment, motion carried unanimously.  On the amended resolution, Motion carried.


         f)      040628-6: Fire Department Re-accreditation

         MOTION: Jurgensen/Sauer to adopt to approve as submitted.  On roll call, all board members voted AYE.  Motion carried.


         g)     040628-7: Annual Alcohol Beverage License Applicant – Sabre Lanes

         MOTION: Schroeder/Sauer to adopt to approve as submitted.  Motion carried.


         h)    040628-8: Annual Amusement License Applicant – Sabre Lanes

         MOTION: Sauer/Schroeder to adopt to approve as submitted.  Motion carried.


         i)       040628-9: Approve Annual Cigarette and Tobacco License – Brose Enterprises, Inc. for

Sabre Lanes

         MOTION: Jurgensen/Sauer to adopt to approve as submitted.  Motion carried.


         j)      040628-10: Expenditures

         MOTION: Handevidt/Jurgensen to adopt to approve the expenditures with the exception of (none) as submitted. Motion carried.


k)      040628-11: Bid Award – American Drive and Wheeler Road Reconstruction and Jacobsen Road Recreation Trail Construction

         MOTION: Sauer/Handevidt to adopt to approve as submitted.  On roll call, Motion carried unanimously.




         l)       040628-12: Annual Bar Operator License Applicants

         MOTION: Handevidt/Schroeder to adopt to approve as submitted.  Motion carried.


         m)     040628-13: Purchase of Police Department Vehicle

         MOTION: Jurgensen/Handevidt to adopt to approve as submitted.  Motion carried.



         a)      040628-1:ORD Amend Town of Menasha Municipal Code Chapter 9.01(14) Reserve

         Licenses   First Reading

         Town Attorney Roger Clark stated he would be looking into the legality of returning any portion of the reserve license fee, according to State Statute 90.01(14) and will render his opinion at the July 12th Town Board meeting.

         MOTION: Jurgensen/Schroeder to accept the First Reading of the ordinance for OPTION 1.  Motion carried 4-1, with Supv. Handevidt voting NAY.



a)    040628-1:RESIGN  Paid-on-Call Firefighter - Schaaf

MOTION: Handevidt/Jurgensen to accept the resignation as submitted.  Motion carried.



          a)     Special Meeting of the Town Board – June 1, 2004

          b)    Closed Town Board Meeting – June 7, 2004

          c)     Regular Town Board Meeting – June 7, 2004

          MOTION: Handevidt/Schroeder to approve the minutes as submitted.  Motion carried.



          a)     FireLine – July 2004

          MOTION: Handevidt/Sauer to accept for filing as submitted.  Motion carried.


11.    REPORTS

          d)    Town Board

The entire discussion (over an hour) can be heard on tape in the Clerk’s Office

¨   Supervisor Schroeder – Assessor Services

          Supv. Schroeder stated his campaign promises to the citizens included this study and also compared this study with the on-going Police Consolidation Study.  He would like to include two board members and the town administrator in the study and proceed with a statewide cost comparison study for evaluation. 

          Residents John Zaborsky & Chris Johnson agreed with conducting a cost study.  Both had suggested having three town residents in addition to two board members.


          Residents Martha Andrew, Garth Walling, Clarence Peterson, and Jerry Finch demanded the town board members permanetly drop this subject.  Mr. Finch stated Supv. Schroeder was asking for this study in retaliation against Richard Eiberger due an over-assessment on his property.  Resident Bill Ottow stated Mr. Eiberger was grossly underpaid for the performance of his duties.  Supv. Handevidt stated he was puzzled as to why the speakers were against a study to save taxpayer money.  Town Attorney Roger Clark stated the board members need to see some sort of plan or proposal detailing the study.




Supervisor Handevidt – Term Limits   

Supv. Handevidt stated that, due to the very lengthy discussion on the assessors service study, he would bring this issue up at another town board meeting for discussion.

Chairman Arden Tews   

¨    2004 Resurfacing – Update.


          f)    Other Town Officials

¨   Comm. Dev. Dir. Dearborn - Informational Signage:  Presented signage for board members to view and give comments.  Board consensus was to approve the sample.

¨   Comm. Dev. Dir. Dearborn and Assoc. Planner Kanter – Wisconsin American Planning Association Conference in Milwaukee:  Informed the board members on various discussions and classes they attended at the WAPA Conference.

¨   Comm. Dev. Dir. Dearborn – Speed Limit and Stop Sign Survey of Property Owners – West American Drive: (See Attached Report) 

¨   Police Chief McCants – Disposal of Old Squad Cars:  Chief McCants was instructed to prepare a resolution for the next town board for the disposal of old squad cars.  


At 8:55 p.m., MOTION:  Handevidt/Jurgensen to convene into closed session pursuant to 19.85(1)(e) of the WI State Statutes; deliberating or negotiating the purchasing of public properties, the investing of public funds, or conducting other specified public business whenever competitive or bargaining reasons require a closed session, specifically to discuss the purchase of property for the Green Valley Ditch project, & 19.85(1)(g) of the WI 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, specifically to discuss payment of money due the Utility District stemming from contractor damage to a sewer lateral.  Motion carried.


Present:  Chaiman Arden Tews;  Supvs. Jay Schroeder, Scott Sauer, Jerry Jurgensen & Russ Handevidt, Admin. James Archambo & Attorney Roger Clark   


1)  Discussion ensued on the Green Valley Ditch agreement.  (See Attached Agreement)

2)  Discussion ensued regarding sewer lateral damage by a contractor.  (See Attached Memo from M. Piergrossi, Finance Director).


At 9:11 p.m., MOTION: Handevidt/Sauer pursuant to 19.85(2) of the WI State Statutes; the Town Board will reconvene into open session to act on any business discussed in closed session.  Motion carried.


                 a)  040628-1:CLOSED  Green Valley Ditch

MOTION: Handevidt/Sauer to adopt to approve as submitted.  Motion carried unanimously.



At 9:15 p.m., MOTION: Handevidt/Jurgensen to adjourn the Regular Meeting of the Town Board of Supervisors.  Motion carried.


Respectfully Submitted,




Jeanne Krueger, Certified Municipal Clerk