Submitted for Town Board Approval May 7, 2001





Municipal Complex - Assembly Room

Monday, March 26, 2001





Agendas with resolutions were posted at the Municipal Complex, Fire Station 40, Utility District, 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 6:40 p.m. and led the Pledge of Allegiance.


Deputy Clerk Karen Tweedie noted the roll as follows:



Arden Tews, Town Chair                     Jeanne Krueger, Supervisor #1           

Jerry Jurgensen, Supervisor #3         Greg Curtis, Town Attorney

Russ Handevidt, Supervisor #4          Keith Kiesow, Fire Chief

Karen Tweedie, Deputy Clerk             Carl Sutter, Town Engineer      

Patrick DeGrave, Administrator          Susan Phillips, Fire Marshal

Jeff Smith, Associate Planner             George Dearborn, Dir. of Com. Dev.

William Weiss, Police Chief                 Randy Gallow, Street Superint.



Carlene Sprague, Town Clerk

Bob Sprague, Supervisor #2



Richard Carlson, Repr. Hooyman       Michael Gurlski

Betty Zaborsky                                       Mike Lettier        

Joe Trudell                                            Sue Hoyman

Randy Delare                                         Chris Hoyman

John Martin                                            Robert Francart

Claire Martin



A.                  John Scudder – Neenah School Board Candidate

School Board Candidate John Scudder, 2094 W. Prairie Creek Drive, introduced himself to the Town Board.  He offered to make a commitment

to the town and a contribution to the community.  Mr. Scudder stated that we need to take care of our kids and provide them with a safe environment.


Supervisor Krueger voiced grave concern regarding the referendum whereas the school district is asking for $600,000.00 over the state’s allotted cap without the presenting of any kind of a budget or guidelines to the taxpayers.


Mr. Scudder answered that he understood that we need to find other resources such as looking at the budget and market it and not to hide anything under the table.  He stated this needed to be a referendum for the citizens to vote. 


Supervisor Handevidt stated his personal belief is that we prepare our kindergarten to senior children for college.  He expressed his opinion that the Neenah School system is spending more proportionately on gifted children than learning disabled children and not willing to hire enough qualified people to get them up to college standards.






V.          OLD BUSINESS

A.                 010226-10: Rezoning – Davel Engineering (008-0250)

Director of Community Development, George Dearborn stated staff recommendation to deny both the rezoning and conditional use permit to the County.  Applicant indicated a meeting to formally deny, although George had not seen such notice.


Chairman Tews asked whether the committee had the chance to meet with the developer.  George Dearborn stated that they did. 


Supervisor Handevidt asked whether he heard correctly, that staff recommended approval, but the planning commission did not.  George Dearborn stated this to be correct.  Mr. Dearborn stated that all projects are based on the comprehensive plan and, this could have been approved but it was not what the citizens wanted and that he envisioned a change in the plan in the next 30 months.


Supervisor Krueger asked whether this was appropriate according to our comprehensive plan. 


Chairman Tews indicated about 60 people were in attendance (against this) at the Planning Commission Meeting.


MOTION: Supervisor Jurgensen, second Chairman Tews to deny the rezoning for Davel Engineering from B-3 (General Business) to R-5 Planned Residential District as submitted.  Motion carried unanimously.


B.                010226-12: Conditional Use Permit – Davel Engineering (008-0250)

MOTION: Supervisor Jurgensen, second Supervisor Krueger to deny the conditional use permit for Davel Engineering as submitted.  Motion carried unanimously.


VI.               NEW BUSINESS

A.                 010326-1: Expenditures

MOTION: Supervisor Handevidt, second Supervisor Jurgensen to adopt to approve the expenditures with the exception of (none).  Motion carried unanimously.


B.       010326-2: Bridgeview Gardens Inquiry

Resident Joe Trudell questioned what this was in regard to.


Chairman Tews explained that some work was done in the town in 1994.  Town staff and administration discovered only a few months ago that Bridgeview Gardens were never billed.  “I want it very clear that this Town Board did not know about this until we recently found it out.  We are doing everything in our power to find out what happened.”


Joe Trudell wondered whether the Board could give details.


Administrator DeGrave said the details were public record stating that $242,000.00 of agreed upon roadwork had been done at Bridgeview Gardens.  He further stated that the Finance department had never invoiced Bridgeview Gardens. He further explained when Myra Piergrossi took over the finance department, the road work was invoiced to Rick Rand, owner of Bridgeview Gardens.   The developer chose not to pay it so the town litigated.  Bridgeview Gardens then counter-sued and a settlement was proposed and accepted by the board two weeks ago in the amount of $144,000.00.  Mr. DeGrave stated that this resolution would give him and staff authority to find out who dropped the ball.  Statute of limitations was one of the major problems in this case.


MOTION: Supervisor Krueger, second Supervisor Handevidt to adopt the resolution to initiate an inquiry into the matter of Bridgeview Gardens Mobile Home Park infrastructure construction and related invoicing as submitted.  Motion carried unanimously.


C.        010326-3: Set Public Hearing – Special Assessment Jacobsen Road

MOTION:  Supervisor Krueger, second Supervisor Jurgensen to approve setting a Public Hearing on April 16, 2001 for preliminary special assessment reconstruction of Jacobsen Road from Cold Spring Road to American Drive as submitted.  Motion carried unanimously.


D.                010326-4: Set Public Hearing – Special Assessment Cold Spring Road

MOTION:  Supervisor Jurgensen, second  Supervisor Handevidt to approve setting a Public Hearing on April 30, 2001 for preliminary special assessment reconstruction of Cold Spring Road from Jacobsen Road to East Shady Lane as submitted.  Motion carried unanimously.


E.                 010326-5: Approve Street Light Agreement – High Plains Meadows Phase II

MOTION:  Supervisor Handevidt, second Supervisor Krueger to adopt to approve the street lighting agreement for High Plains Meadows, Phase II, as submitted.  Motion carried unanimously, with Chairman Tews abstaining.


F.                 010326-6: Certified Survey Map – Airport Corp. (008-0091, 008-0091-03)

MOTION:  Supervisor Krueger, second Supervisor Jurgensen to adopt to approve the certified survey map for Airport Corporation as submitted.  Motion carried unanimously.


G.                010326-7: Certified survey Map – John Pagel (008-0422, 008-0422-03)

MOTION:  Supervisor Krueger, second Supervisor Handevidt to adopt to approve the certified survey map for John Pagel, 1516 Plank Road, as submitted.  Motion carried unanimously.


H.                010326-8: Variance – Hoyman 2333 Palisades Drive (008-1077)

MOTION:  Supervisor Krueger, second Supervisor Handevidt to adopt to approve the variance for Sue and Christopher Hoyman for a garage addition as submitted.  Motion carried unanimously.


I.                    010326-9:  Preliminary and Final Plat – Clover Meadows

MOTION:  Supervisor Handevidt, second Supervisor Krueger to adopt to approve the preliminary and final plat for the first addition to Clover Meadows as submitted with the following condition:   

1. Favorable approval from all agencies and municipalities with approval authority.

Motion carried unanimously.



A.        010312-1:POL    Personnel Policy Chapter 16 – Sick Time        


MOTION:  Supervisor Handevidt, second Supervisor Jurgensen to accept the second reading and adoption to amend Chapter 16 of the Personnel Policy, as submitted.  Motion carried unanimously.


B.        010326-1:AGR  Cable Franchise Agreement        FIRST READING

Supervisor Krueger opened discussion on the agreement to try to change the length from fifteen to a ten-year agreement.


Administrator DeGrave stated he would try to renegotiate it.


MOTION:  Supervisor Handevidt, second Supervisor Jurgensen to accept the first reading of the cable franchise agreement.  Motion carried unanimously.



A.                 010326-1:APPT Street Laborer – Jonathan Zimmer

MOTION:  Supervisor Handevidt, second Supervisor Jurgensen to adopt to approve the appointment of Jonathan Zimmer to the vacated street laborer position effective April 9, 2001, with conditions, at a starting salary in accordance with the union contract wage as submitted. Motion carried unanimously.



A.                 Regular Town Board Meeting – March 12, 2001

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





A.        Town Administrator

Administrator DeGrave mentioned a letter from the Town of Vinland in regard to committee appointments to the WTA Winnebago County unit.  He stated that he would contact WTA if there is interest in serving. 


B.        Town Attorney – No report


C.        Town Clerk

In the Clerk’s absence, Deputy Clerk Karen Tweedie reported that Clerk Sprague requested pricing from the Fox Cities Newspapers regarding an ad for the change of polling places.  The minimum size reported would be 1/8 page, which would publish in two newspapers, The Scribe and The Spirit in the amount of $85.00 ea.


Supervisor Krueger questioned the high cost of professional printed flyers and postage being sent out to residents regarding polling locations.  Krueger felt this should have been accomplished by postcards as in the past and stated that all employees should comply with the town’s purchasing policy instead of going ahead and making acquisitions on their own.


Administrator DeGrave expressed that all employees are asked to follow the purchasing policy, however, it is more difficult to enforce with the town clerk being an ‘elected’ position.


MOTION:  Supervisor Jurgensen, second Supervisor Handevidt to place the ad for change in polling places in two newspapers.  Votes 3-1, with Supervisor Krueger voting no.


D.        Town Board

1.          Jeanne Krueger, Supervisor #1  

Supervisor Krueger stated that she enjoyed working the recent home show at the Tri-County Ice Arena and spoke with residents in-favor and not in-favor of the towns proposed name change.  She felt a referendum would be appropriate to see what the majority of the townspeople want.


Supervisor Jurgensen commented on the petition regarding the name change.  He stated that 750 signatures were required, however, he would strive for 1000 signatures.




2.          Robert Sprague, Supervisor #2 – No report


3.          Jerry Jurgensen, Supervisor #3 – No report


4.          Russ Handevidt, Supervisor #4

Supervisor Handevidt commented on the policy for ordering business cards for himself.


E.        Town Chairman

Chairman Tews thanked Community Development Director George Dearborn for taking his place at the Home Show in his absence.


F.         Other Town Officials

George Dearborn, Director of Community Development 

Director Dearborn commented that the number of multiple family permits issued for this year far exceeds last year.


Town Engineer, Carl Sutter – Carl Sutter stated that the east-end storm sewer will become the roundabout with Pheifer Construction to start in May.


The cost to run storm sewer pipe under the roundabout will cost approximately $20,000.00 and would have to go into the agreement with the DOT as part of the project with the town being responsible for costs.


Administrator DeGrave stated we could wait two weeks to add on to the DOT contract.


Keith Kiesow, Fire Chief

Chief Kiesow commented on the Spire Act Grant.  Application is from April 2 to May 2 to apply for the grants, and requires a 10% match from the community with substantial savings to the town.  5,000 to 6,000 departments are applying for this grant.

Under $1,000.00, (10%) will go to the town to purchase equipment, laptop computers,

etc .


He discussed the amount, which will go to the town at year’s end, to be between $1,500 to $2,500 dollars for purchase of such items as auto defibrillators, etc. 


Chief Kiesow spoke with Dave McFadden of Fox Valley Technical College.  Fox Valley needs to store their fire truck and asked whether the town would store the truck at Fire Station #41 and, in exchange, the firefighters could use the truck for training purposes.  Questions arose as to who would insure the truck.  It was suggested that the town creates an agreement and report back to the board members.


Reminder: There will be a house burning on Saturday, March 31st at 8:00 a.m. on Appleton Road for those who would like to attend.


Susan Phillips, Fire Marshall

Susan Phillips thanked the Town Board for the opportunity to attend the Fire Emergency Management Academy for two weeks.  She gave a report to the board of her schooling and classes, and stated she was only one of two women in the class, the only one from Wisconsin.


Street Superintendent, Randy Gallow

Superintendent Gallow introduced the newly hired street laborer, Jonathon Zimmer. 


He also commended those in his department who have endured some very rough times with the loss of a co-worker, a few who have sustained injuries and one who had a house fire which made the department short-handed at times.  Randy thanked them all.


 Superintendent Gallow stated that Milbach Construction would be breaking ground for the building addition, starting Monday, April 2nd with completion to be approximately the 1st of August.


XII.     ANNOUNCEMENTS – Same as on Agenda



At 8:05 p.m., MOTION: Supervisor Krueger, second Chairman Tews to convene into closed session 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.  Specifically, to discuss Bogdan Vitas, Jr. lawsuit.


Pursuant to 19.85(2) of the Wisconsin State Statutes; the Town Board will reconvene into open session to act upon any business discussed in closed session.


XII.             ADJOURNMENT

At 8:56 p.m., MOTION: Supervisor Jurgensen, second Supervisor Handevidt adjourn the Regular Meeting of the Town Board of Supervisors.  Motion carried unanimously.


Respectfully submitted,




Karen J. Tweedie

Deputy Clerk