10.03.19 Town Board MINUTES.docx 7.eApproval of …...7.f Operator's Licenses with No Applicable Violations per Town Policy. M-TB Operator's License for October 2019.docx October Operators.xlsx

“In the Spirit of Town Government”

TOWN OF BUCHANAN, OUTAGAMIE COUNTY, WINOTICE OF THE REGULAR TOWN BOARD MEETING

TUESDAY, OCTOBER 22, 2019 AT 7:00 PMBUCHANAN TOWN HALL, N178 COUNTY RD N, APPLETON, WI

AGENDA 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL & VERIFY PUBLIC NOTICE 4. PUBLIC HEARINGS: NONE 5. PRESENTATIONS: 5.a Nicholas Thyssen (Fire) 5 year service award. Thyssen Certificate.pdf

6. PUBLIC COMMENT FORUM

Members of the public are welcome to address the Town Board. Individuals wishing to speak onan item (whether on the agenda or not) must sign in prior to the start of the meeting and mayspeak during the Public Comment Forum. The Public Comment Forum allows any member of thepublic to make their comments prior to Town Board discussion or action on an agenda relatedmatter. Commentators must state name and address for the record. Individual comments arelimited to no more than five minutes each. Once the public comment forum ends there will be noadditional discussion from the audience. The Town Board may suspend this rule if deemednecessary. Note regarding non-agenda related matters: Pursuant to WI Statutes 19.83(2) and 19.84(2), thepublic may present matters; however, they cannot be discussed or acted upon until specific noticeof the subject matter of the proposed action can be given.

7. CONSENT AGENDA

All items listed under the Consent Agenda are considered routine and will be enacted by one motion. There will beno separate discussion of these items unless a Board member so requests, in which event the item will be removedfrom the General Order of Business and considered at this point on the agenda.

7.a Approval of the Minutes of September 12, 2019 Special Town Board Meeting. 9.12.19 Town Board MINUTES.docx 7.b Approval of the Minutes of September 17, 2019 Town Board Meeting. 9.17.19 Town Board Minutes.docx 7.c Approval of the Minutes of September 24, 2019 Special Town Board Meeting. 9.24.19 Town Board MINUTES.docx 7.d Approval of the Minutes of the October 3, 2019 Special Town Board Meeting. 1

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10.03.19 Town Board MINUTES.docx 7.e Approval of September 2019 Treasurer Statement & Approved Bills. M-TB Treasurers Report and Bills for October 2019.docx Sept Monthly Report.pdf Bills.pdf September Budget Report.pdf 7.f Operator's Licenses with No Applicable Violations per Town Policy. M-TB Operator's License for October 2019.docx October Operators.xlsx 8. ORDINANCES FOR INTRODUCTION: 8.a Ordinance 2019-04 Establishment of a Transportation Utility Fee in the Town of Buchanan,

Outagamie County, WI Municipal Code. M-Ordinance 2019-04_2019-10-22.docx Ordinance 2019-04_Transportation Utility Fee_2019-10-16.docx 9. PLAN COMMISSION ITEMS FOR DISCUSSION & POSSIBLE ACTION: NONE 10. ROUTINE REPORTS & ACTIVITIES 10.a Law Enforcement - Monthly/Quarterly Update on Town Law Enforcement Activities

M-TB Monthly Law Enforcement Report September 2019.docx 10.b Fire, EMS & Emergency Management - Report on Fire, EMS & Emergency Management

Activities

Monthly Report

M-TB Monthly BFR Report September 2019.docx Fire Department Monthly Report.pdf 10.c Town Engineer - Update on Town Engineer Activities

LOA - 2020 Road Construction - For Approval/Denial.1. A17, A18 & B18 Warranty Review Update.2. 2019 Drainage Roadway Preliminary Study Update.

M-TB Engineer's Report for October 2019.docx LOA 2 - 21 A20 2020 Road Construction Design-Bid Additional Areas.pdf 10.d Clerk/Treasurer Report on Clerk/Treasurer Activities

1. Meeting and Event Calendar

M-TB Monthly Clerk-Treasurer Report September 2019.docx 2020 Town Events & Meetings Calendar.xls

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10.e Town Administrator Report on Administrative Activities

Major Project Update1. Contract B17 - Stored Materials2. Update on Purchase of Real Property at N124 County Rd N & N130 County Rd N3. Darboy Sanitary District4. Legislative Update5. Training/Conference Opportunities

M-TB Monthly Administrator's Report for October 2019.docx 2019 Major Project Summary_October_2019-10-22.pdf 16. Order denying petition for review.pdf 09-24-2019 DSD Approved Minutes.pdf 11. UNFINISHED BUSINESS FOR DISCUSSION & POSSIBLE ACTION 12. NEW BUSINESS FOR DISCUSSION & POSSIBLE ACTION 12.a Review Annexation Request for Parcels #030042200 & 030042600 M-Annexation (Marcella)_2019-10-22.docx Marcella Annexation.pdf 13. CLOSED SESSION

a). 2019 Annual Performance Evaluation of the Town Administrator. Pursuant to section 19.85(1)(c) of the Wisconsin State Statutes: Considering employment,promotion, compensation or performance evaluation of any public employee over which thegovernmental body has jurisdiction or exercises responsibility. Annual Review of Performance, Compensation, Benefit and Employment for Specific Town Employees. Reconvene to Open Session: Possible Town Board Action on Item Discussed in ClosedSession.

14. FUTURE AGENDA ITEMS: The next regularly scheduled meeting is November 19, 2019.

Meeting agenda/discussion items and possible action on future Town Board agenda, includingspecific items for inclusion on or exclusion from a future agenda. Other future meetings:October 29, 2019 Budget Presentation 6:00 p.m.November 7, 2019 Budget Hearing &Special Town Meeting 7:00 p.m.December 17, 2019 Town Board Meeting 7:00 p.m.

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15. ADJOURNMENT

Cynthia Sieracki, ClerkPosted: October 18, 2019

Public Notice: Agendas are posted in the following locations: Town Hall bulletin board, Town website: www.townofbuchanan.org. Buchanan Festival Foodsand Darboy Joint Sanitary District. Special Accommodations: Requests from persons with disabilities who need assistance to participate in this meeting should be made to the Clerk’s Office at(920) 734-8599 with as much advance notice as possible. Notice of Possible Quorum: A quorum of the Plan Commission, Board of Review, and/or Board of Appeals may be present at this meeting for the purpose ofgathering information and possible discussion on items listed on this agenda. However, unless otherwise noted in this agenda, no official action by the PlanCommission, Board of Review, and/or Board of Appeals will be taken at this meeting.

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Buchanan Town Board Minutes for September 12, 2019 - 1 -


TOWN OF BUCHANAN, OUTAGAMIE COUNTY, WI

MINUTES OF SPECIAL TOWN BOARD MEETINGTHURSDAY, SEPTEMBER 12, 2019 AT 7:00 P.M.

BUCHANAN TOWN HALL, N178 COUNTY RD N, APPLETON, WI 54915

1. CALL MEETING TO ORDER: Meeting called to order by Chairperson McAndrews at 7:00 p.m.

2. PLEDGE OF ALLEGIANCE: Pledge recited.

3. ROLL CALL & VERIFY PUBLIC NOTICE: Public notice verified. Board members present –McAndrews, Lawrence, Walsh, Kavanaugh and Reinke. Town officials present – Town Administrator Brown, Clerk/Treasurer Sieracki and other members of the public were also in attendance.

4. PRESENTATION BY LEE SZYMBORSKI, GovHR: Administrator Brown reviewed the process that started about 4 months ago. Mr. Szymborski stated that the first part of the study was to look at the organization and to make recommendations. The Board will receive a copy of the written report once it is complete. Mr Szymborski stated that the second part of the study, compensation, would be the focus at this meeting. He explained what type of data is collected through the use of a survey, job analysis questionability and how the compensation rates are calculated. The same twelve (12) communities that were used in earlier studies were surveyed. Compensation rates are calculated at the 40th, 50th, and 60th percentile. Seven compensation grades/ranges were established: Grades 1 – 3 Administrative and Technical Staff, Grade 4 (open) Supervisory and Advanced Technical Staff, Grade 5 – 6 Directors and Managers, Grade 7 Town Administrator. He reviewed the proposed compensation plan and pay philosophy. Buchanan’s current pay ranges and actual salaries are falling into, or below, the 40th percentile. He suggested at a minimum to move to the 50th percentile. He gave suggestions on how to implement the classifications and compensation plans. Mr. Szymborski reminded the Board that they receive a very high level of output from a very small staff.

5. TOWN BOARD BUSINESS DISCUSSION: The Board had several questions relating to individual’s wages. They all agreed that they need to see the report to be able to make any decisions. Administrator Brown stated that since this could have an impact on the budget another Special Board Meeting will be needed to work through this information. The Board agreed to schedule the Stormwater Utility meeting for 6:30 p.m. on October 3 and hold the next Special Board meeting at 7:30 p.m. on October 3. The report on the study will be available one week before the meeting.

6. ADJOURNMENT: Motion made to adjourn at 8:00 p.m. by Walsh/Kavanaugh. Motion carried 5 to 0.

Cynthia Sieracki, ClerkDrafted: September 16, 2019

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MINUTES OF THE TOWN BOARD MEETINGTUESDAY, SEPTEMBER 17, 2019 AT 7:00 P.M.


OPENING:1. CALL MEETING TO ORDER: Meeting called to order by Chairperson McAndrews at 7:00 p.m.


3. ROLL CALL & VERIFY PUBLIC NOTICE: Public notice verified. Board members present – McAndrews, Lawrence, Walsh, Kavanaugh and Reinke. Town officials present – Town Administrator Brown, Clerk/Treasurer Sieracki, Fire Chief Mohr, Plan Commission Chairperson Erdmann, Town Engineer Majkowski and other members of the public were also in attendance.

PRESENTATIONS & PUBLIC FORUM:4. PUBLIC HEARINGS: NONE

5. PRESENTATIONS: Jack Walsh (Fire) 5 year service award. Chief Mohr will award at a later date.

6. PUBLIC COMMENT FORUM: McAndrews called for comments three (3) times. The following individual spoke at the public comment forum.

Matt Fochs, W2802 Emons Rd, Appleton asked if the Town would be having any extra yard waste pickups or have dumpsters at the Town Hall again. He stated he has several bags of yard clippings and didn’t want to have to pay to take them to the landfill.

TOWN BOARD BUSINESS AGENDA:7. CONSENT AGENDA

a). Approval of the Minutes of August 14, 2019 Special Town Meeting of the Electors.b). Approval of the Minutes of August 20, 2019 Town Board Meeting.c). Approval of August 2019 Treasurer Statement & Approve Bills.d). Operator’s Licenses with No Applicable Violations per Town Policy.

Motion by Reinke/Lawrence to approve all items as provided in the consent agendas as presented. Motion carried 5to 0 by voice vote.

8. ORDINANCES FOR INTRODUCTION: NONE

9. PLAN COMMISSION ITEMS FOR DISCUSSION & POSSIBLE ACTION:

a) Application for Site Plan (2019-03): Applicant: N684 Marcella, LLC; Site plan application for mini storage facilities; Parcel Numbers 030042600 & 030042200 - For Approval/Denial. Chairperson Erdmann introduced the application stating that Applicant: N684 Marcella LLC has submitted a site plan application for a wholesaling, warehouse, storage or distribution establishment, Parcel Numbers 030042600 & 030042200. The Plan Commission did approve this application at the September 9, 2019 meeting.

Administrator Brown added that based on administrative review, the proposed site plan meets the following Zoning Code requirements:

Dimensional requirements, per §525-30E Off-street parking requirements, per §525-51 & 56A&F. 7


Off-street loading requirements, per §525-52. Site plan application submittal requirements, per §525-80. Dumpster and Dumpster Enclosures, per §525-109. Outdoor Lighting, per §525.111. Building Material and Architectural Requirements, per §525-112.

The proposed site plan does not meet the following Zoning Code requirements: Landscape Requirements, per §525-110.

o An updated landscaping plan was given to the Plan Commission for review and will meet the code requirements.

Signs, per §525, Article VII.o The logo sign (15x10) exceeds the wall sign maximum of 100 square feet. The applicant will adjust

the size of the sign to meet code requirements.

Post-Construction Stormwater {Article IV of §504} & Erosion & Sediment Control {Article VIII of §230} Plans were provided with application and submittals. The Plans must comply with Code for final building permit approval.

Motion by Walsh/Reinke to approve application for Site Plan #2019-03, N684 Marcella LLC, as presented with the following conditions: that the landscape requirements and sign code requirements are meet. Motion carried 5 to 0 by voice vote.

b) Application for Rezoning (#2019-01): Parcel number 030 063200, W2096 County Rd KK, Kaukauna, 9.37 acres. Town of Buchanan, Outagamie County, Wisconsin. Clark Fox – Civil Fox Engineering, LLC, Applicant for Ross Schmidt – R. Industries LLC. General Agriculture (AGD) to Industrial (IND). – For Approval/Denial. Chairperson Erdmann introduced the application and mentioned that the Plan Commission did approve the Application for Rezoning at the September 9, 2019 meeting.

Administrator Brown stated this request is consistent with the Comprehensive Plan. In the Future Land Use Chapter of the Plan, the area is designated as a commercial and retail service hub. A few of the pertinent objective of the district are to (1) “provide opportunities for a mixture of commercial, business and industrial land uses; and (2) “…redevelop properties in order to increase economic activity.” The zoning districts targeted are Local Commercial District (CL), Retail Commercial District (CR), Planned Commercial District (CP) and Industrial District (IND).

The Board discussed.

Motion by Walsh/Reinke to approve application for Rezoning #2019-01 as presented. Motion carried 5 to 0 by voice vote.

c) Application for Site Plan (2019-04): Applicant R Industries, LLC., Ross Schmidt, Site Plan Application for a free-standing building to operate as a shop for the business along with three future industrial build to site buildings; Parcel 030063200, W2096 County Road KK, Kaukauna. – For Approval/Denial. Chairperson Erdmann stated that Applicant: R Industries, LLC has submitted a site plan application for a building contractor with storage yard, Parcel Number 030 063200, W2096 County Road KK, Kaukauna. The Plan Commission did approve this at the September 9, 2019 meeting.

Administrator Brown added that based on administrative review, the proposed site plan meets the following Zoning Code requirements:

Dimensional requirements, per §525-30E Off-street parking requirements, per §525-51 & 56F. Off-street loading requirements, per §525-52. Site plan application submittal requirements, per §525-80. Dumpster and Dumpster Enclosures, per §525-109. Outdoor Lighting, per §525.111. Building Material and Architectural Requirements, per §525-112. Landscape Requirements, per §525-110.

A landscaping plan is included in the site plan. 8


The plan does meet the screening requirement for an industrial development, per 525-110D(4)(a)[2]. The applicant has a planting substitution of 48 evergreens and 11 ornamental trees.

Signs, per §525, Article VII.A sign is not included in the site plan. However the proposed use may not have signs at this time.

The phase 1 building will be approximately 11,200 square feet and 3 more at approximately 9,000 square feet each will be built at a later date.

Post-Construction Stormwater {Article IV of §504} & Erosion & Sediment Control {Article VIII of §230} Plans were provided with application and submittals. The Plans must comply with Code for final building permit approval.

The Board discussed and asked about the driveway.

Motion by Reinke/Lawrence to approve application for Site Plan #2019-04, R Industries, LLC as presented.Motion carried 5 to 0 by voice vote.

10. ROUTINE REPORTS & ACTIVITIES:a). Law Enforcement – Monthly/Quarterly Update on Town Law Enforcement Activities – No update available.

b). Fire, EMS & Emergency Management - Report on Fire, EMS & Emergency Management Activities i. Monthly Report- Chief Mohr reviewed the report with the Board.

ii. Safety Day Recap- Chief Mohr stated they had a good turnout and no issues. A shuttle service was available to and from Holy Spirit which helped with the traffic flow on County Rd N.

c). Town Engineer – Update on Town Engineer Activitiesi. A20 - Design/Bid – For Approval/Denial.

Engineer Majkowski stated that this is to complete the roadway Design/Budding Phase of the roadway on Emons Rd from Eisenhower Dr. to Pinecrest Blvd and Eastowne Ct and a drainage swale to Eisenhower Dr. This will be designed to Town standards with curb and gutter. Concrete sidewalk will be on both sides of Emons Rd.

Motion by Kavanaugh/Reinke to approve the 2020 Road Construction – Emons Rd and Eastowne Ct –Design Bid Phase at a cost not to exceed $37,700.00. Motion carried 5 to 0 by voice vote.

ii. Springfield Park Drainage/Trail Study – Preliminary Engineering – For Approval/Denial.Engineer Majkowski stated this is the area between Cara Way and Just About Ln. Administrator Brown added that this park is always wet and the recreation plan shows a trail.

Motion by Kavanaugh/Lawrence to approve the Springfield Park Drainage/Trail Study at a cost not to exceed $5,800.00. Motion carried 5 to 0 by voice vote.

d). Clerk/Treasureri. Agenda Management Software - Update

The agenda software will not work on the Chromebooks so different devices will be ordered. Once the new devices are in we will hold another short training with the software downloaded onto them. Practice agendas will also be available to work with. Staff is anticipating using the agenda software for the October meeting.

ii. Election Equipment Maintenance & UpgradesElection Systems & Software (ES&S) will perform the software and hardware upgrades on ALL election equipment (DS200 & ExpressVote) the week of October 28-November 1, 2019. The upgrade is related to the new software and will include installation of new 4G modems in the DS200s.

iii. Badger Book Borrowing for 2020 ElectionsDue to the anticipated turnout for the 2020 elections, the Wisconsin Elections Commission will only be lending their supply of Badger Books to municipalities who currently have the Badger Books and may need extra devices. Staff was hoping to be able to borrow them for the August election to test how they would work for the Town, this is no longer an option. The Badger Book process was briefly explained. 9


iv. Purchasing Card UpdateThe Town received $1,225.09 in rebate funds for the second quarter of 2019. Attached is a recap of the rebate account and a listing of all items charged to the purchasing card as of November 16, 2018.

e). Town Administrator Report on Administrative Activitiesi. Major Project Update

The Village Board of Harrison has approved a fire study with the Town of Buchanan. An RFP will be done with the hope of having a vendor in November. The volunteers from Village of Harrison are paid on call just like Buchanan. Combined Locks doesn’t seem to be interested in completing a study with Buchanan however a call will be made to the Administrator/Clerk of Combined Locks to see if they want to be included.

ii. Official Map Schedulea. October/November 2019-Exterior lines of planned new streets, highways, historic districts,

parkways, railroad rights-of-way, public transit facilities, waterways, parks or playgrounds, or to widen, narrow, extend or close existing streets, highways, historic districts, parkways, railroad rights-of-way, public transit facilities, waterways, parks or playgrounds are surveyed based on Comprehensive Plan to create amended official map.

b. November 19, 2019 -Preliminary Amended Official Map referred to the Plan Commission by the Town Board.

c. January 13, 2020-Plan Commission makes recommendations and reports to the Town Board within 60 days.

d. December 21 & 28, 2019-Town Clerk publishes a class 2 notice for a public hearing on Proposed Amended Official Map.

e. January 21, 2020-Public hearing and Town Board reviews Proposed Amended Official Map for approval/denial.

Note: If approved, amendments become part of official map of the Town and are conclusive with respect to the location and width of the streets, highways, historic districts, waterways and parkways and the location and extent of railroad rights-of-way, public transit facilities, parks and playgrounds shown on the map. In addition, no permit may be issued to construct or enlarge any building within the limits of any street, highway, waterway, railroad right-of-way, public transit facility or parkway, shown or laid out on the map, except as provided in Wis. Sec. 62.23(6).

iii. Ordinance Modifications – Sign, Liquor License, Vaping & ATV/UTVStaff will continue to work with interested parties to amend or create the following ordinances:

a. Chapter 525, Article VII Signs – Allowing illuminated signs in a residential district for public and semipublic non-profit institutions;

b. Chapter 339 Intoxicating Liquor and Fermented Malt Beverages – Reviewing and modifying the procedure for identifying and taking corrective action against a licensed establishment identified as a troublesome license holders ;

c. Chapter 224 Cigarettes, Tobacco Products and Smoking – As electronic cigarettes (E-cigarettes) and vaping devices have become more pervasive more knowledge has become known about them as well. E-cigarettes have been marketed to younger individuals as a ‘safer’ alternative to cigarettes and other established tobacco products. However, there is a growing body of evidence finding these products have harmful chemicals like toxicants, ultrafine particles and carcinogens, which are known to cause adverse health effects. More striking is the fact that there have recently been a number of vaping-related lung disease deaths. Due to the known impacts of secondhand smoke and other public health concerns an amended ordinance will be recommended treating e-cigarettes and vaping devices similar to traditional tobacco products.

The Town has adopted Wis. Sec. 101.123 (“public place smoking ban”) by reference. This is important to note because at the State-level there is a bi-partisan plan to introduce a bill that would add vaping to the existing smoking ban; and

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d. Chapter 495, Article VI All-Terrain Vehicles and Snowmobiles – Review section with the Plan Commission. There is some interest in UTV routes. Currently, the code allows ATV’s which a defined as 900 pounds or less with a width of 50 inches or less and is equipped with a seat designed to be straddled by an operator. A UTV is usually between 1,200 to 2,000 pounds, is a 64 inches wide and seats two to four people.

For all these items, Staff will work through the rest of the year to address each one by discussing it with the appropriate body and, potentially, introducing a new or amended ordinance.

iv. Little Free LibraryThis item was discussed a number of years ago. Staff will look to revive this and look to put a Little Free Library at Hickory Park, Town Hall and Springfield Park in the spring of 2020.

v. Contract B17 – Stored MaterialsThe stored building materials for the garage will be sold via sealed bid on the Town website, starting September 18th. Each item will have a minimum bid. The only item that will not be sold is the two unit heaters.

vi. Update on Purchase of Real Property at N124 County Road N & N130 County Road NThe Town will close on these properties later this month. Once that is complete the existing owners have until November 1st to vacate the premises. The Board should consider thinking about long and existing term future uses for the properties and what a planning process might consist of.

vii. Valley TransitEach Board member received a draft Transit Development Plan Presentation. An open house at the Appleton Public Library on September 23 and September 25.

viii. Darboy Sanitary DistrictMinutes from the meetings will be included when available.

ix. Legislative UpdateOn the week of September 2nd, the state Department of Transportation (DOT) announced the details of the new $75 million local government transportation grant program created as part of the recently enacted 2019-2021 state budget. This one-time funding initiative is called the Multimodal Local Supplement (MLS) grant program and is available to local and tribal governments. The MLS grant program sets aside $18.4 million for cities and villages, $26 million for counties, and $28.9 million for towns. This one-time grant program is in addition to the General Transportation Aids program, and the Local Roads Improvement Program (LRIP).

According to DOT, the project selection process for the MLS program will include local government committees. The selection will be competitive and involve stakeholder input and review. Projects will rate higher if they demonstrate economic impact, provide greater connectivity or are shown to have greater cost-effectiveness than other options.

x. Training/ Conference OpportunitiesLeague of Wisconsin Municipalities has a conference October 23 – October 25. Any Board members interested in attending should contact the Administrator. The Administrator will be attending the conference on October 24.

11. UNFINISHED BUSINESS FOR DISCUSSION & POSSIBLE ACTION:a). CIP Financing Approach – For Discussion and Possible Action.

Transportation System Financing Approach, was amended to illustrate the likely cost figures for two potential cost recovery options, Special Assessments and a Transportation Utility Fee, using a $2,500,000 project.Administrator Brown reviewed the options and explained that the cost continues to rise but the funding doesn’t increase. The urbanized areas have drainage issues that need to be addressed. The Board will need to consider adjustments for inflation. Engineer Majkowski explained a hypothetical project and what the financing would look like.

The Board discussed and asked several questions. 11


Supervisor Walsh stated that he would like to get to the point that funds would not need to be taken from the levy. Administrator Brown mentioned that the Town could benefit from the County Sales tax.

Motion by Walsh/McAndrews to:i. use 2.25 million as the base transportation funding

ii. 10% of the overall construction cost of the project to be special assessediii. After a five year period funds would not come out of the general fundiv. To account for inflation the municipal cost index would be usedv. Option #5 of Transportation Utility Fee should be adopted and implemented with a cost recovery

amount of $1 million

Motion carried 5 to 0 by voice vote.

The Town Attorney will need to review the Ordinance. It will then be back on the Agenda as an Ordinance Introduction and then for adoption.

12. NEW BUSINESS FOR DISCUSSION & POSSIBLE ACTION:a). Ordinance 2019-03: Chapter 330-4A, Park Impact Fees, Ordinance Amendment

Administrator Brown stated that the Town of Buchanan adopted a Comprehensive Outdoor Recreation Plan on November 13, 2017. To ensure the recommendations are funded through the Park Impact Fee Fund the ordinance language regarding it has to be amended.

Currently, it states the following,

“The basis for the imposition of the park impact fees is the facilities needs assessment titled "Town of Buchanan Park and Recreation Facilities Need Assessment and Impact Fee Study," prepared by the Town in October 2009, which is on file in the office of the Town Administrator of the Town of Buchanan. These impact fees shall be collected until the capital costs associated with the projects specified in the "Town of Buchanan Park and Recreation Facilities Need Assessment and Impact Fee Study" have been incurred and satisfied ("satisfied" includes the full repayment of any debt of the Town related to the projects).”

Staff is recommending the following language,

“The basis for the imposition of the park impact fees is the facilities needs assessment titled "Town of Buchanan Park and Recreation Facilities Need Assessment and Impact Fee Study," prepared by the Town in October 2009, and “Comprehensive Outdoor Recreation Plan,” adopted by the Town in November 2017, which is on file in the office of the Town Administrator of the Town of Buchanan. These impact fees shall be collected until the capital costs associated with the projects specified in the "Town of Buchanan Park and Recreation Facilities Need Assessment and Impact Fee Study" and “Comprehensive Outdoor Recreation Plan” have been incurred and satisfied ("satisfied" includes the full repayment of any debt of the Town related to the projects).”

This ordinance language allows the Town utilize the park impact fees for the recommendations in this updated plan.

Motion by Reinke/Lawrence to approve Ordinance 2019-03, as presented. Roll call vote taken: McAndrews: Aye, Lawrence: Aye, Kavanaugh: Aye, Walsh: Aye, Reinke: Aye. Carried 5 to 0.

b). Modification of Town of Buchanan Budget & Financial Policies – Investment Policy – For Approval/Denial.Administrator Brown stated that the Town of Buchanan Budget and Financial Policies were adopted by the Town Board on March 16, 2010. Most of these policies have not been reviewed and amended since that time, including the Investment Policy. Recently, in July 2019, the Board amended the Fund Balance Policy. This is worth mentioning because there are similar issues existing within the Investment Policy, i.e., a lot of area for interpretation and benchmarks could be better identified.

This Policy was chosen as the next Budget and Financial Policy for Staff to review based on the Town’s new relationship with Ehlers as the Town’s Investment Advisor.With continuous improvement in mind, the following modifications were made to the Investment Policy:

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Objective of Investment Activities. The objective of investment activities are identified in order of importance. They are 1) safety; 2) liquidity; and 3) return on investment. Each objective is defined and a statement(s) is made about how the objective will be managed.

Delegation of Authority. The responsibility continues to reside in the Town Administrator position. However, the responsibility is delegated by the Town Administrator to the Treasurer and this is recognized in the position’s job description. Within it is states, “Manage investment of Town funds in accordance with investment policies and goals, and local, state and federal regulations.”

Additional Sections Added for Clarity. A section covering internal controls, investment parameters, reporting, pooling of cash and adoption and approval were added.

Motion by Kavanaugh/Lawrence to approve the modification to the Investment Policy. Motion carried 5 to 0 by voice vote.

c). 2019 Capital Budget: i. Hose Replacement Purchase – For Approval/Denial.

The Town of Buchanan Fire and Rescue Department is requesting the Town Board’s approval to order fire supply hose, as previously discussed and approved in the current budget. Per Town policy, your approval is needed for items in excess of $5,000.00. We are requesting approval to purchase 10 lengths of 100 Ft. Large Diameter Hose supply hose.

These are the 5 inch hoses that connect the hydrant to the engines to supply water for fire operations.Some quotes require shipping costs and others do not.


Motion by Kavanaugh/Reinke to approve the hose replacement purchase with a cost not to exceed $7000.00. Motion carried 5 to 0 by voice vote.

d). Resolution 2019-09 Accepting Infrastructure Public Improvements to Ruys Ridge Subdivision by Garner’s Creek Development, LLC – For Approval/Denial.

In March 2016, the Town of Buchanan and Garners Creek Development, LLC (“Developers”) entered into a development agreement for the purpose of developing seven (7) single family residential parcels on Ruys Court.

The Town partially accepted the installed public improvements as public infrastructure, which included the sanitary sewer, storm sewer storm water management, water main and most of the road construction, in December 2016. The Developers had until March 1, 2019 to complete the final construction phase – final asphalt layer paving. In June 2019, the Town Engineer conducted an inspection and determined the work, along with curb repairs, was complete and acceptable. As a next step, Staff worked with the Developer to close out the project by ensuring all the terms of the development agreement have been met.

Since the Developer has fulfilled their commitment Staff is requesting the Town accept the final improvements as public infrastructure. In addition, the remaining Public Improvement Guarantee balance amount of $8,250 be released to Garner’s Creek Development, LLC.


Motion by Walsh/Reinke to approve Resolution 2019-09. Roll call vote taken: McAndrews: Aye, Lawrence: Aye, Kavanaugh: Aye, Walsh: Aye, Reinke: Aye. Carried 5 to 0.

The following item was held in Open Session under new business with the option to go into Closed Session if performance of any employee would need to be discussed.

e). 2019 Annual Performance Evaluation of the Town AdministratorThe Administrator Evaluation form was reviewed by the Board to see if they wanted to make any changes. They all agreed the Evaluation form just needed a date change. Once they receive a revised form they will return it to Chairperson McAndrews who will provide a summary of the ratings and compile the comments.

13


Administrator Brown mentioned that once his wife has their baby he will be taking off two weeks and after that time would like to work from home every Friday until the end of the year.


CLOSING:

13. FUTURE AGENDA ITEMS –The next regularly scheduled meeting is October 22, 2019. Meeting agenda/discussion items and possible action on future Town Board agenda, including looking at PR firms to help get the Towns message out, Official Map updates.

Other future meeting:September 19, 2019 Public Information Meeting – Roadway & Drainage Study. 6:00 pm – 9:00 pm.September 24, 2019 Special Town Board Meeting – Roadway & Drainage Study discussion and possible action. 7:00 pm.

14. ADJOURNMENT: Motion made to adjourn at 8:46 p.m. by Lawrence/Reinke. Motion carried 5 to 0.

Cynthia Sieracki, ClerkDrafted: September 19, 2019

14




MINUTES OF SPECIAL TOWN BOARD MEETINGTUESDAY, SEPTEMBER 24, 2019 AT 7:00 P.M.




3. ROLL CALL & VERIFY PUBLIC NOTICE: Public notice verified. Board members present –McAndrews, Lawrence, Walsh and Kavanaugh. Town officials present – Town Administrator Brown, Clerk/Treasurer Sieracki, Town Engineers Majkowski and Keen, and other members of the public were also in attendance. Supervisor Reinke was excused.

4. PRESENTATION BY THAD MAJKOWSKI, CEDAR CORP.: Engineer Majkowski reviewed the presentation that was presented at the PIM on Thursday, September 19, 2019. He explained the draft information that was collected at the PIM and supplied the Board with a draft copy of the entire report. Majkowski stated the Board should focus on years 1 -5 and review them annually for any changes that may need to be made.

Administrator Brown reviewed the financing for the road projects with special assessments and the transportation utility fee. The Town will pay for the road base and surface, sidewalks and Storm Water management facilities (ponds). The property owner will pay for the driveway aprons and the Storm Water conveyance facilities (storm sewer, curb and gutter and/or ditches).

Engineer Majkowski reviewed the preliminary schedule which includes the design phase, bidding phase, construction phase and assessment phase. The Board will need to determine how the assessment will be based, on area cost or total project cost. Discussion will also be needed on the storm sewer design level and temporary pavement in the isolated areas.

5. TOWN BOARD BUSINESS DISCUSSION: The Board asked several questions about the road projects and drainage issues. The Board agreed that the CIP priority for year 1 will include Eastowne Ct, Emons Rd, Treeline Ct, Speel School Rd, Milky Way, Kebe Ct, Harvard Ct and Cornell Ct. The Board will make a final motion on this at the October 22, 2019 meeting.

Some adjustments to the CIP may be neede to included Emons and County Rd N [if the Board approves].

Question were asked about which roads are on the low end of the basin and how does the Town set itself up for success.

The Board discussed the drainage concerns with Stormwater facilities and would like to have a presentation on this at the October 3, 2019 Stormwater Utility meeting.

6. OUTAGAMIE COUNTY HIGHWAY DEPARTMENT CTH N ROAD DESIGN, CONSTRUCTION AND FUNDING. – FOR DISCUSSION AND POSSIBLE ACTION: Administrator Brown stated that the proposed CTH N project discussion about the segment of road from Emons Road south to CTH KK started in February 2018. At that time the Town approved an agreement for the design of an off-road trail. Then, on July 15


18, 2018, the Outagamie County Highway Department had a public information meeting to get feedback about the overall CTH N (Emons Road to CTH KK) project. The following week there was a Special Town Board Meeting on July 23rd, 2018. The Highway Commissioner and Transportation Engineer from Outagamie County Highway Department presented the project. After that meeting in August 2018 the Town Board discussed the project and a number of items were identified as needing additional information and/or investigation/review. The issues are listed below:

Property impacts on the west side of CTH N from Whitetail Ridge Court south to CTH KK. The County has agreed to urbanize this section of road. There was concern about the Utilities and how they would impact properties. It has been determined that the terrace will provide enough area, so the utility poles will not likely be

much closer to homes/businesses than they are today. The Off-Road Trail did not connect with the existing sidewalk adjacent to the roundabout at CTH N

and Buchanan Road.

Working with the Town Engineer and County Highway Department Staff all these issues have been addressed to the satisfaction of the Board.

In January 2019 a proposed CTH N Intergovernmental Agreement for construction of the road and off-road trail was presented. After expressing the concerns the Board brought up the Highway Department provided three options to move forward:

1. Full urbanization & reconstructing CTH N w/an Off-Road Trail –Total project cost: $2,346,861 (Town cost: 1,173,443)

2. Rural Reconstruction w/an Off-Road Trail –Total project cost: $2,310,025 (Town cost: $1,105,025)

3. Pavement Maintenance –Total project cost: $300,000 (Town cost: $0)

At that time, the Town Board decided to let Outagamie County know there was no interest in moving forward with option 1 or 2.

On Wednesday, September 18, 2019, the Appleton MPO Committee met to discuss submitted Surface Transportation Block Grant projects. After a long discussion the Committee decided to fund four projects, providing a 70%/30% grant to each one. CTH N was one of the projects chosen. The work would consist of reconstructing the roadway from Emons Road south to CTH KK, construct the off-road trail AND the roundabout.

Outagamie County has drafted a proposed cost share agreement for the Town Board to review.

The Board discussed some concerns about the properties that will be affected by the roundabout. Supervisor Kavanaugh stated he doesn’t want to spend more money on a roundabout. He stated this is a County Rd they should pay for it. The Board agreed that the funding is good, but the design will need to be looked at.

Administrator Brown stated that the Board will need to make a decision soon. If the Town decides not to go forward with the project the funds will be used for other projects in other municipalities.

Administrator Brown will reach out to the County to see what other design options would be available.

7. ADJOURNMENT: Motion made to adjourn at 8:34 p.m. by Lawrence/Walsh. Motion carried 4 to 0.

Cynthia Sieracki, ClerkDrafted: September 26, 2019 16

Buchanan Town Board Minutes for October 3, 2019 - 1 -



MINUTES OF SPECIAL TOWN BOARD MEETINGTHURSDAY, OCTOBER 03, 2019 AT 7:00 P.M.




3. ROLL CALL & VERIFY PUBLIC NOTICE: Public notice verified. Board members present – McAndrews, Lawrence, Walsh and Reinke. Town officials present – Town Administrator Brown, Clerk/Treasurer Sieracki, Engineer Majkowski and other members of the public were also in attendance. Kavanaugh was excused.

4. PRESENTATION BY LEE SZYMBORSKI, GovHR: Mr. Szymborski started by giving an overview of the process that started about six months ago. He stated that tonight would be the second part of the study, which looks at the organization and makes recommendations. He reviewed the employee classifications and compensation study, the approach and scope of the study and the general findings. He stated that Buchanan has less staff compared to other comparable municipalities. Mr. Szymborski made several staffing suggestsand compensation recommendation to the Board.

5. TOWN BOARD BUSINESS DISCUSSION: The Board reviewed the report on the study and asked several questions. They agreed that adding a position would have several benefits. After much discussion the Board agreed on eliminating the intern position and create a full-time Engineer Tech position, they agreed on the pay grades and the open range merit plan. The Board and Administrator will work together to implement these into the 2020 budget.

6. OUTAGAMIE COUNTY HIGHWAY DEPARTMENT CTH N ROAD DESIGN, CONSTRUCTION AND FUNDING. – FOR DISCUSSION AND POSSIBLE ACTION.Administrator Brown reviewed the information about the grant funding. He explained that the date for accepting the grant funding is Friday, October 4th, 2019. The Board all agreed they are on board with the grant funding, but have concerns about the homes by the round-about. Supervisor Walsh stated that he would like to move forward. The project is slated for 2024/2025 and includes the road, trail on the east side and round-about.

Motion by Lawrence/Walsh to finalize a municipal agreement with Outagamie County for the County N project. Lawrence – Aye, Reinke –Aye, McAndrews – Aye, Walsh – Aye. Motion carried 4 to 0 with Kavanaugh-absent.

7. ADJOURNMENT: Before adjourning the Board discussed setting Tuesday October 29th at 6:00 p.m. for the budget presentation. Motion made to adjourn at 9:28 p.m. by Lawrence/Reinke. Motion carried 4 to 0.

Cynthia Sieracki, ClerkDrafted: October 7, 2019

17

Treasurer Report & Bills for Approval/Denial Page 1 of 1

TOWN BOARD MEETING: October 22, 2019 AGENDA ITEM #: 7eACTION TYPE: Administrative Action (For Approval/Denial)


AGENDA MEMORANDUM

To: Honorable Town Chairperson and Town SupervisorsFrom: Cynthia Sieracki, TreasurerDate: October 22, 2019RE: Treasurer’s Report & Approval of Bills

RECOMMENDED ACTION: This is an administrative actioni item for Town Board Approval/Denial.

SUMMARY: The attached Treasurer’s Report is for the period ending September 30, 2019. Also attached is a list which includes all bills and deposits for the period September 8, 2019 through October 12, 2019. Included is the working budget summary for the period ending September 30, 2019.

If you have specific questions regarding the bills including payroll, please contact my office prior to the meeting to discuss. Questions for an individual employee’s salary and wages should be discussed with me directly as these are wages for direct hours worked. Specific employee performance should not be discussed in open session. If you’d like to discuss performance of a specific employee, please contact my office to schedule a meeting or a ‘closed session’ agenda item.

POLICY/PLAN REFERENCE(S):1. Wis. Stats. §64.45 - Disbursements from town treasury.2. Wis. Stats. §66.0607 - Withdrawal or disbursement from local treasury.3. Town of Buchanan Budget & Financial Policy, adopted March 2010.

FISCAL IMPACT:1. As shown on list of bills and deposits for period.

CRS

###

Attachments:1. September 2019 Treasurer’s Report2. September 8, 2019 through October 12, 2019 Bills & Deposits List3. Town Budget Summary for period ending September 30, 2019

i Administrative actions involve the routine application of adopted rules, policies and standards. Examples include the approval of bills, the awarding of contracts/agreements and the issuance of permits and licenses for permitted uses. Discretion associated with these types of decisions is very limited and is based solely on state statutes, local ordinances and/or policy.

18

19

Type Date Num Name Memo Paid Amount

11010.0 · Investors Bank-CheckingDeposit 09/11/2019 Deposit 20,662.28Deposit 09/17/2019 Deposit 0.00Deposit 09/17/2019 Deposit 6,382.56Deposit 09/17/2019 Deposit 35.00Deposit 09/18/2019 Deposit 50.00Deposit 09/23/2019 Deposit 40.00Deposit 09/24/2019 Deposit 535,000.00Deposit 09/24/2019 Deposit 190.00Deposit 09/25/2019 Deposit 2,843.75Deposit 10/01/2019 Deposit 5,431.63Deposit 09/30/2019 Interest 81.92Deposit 10/02/2019 Deposit 35.00Deposit 10/08/2019 Deposit 2,048.41Deposit 10/07/2019 Deposit 38,853.18Deposit 10/10/2019 Deposit 0.00Paycheck 09/11/2019 ACH BOLWERK, CATHY S -714.16Paycheck 09/11/2019 ACH FRANZKE, RICK A -50.78Paycheck 09/11/2019 ACH KOWALKE, HAROLD D -471.69Paycheck 09/11/2019 ACH SIERACKI, CYNTHIA R -1,205.95Paycheck 09/11/2019 ACH BROWN, ANTHONY W -2,522.22Paycheck 09/11/2019 ACH ARCHER, ISAAC J -36.50Paycheck 09/11/2019 ACH BERG, DENNIS G -63.53Paycheck 09/11/2019 ACH DILLENBERG, DANIEL P -146.07Paycheck 09/11/2019 ACH EFFERTZ, SAWYER B -63.86Paycheck 09/11/2019 ACH GRONES, MICHAEL K -130.11Paycheck 09/11/2019 ACH HERTER, BILL J -11.07Paycheck 09/11/2019 ACH HOOYMAN, JEFFREY J -122.11Paycheck 09/11/2019 ACH JAHR, DANIEL W -24.56Paycheck 09/11/2019 ACH JAHR, TIMOTHY A -29.09Paycheck 09/11/2019 ACH MOHR, RAY A -858.67Paycheck 09/11/2019 ACH NEWHOUSE, JAMIE J -34.71Paycheck 09/11/2019 ACH REGAL, BRIAN J -9.93Paycheck 09/11/2019 ACH SCHULTZ, ALEXANDER R -18.70Paycheck 09/11/2019 ACH THYSSEN, BRADEN J -31.94Paycheck 09/11/2019 ACH THYSSEN, NICHOLAS P -31.17Paycheck 09/11/2019 ACH VAN SCHYNDEL, LISA M -112.16Paycheck 09/11/2019 ACH VANDERMOSS, TAYLOR L -11.64Paycheck 09/11/2019 ACH WALSH, JOHN T -86.57Paycheck 09/11/2019 ACH WEDELL, JARED S -27.37Paycheck 09/15/2019 ACH KAVANAUGH, CHARLES J -374.65Paycheck 09/15/2019 ACH LAWRENCE, KAREN L -572.66Paycheck 09/15/2019 ACH MC ANDREWS, MARK C -790.07Paycheck 09/15/2019 ACH REINKE, DENNIS G -585.83Paycheck 09/15/2019 ACH WALSH, THOMAS F -631.06Check 09/15/2019 ACH Paul Hermes Inspection fees -1,623.18Liability C... 09/17/2019 ACH Internal Revenue Service 39-1316254 -1,959.92Liability C... 09/17/2019 ACH Internal Revenue Service 39-1316254 -940.38Check 09/09/2019 ACH Network Health Plan Group 100400, -5,616.61

TOWN OF BUCHANAN10/14/19 Bills for 10/22/19 Meeting

September 8 through October 12, 2019

Page 1

20


Paycheck 09/25/2019 ACH BOLWERK, CATHY S -790.22Paycheck 09/25/2019 ACH KOWALKE, HAROLD D -549.79Paycheck 09/25/2019 ACH SIERACKI, CYNTHIA R -1,268.74Paycheck 09/25/2019 ACH BROWN, ANTHONY W -2,522.24Paycheck 09/25/2019 ACH ARCHER, ISAAC J -182.48Paycheck 09/25/2019 ACH BERG, DENNIS G -95.31Paycheck 09/25/2019 ACH CORNING, BRUCE D -93.83Paycheck 09/25/2019 ACH DILLENBERG, DANIEL P -332.85Paycheck 09/25/2019 ACH EFFERTZ, SAWYER B -136.86Paycheck 09/25/2019 ACH GRONES, MICHAEL K -362.84Paycheck 09/25/2019 ACH HANSON, TIMOTHY J -104.21Paycheck 09/25/2019 ACH HOOYMAN, JEFFREY J 0.00Paycheck 09/25/2019 ACH JAHR, DANIEL W -85.98Paycheck 09/25/2019 ACH JAHR, TIMOTHY A -33.94Paycheck 09/25/2019 ACH KOX, JEREMY J -62.63Paycheck 09/25/2019 ACH KRUEGER, SAMUEL A -251.62Paycheck 09/25/2019 ACH KUERSCHNER, GAVIN M -144.01Paycheck 09/25/2019 ACH MADER, MATTHEW J -11.38Paycheck 09/25/2019 ACH MOHR, RAY A -758.06Paycheck 09/25/2019 ACH NEWHOUSE, JAMIE J -55.52Paycheck 09/25/2019 ACH REGAL, BRIAN J -19.85Paycheck 09/25/2019 ACH SCHULTZ, ALEXANDER R -74.85Paycheck 09/25/2019 ACH THYSSEN, NICHOLAS P -46.75Paycheck 09/25/2019 ACH VANDERMOSS, TAYLOR L -40.72Paycheck 09/25/2019 ACH WALSH, JOHN T -32.28Paycheck 09/25/2019 ACH WEDELL, JARED S -88.96Paycheck 09/25/2019 ACH WIBERG, TYLER J -36.50Paycheck 09/25/2019 ACH SINGLETON, KEITH C -18.25Paycheck 09/25/2019 ACH THYSSEN, BRADEN J -31.94Liability C... 09/30/2019 ACH Wisconsin Dept. of Revenue 036-0000195431-02 -902.57Liability C... 10/01/2019 ACH Internal Revenue Service 39-1316254 -2,243.20Liability C... 09/30/2019 ACH Department of Employee Trust Funds 69-036-0120-000 -1,713.72Check 09/26/2019 ACH USPS Stamps.com postage purchase -100.00Paycheck 10/09/2019 ACH BOLWERK, CATHY S -725.71Paycheck 10/09/2019 ACH KOWALKE, HAROLD D -422.15Paycheck 10/09/2019 ACH SIERACKI, CYNTHIA R -1,294.94Paycheck 10/09/2019 ACH GROGAN, SHERRIE L -175.47Paycheck 10/09/2019 ACH ZOOK, ALEXA D -156.99Paycheck 10/09/2019 ACH BROWN, ANTHONY W -2,522.22Paycheck 10/09/2019 ACH ARCHER, ISAAC J -36.50Paycheck 10/09/2019 ACH BERG, DENNIS G -75.45Paycheck 10/09/2019 ACH CORNING, BRUCE D -70.37Paycheck 10/09/2019 ACH DILLENBERG, DANIEL P -347.09Paycheck 10/09/2019 ACH EFFERTZ, SAWYER B -116.34Paycheck 10/09/2019 ACH GRONES, MICHAEL K -379.06Paycheck 10/09/2019 ACH HERTER, BILL J -44.25Paycheck 10/09/2019 ACH HOOYMAN, JEFFREY J -105.77Paycheck 10/09/2019 ACH JAHR, DANIEL W -24.57Paycheck 10/09/2019 ACH JAHR, TIMOTHY A -9.70



Page 2

21


Paycheck 10/09/2019 ACH KOX, JEREMY J -25.06Paycheck 10/09/2019 ACH KRUEGER, SAMUEL A -63.80Paycheck 10/09/2019 ACH KUERSCHNER, GAVIN M -70.17Paycheck 10/09/2019 ACH MADER, MATTHEW J -45.55Paycheck 10/09/2019 ACH NEWHOUSE, JAMIE J -83.28Paycheck 10/09/2019 ACH SCHULTZ, ALEXANDER R -88.87Paycheck 10/09/2019 ACH THYSSEN, BRADEN J -59.30Paycheck 10/09/2019 ACH THYSSEN, NICHOLAS P -37.41Paycheck 10/09/2019 ACH VAN SCHYNDEL, LISA M -192.27Paycheck 10/09/2019 ACH VANDERMOSS, TAYLOR L -26.18Paycheck 10/09/2019 ACH WALSH, JOHN T -19.84Paycheck 10/09/2019 ACH WEDELL, JARED S -50.18Paycheck 10/09/2019 ACH MOHR, RAY A -758.06Paycheck 10/09/2019 ACH REGAL, BRIAN J -19.86Paycheck 10/09/2019 ACH SINGLETON, KEITH C -18.24General J... 09/10/2019 556 Auto pay on Credit Card -33,726.42Bill Pmt -... 09/09/2019 36768 Accurate Appraisal LLC -9,500.00Bill Pmt -... 09/09/2019 36769 Card Service Center Visa 1387,0538 -665.99Bill Pmt -... 09/09/2019 36770 Corcoran Glass and Paint, Inc. -1,887.00Bill Pmt -... 09/09/2019 36771 Corporate Network Solutions, Inc. VOID: 0.00Bill Pmt -... 09/09/2019 36772 Enterprise Electric, Inc. -14,172.00Bill Pmt -... 09/09/2019 36773 Great Lakes Roofing -6,000.00Bill Pmt -... 09/09/2019 36774 Outagamie County Highway Dept. -16,922.56Bill Pmt -... 09/09/2019 36775 Outagamie County Sheriff -30,774.00Bill Pmt -... 09/16/2019 36776 Darboy Corner Store -313.43Bill Pmt -... 09/16/2019 36777 Election Systems & Software, LLC -550.00Bill Pmt -... 09/16/2019 36778 Kaukauna Utilities -121.04Bill Pmt -... 09/16/2019 36779 Lowe's -20.76Bill Pmt -... 09/16/2019 36780 McMahon Associates, Inc. -230.36Bill Pmt -... 09/16/2019 36781 Staples Advantage -91.99Bill Pmt -... 09/16/2019 36782 Superior Chemical Corporation -39.06Bill Pmt -... 09/16/2019 36783 The Horton Group -3,242.00Bill Pmt -... 09/16/2019 36784 WE Energies -2,001.18Check 09/17/2019 36785 Emergency Services Marketing Corp.,... -810.00Bill Pmt -... 09/19/2019 36786 EAGLE PRINTING & GRAPHICS -663.87Check 09/23/2019 36787 Appleton Fire Department Mitch Lundgaard Memorial -521.95Check 09/23/2019 36788 Garners Creek Development LLC Refund -8,250.00Bill Pmt -... 09/23/2019 36789 Appleton City of -5,717.00Bill Pmt -... 09/23/2019 36790 Brush Boy Customs -525.00Bill Pmt -... 09/23/2019 36791 Cedar Corporation -39,909.63Bill Pmt -... 09/23/2019 36792 Eagle Graphics LLC -225.00Bill Pmt -... 09/23/2019 36793 Festival Foods Drill Expense -96.82Bill Pmt -... 09/23/2019 36794 McMahon Associates, Inc. -3,921.96Bill Pmt -... 09/23/2019 36795 News Publishing Company Inc. -114.66Bill Pmt -... 09/23/2019 36796 Paul Conway Shields, Inc -1,296.04Bill Pmt -... 09/23/2019 36797 Professional Service Industries, Inc. -1,750.00Bill Pmt -... 09/23/2019 36798 Wisconsin Dept. of Justice G3203 -35.00Check 09/24/2019 36799 First American Title N130 County Rd N Purchase -254,497.86Check 09/24/2019 36800 First American Title N124 County Rd N Purchase -269,799.65



Page 3

22


Check 09/19/2019 36801 WEDELL, JARED S -205.39Bill Pmt -... 09/23/2019 36802 TDS Metrocom -505.52Bill Pmt -... 09/30/2019 36803 C & R Pumpers, Inc. -189.00Bill Pmt -... 09/30/2019 36804 Cummins NPower, LLC -458.04Bill Pmt -... 09/30/2019 36805 District 2, Inc. -199.83Bill Pmt -... 09/30/2019 36806 Outagamie County Planning Dept. -15.00Bill Pmt -... 09/30/2019 36807 Outagamie County Solid Waste -6,906.86Bill Pmt -... 09/30/2019 36808 Town Counsel Law & Litigation, LLC -1,661.85Bill Pmt -... 09/30/2019 36809 UNUM Life Insurance Company of A... 932511-001 -270.66Bill Pmt -... 09/30/2019 36810 Eagle Graphics LLC -1,325.85Bill Pmt -... 09/30/2019 36811 Martin Security Systems, Inc. -113.70Check 09/30/2019 36812 THYSSEN, BRADEN J -174.08Check 09/30/2019 36813 VAN SCHYNDEL, LISA M Safety Day -30.50Check 09/30/2019 36814 Jamie Newhouse -240.30Check 09/30/2019 36815 KRUEGER, SAMUEL A -181.47Check 09/30/2019 36816 Fox Valley Herp Club Safety Day -50.00Check 09/30/2019 36817 Kobussen Buses Safety Day -183.03Bill Pmt -... 09/30/2019 36818 Corporate Network Solutions, Inc. -2,000.00Bill Pmt -... 09/30/2019 36819 Haen Meat Packing Inc. -581.61Bill Pmt -... 10/07/2019 36820 Fire-Rescue Supply, LLC -8,595.00Bill Pmt -... 10/07/2019 36821 General Communications, Inc -24.66Bill Pmt -... 10/07/2019 36822 McMahon Associates, Inc. -1,854.00Bill Pmt -... 10/07/2019 36823 WE Energies -641.32Check 10/07/2019 36824 Mach IV Engineering & Surveying, LLC Erosion Control Escrow Balance -5,632.70

Total 11010.0 · Investors Bank-Checking -169,944.54

11015.0 · Invest Bank-Contingency Svgs MMDeposit 09/27/2019 Interest 189.49

Total 11015.0 · Invest Bank-Contingency Svgs MM 189.49

11020.0 · Invest Bank-Park Impact Fees MMDeposit 09/27/2019 Interest 49.86

Total 11020.0 · Invest Bank-Park Impact Fees MM 49.86

11045.0 · Inv Bank-Fire Dept FundraisingDeposit 09/11/2019 Deposit 1,660.00Deposit 09/17/2019 Deposit 1,260.00Deposit 09/30/2019 Interest 18.00Deposit 10/08/2019 Deposit 2,100.00

Total 11045.0 · Inv Bank-Fire Dept Fundraising 5,038.00

11050.0 · Investors Bank-Road ImprovementDeposit 09/30/2019 Interest 1.58

Total 11050.0 · Investors Bank-Road Improvement 1.58

11500.0 · Ehlers Investment



Page 4

23


General J... 09/30/2019 558 1,138.56

Total 11500.0 · Ehlers Investment 1,138.56

TOTAL -163,527.05



Page 5

24

25

26

27

Operator’s License Applications for Approval/Denial Page 1 of 1

TOWN BOARD MEETING: October 22, 2019 AGENDA ITEM #: 7fACTION TYPE: Administrative Action (For Approval/Denial)


AGENDA MEMORANDUM

To: Honorable Town Chairperson and Town SupervisorsFrom: Cynthia Sieracki, Clerk/TreasurerDate: October 22, 2019RE: Operator’s License Applications for Approval/Denial

RECOMMENDED ACTION: This is an administrative action1 item for Town Board Approval/Denial.

SUMMARY: The attached list of bartender operator’s license and agent applications were submitted for Town Board consideration.

POLICY/PLAN REFERENCE(S):1. §125.17 Wis. Stats.2. Town of Buchanan Municipal Code: Chapter §339-24G – Operators.3. Alcohol License (Operators) Applications Policy, adopted January 2009.

FISCAL IMPACT: NONE

CRS

###

Attachments:1. Renewal and/or New Applicants for Operator’s Licenses for October 2019

1 Administrative actions involve the routine application of adopted rules, policies and standards. Examples include the approval of bills, the awarding of contracts/agreements and the issuance of permits and licenses for permitted uses. Discretion associated with these types of decisions is very limited and is based solely on state statutes, local ordinances and/or policy.

28

NAME & ADDRESS OF APPLICANT

BUSINESS NAME

VIOLATIONS PERTAINING TO

LICENSE APPLICATION

NEW OR RENEWAL

Enrique A. Santa Cruz, 3010 Union St, Appleton WI 54911 Buchanan MotoMart None New

Mysee Lee, 200 S Mayflower Dr, Appleton WI 54914 Ban Vinai None New

Lauren M. Bond, 109 Porlier St, Kaukauna WI 54130 Road Trip Food & Spirits None New

Michele S. Lemm, N308 Eastowne Ct, Appleton WI 54915 Buchanan MotoMart None New

October 2019 - Applicants for Bartender Operators License

29

Town Street Signage Page 1 or 2

TOWN MEETING: October 22, 2019 AGENDA ITEM #: 8aACTION TYPE: Legislative (For Introduction Only)


AGENDA MEMORANDUM

To: Honorable Town Chairperson and Town SupervisorsFrom: Tony Brown, AdministratorDate: October 22, 2019RE: Ordinance 2019-04 Establishment of a Transportation Utility Fee in the Town of

Buchanan, Outagamie County, WI Municipal Code

SUMMARY: At the September Town Board meeting the Board decided to move forward with the implementation of a Transportation Utility Fee. As a next step, Staff has drafted an ordinance to establish a Transportation Utility Fee. Contained within the chapter are 10 sections, which are as follows:

1. Findings, Authority and Applicability2. Transportation Utility3. Transportation Utility Fee Established4. Definitions5. Establishment of Transportation Utility Fund6. Use of Funds to Maintain Local Streets –

Exclusions

7. Billing and collection for Transportation Utility Fee

8. Appeals9. Exemptions10. Severability

Provided below are highlights of the ordinance: Town Administrator is responsible for overseeing the management of the Transportation Utility. Town Treasurer is responsible for fee billing and placing all collected fees into the transportation

utility fund. A transportation utility fund would be created, which would serve as an established enterprise

fund. On an annual basis, the Town Board, by resolution, determines the annual amount to be funded

via a Transportation Utility Fee, the formula for calculation of the fee and the specific use category classifications.

Every developed property is responsible for paying Transportation Utility Fee. The following activities may be funded by the transportation utility fee, but are not meant to be

all inclusive: costs of administering the transportation utility fee, patching, sealing, and reconstructing public streets, installing, maintaining and repairing bicycle and pedestrians facilities, landscape enhancements along the right-of-way, tree replacement, street sweeping, installing and replacing signs, striping, installing and repairing safety and operational equipment, installing, maintaining and repairing stormwater facilities whether within public streets or off of 30

Town Street Signage Page 2 or 2

the street right-of-way on other publicly-owned land or easements, miscellaneous repairs, and related operations of the public works department on Town streets and intersections with Town streets.

An appeals process is established for responsible parties who would like to dispute the developed property improvements and area, trip generation rates, category of use and other factors material to the calculation of the transportation utility fee.

POLICY/PLAN REFERENCE(S):

FISCAL IMPACT:Is there a fiscal impact? NoIs it currently budgeted or planned? NoAmount: N/A

RECOMMENDED ACTION: For Introduction Only.

AWB###

Attachments:1. Ordinance 2019-04 Establishment of a Transportation Utility Fee in the Town of Buchanan,

Outagamie County, WI Municipal Code, October 22, 2019

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Ordinance 2019-04 1

TOWN OF BUCHANAN ORDINANCE 2019-04

ESTABLISHMENT OF A TRANSPORTATION UTILITY FEE IN THE TOWN OF BUCHANAN, OUTAGAMIE COUNTY, WI MUNICIPAL

CODE

The Town Board of the Town of Buchanan Outagamie County, Wisconsin do ordain as follows:

Chapter 11. Transportation Utility of the Code of the Town of Buchanan is hereby created to read as follows:

Chapter 11. Transportation Utility

11.1 Findings, Authority and Applicability.The Town of Buchanan Town Board finds that the timely maintenance and reconstruction of the Town’s transportation system to ensure safe and efficient travel throughout the Town is a fundamental Town responsibility. A structurally sound and well-maintained transportation system enhances livability, property values and economic vitality of the entire Town. Further, the Town Board finds that a community wide transportation utility fee applicable to all developed properties on a community wide basis, paid annually to a specially designated account for transportation system maintenance and improvement is an equitable and less burdensome approach to financing transportation system maintenance and improvements in the Town.

In order to protect the health, safety and welfare of the public, the Town Board is exercising its authority to establish a Transportation Utility and implement a transportation utility fee. The Town is acting under the authority of Chapters ___________ of the Wisconsin Statutes. The transportation utility fee imposed by the Town of Buchanan is classified as not subject to the local levy limits of Section 66.0602 of Wisconsin Statutes.

The provisions of this Chapter shall apply to all developed property located within the Town of Buchanan, including without limitation all property owned by local, state, and federal governments, non-profit organizations and all other property whether subject to real property taxes or exempt therefrom.

11.2 Transportation Utility.The Town of Buchanan is hereby establishing a Transportation Utility. The operation of the Transportation Utility shall be under the day to day management and supervision of the Town Administrator.

The Town, acting through the Transportation Utility, may without limitation due to enumeration, acquire, construct, lease, own, operate, maintain, extend, expand, replace, repair, manage and finance such transportation facilities and related facilities, operations and activities, as are deemed by the Town to be proper and reasonably necessary to provide safe and efficient transportation facilities within the Town. The following activities may be funded by the transportation utility fee, but are not meant to be all inclusive: costs of administering the transportation utility fee, patching,

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Ordinance 2019-04 2

sealing, and reconstructing public streets, installing, maintaining and repairing bicycle and pedestrians facilities, landscape enhancements along the right-of-way, tree replacement, street sweeping, installing and replacing signs, striping, installing and repairing safety and operational equipment, installing, maintaining and repairing stormwater facilities whether within public streets or off of the street right-of-way on other publicly-owned land or easements, miscellaneous repairs, and related operations of the public works department on Town streets and intersections with Town streets.

11.3 Transportation Utility Fee EstablishedA. Every developed property within the Town of Buchanan shall pay a Transportation Utility

Fee. B. The Town Board shall by resolution determine the annual amount to be funded by a

Transportation Utility Fee, formulas for the calculation of the fee and specific use categoryclassifications. Changes in formulas and classifications may be made by further resolution of the Town Board. All fees established pursuant to this Section shall be fair and reasonable. A schedule of current fees shall be maintained and on file in the office of the Town Clerk.

C. Special Assessment. Separate and in addition to any fees charged under this Article, a special assessment may be imposed on property that is specially benefited by a particular transportation project or facility. This charge will be developed to reflect the benefits in a particular area that may not be appropriate to allocate to property throughout the Town and shall follow the special assessment processes defined within Chapter 10 and the relevant provisions of the Wisconsin State Statutes.

11.4 Definitions.Commercial – A nonpublic use, nonresidential land use including, but not limited to, industrial, office, retail, for-profit education, for-profit medical facilities, or professional services establishments.

Developed Property or Improved Premises – Structures, landscaping, paved areas, and any area which has been altered such that runoff from the site is greater than that which could have historically been expected.

Gross Square Footage – The calculation of the area of all structures and stories of structures located on a parcel or lot, measured along the exterior walls of the structures. This includes enclosed courtyards and stairwells, but does not include fences and parking areas that are not enclosed within a structure.

ITE Manual – The Institute of Transportation Engineers Trip Generation Manual, latest edition.

Multifamily Unit – A non-detached dwelling unit arranged, designed for, and occupied by more than one (1) family living independently of each other in separate units, including, but not limited to, apartments.

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Ordinance 2019-04 3

Non-Residential Property – The term “non-residential property” means any developed propertynot exclusively residential as defined herein, including, but not limited to, transient rentals (such as hotels and motels), commercial, industrial, institutional, government property and parking lots.

Public use – A land use for a tax-exempt property, including, but not limited to, government property, school district property, education or religious property, or tax-exempt medical facilities.

Residential Property – The term “residential property” means any developed property exclusively for residential purposes including, but not limited to, single family homes, manufactured homes, multi-family apartment buildings and condominiums.

Responsible Party – The person or persons who by occupancy or by contractual arrangement are responsible to pay for utility and other services provided to a developed property or developed use. The person(s) paying the municipal services statement for the developed property or developed use shall be deemed the responsible party. For any developed property or developed use not otherwise required to pay a municipal services statement, “responsible party” shall mean the property owner.

Single-family Unit – A one-family detached, semi-detached (twin home), or attached (town home) (side by side under separate ownership) dwelling unit arranged, designed for, and occupied by not more than one (1) family, and which has a kitchen and a bathroom.

Street – Any street, avenue, boulevard, road, lane, parkway, viaduct, alley, or other way for the movement of vehicular traffic, or a street or way shown upon a plat, heretofore approved, pursuant to law or approved by official action; and includes the land between street lines, whether improved or unimproved, and may comprise pavement shoulders, gutter, parking areas, and other areas within the right-of-way. For the purposes of this section, sidewalks are not considered as part of streets.

Trip Generation – The average number of daily vehicle trips as determined by reference to the most recently published edition of the manual, Trip Generation, published by the Institute of Transportation Engineers (ITE; ITE manual).

Unit Rate - The dollar amount charged per adjusted average daily trip.

Use Category – The code number and resulting trip generation estimate determined with reference to the ITE manual, and applicable to a developed property.

11.5 Establishment of Transportation Utility Fund.A. All funds collected by the Town from a transportation utility fee shall be deposited into a

transportation utility fund (“fund”), which is hereby created as an established enterprise fund in the Town budget. Such revenues shall be used exclusively for the transportation system purposes described wherein. Any excess of revenues over expenditures in a year will be retained by the fund for subsequent years’ needs.

B. To the extent that the fees collected are insufficient to properly fund the transportation system purposes described wherein, the cost of the same may be paid from such other Town funds as may be determined by the Town Board. The Town Board may order

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Ordinance 2019-04 4

reimbursement to such fund as additional fees are thereafter collected. Funds shall not be imposed in amounts greater than that which is necessary, in the judgment of the Town Board, to provide sufficient funds to properly operate, maintain and improve the Town transportation system and related facilities.

C. It shall not be required that the operations, maintenance and improvement expenditures from the fund specifically relate to any particular property from which the fees were collected.

D. All amounts in the fund may be invested in accordance with the Town Investment Policy. Earnings from such investments will be credited to the fund.

11.6 Use of Funds to Maintain Local Streets – Exclusions.The Town may use the Funds within the fund to repair, replace, construct, reconstruct and/or maintain all accepted local streets within Town rights-of-way and Town easements. The Town may improve other accepted local streets, bicycle and pedestrian facilities, and roads and intersections with county roads or state highways within or adjacent to the Town. Local streets to be improved exclude private streets and streets or any other facilities not yet accepted by the Town for maintenance.

The cost of initial construction of local streets within Town right-of-way to serve new developments or subdivisions constructed after the effective date of this article or subject to a developer's agreement shall not be funded by the Transportation Utility Fee.

11.7 Billing and collection for Transportation Utility Fee.A. The transportation utility fee shall be billed and collected with and as part of the annual

property tax bill. The responsible party for payment of the fee shall be the same person(s) responsible for payment of parcel property tax bill. All such bills shall be rendered annuallyby the Town and shall become due and payable in accordance with the rules and regulations pertaining to the collection of property tax bills.

B. The Town Treasurer’s Office shall be responsible for the fee billing and placing all such fees collected into the fund to be deposited and separately kept to be used exclusively for the transportation system purposes provided herein.

C. The transportation utility fee for new developments shall commence upon completion, occupancy, or use of the improvements, whichever comes first. The Town may prorate the fee based on the commencement date.

11.8 Appeals.A. The Town of Buchanan elects not to be subject to the administrative review provisions

contained within Chapter 68 of the Wisconsin Statutes, and establishes the following as a complete and final review procedure.

As a condition precedent to challenging the Transportation Utility Fee, the charge, if due, must be timely paid in full under protest to the Town. An appeal can be undertaken only by filing a written appeal with the Town Clerk. The written appeal shall specify all grounds for challenge to the amount of the charge and shall state the amount of charge that the

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Ordinance 2019-04 5

appellant considers to be appropriate. Failure to timely and properly appeal shall deprive the Town Administrator and/or Town Board of jurisdiction to hear the appeal.

B. Procedure for Appeal.Any responsible party may dispute the amount of the fee, or dispute any determination made by or on behalf of the Town pursuant to and by the authority of this Chapter. Such petitions shall be requested in writing and filed with the Town Clerk within thirty (30) days of the date of the property tax bill containing the disputed transportation utility fee. The appeal must specify the basis for the appeal and include a traffic study prepared by a traffic engineer registered in the state of Wisconsin, and shall be limited to the facts relating to the developed property improvements and area, trip generation rates, category of use and other factors material to the calculation of the transportation utility fee. Failure to timely and properly appeal shall deprive the Town Board and Circuit Court in Certiorari of jurisdiction to hear the appeal.

1. Town Administrator / Classification of Property or Calculation of Fee.The Town Administrator shall make determinations regarding adjustments and shall hear and decide appeals where it is alleged that there is error in any order, decision or determination made pertaining to the classification of the property or calculation of the Transportation Utility Fee. Reclassifications and appeals on the basis of alleged errors in the determination of the fee as applied to a specific parcel should be filed with atraffic study that, at a minimum, for non-residential properties’ should be conducted on a week day and weekend day during the hours of operation. If the trip generation rate is within five percent more or less, no adjustment in the transportation utility fee shall be made because this is within the expected margins for day-to-day variations. A downward adjustment in the transportation utility fee shall be made by the Town Administrator if the traffic count results in a trip generation rate less than ninety-five percent of the assigned trip generation rate; however, no adjustment will be made below the minimum paid by a single-family residence. An upward adjustment in the transportation utility fee shall be made by the Town Administrator if the traffic count results in a trip generation rate more than one hundred five percent of the assigned trip generation rate. Any adjustment shall take effect in the year following completion of the traffic count and be reported in writing to the Town Administrator and Town Board by the Town Administrator. Once a determination has been made on a reclassificationand/or fee no additional request may be filed for the same parcel unless there has been a significant change from the prior determination. The decision of the Town Administrator is final except if the property owner appeals the decision to the Town Board by filing a written appeal with the Town Clerk no later than thirty (30) calendar days after the date of mailing the decision of the Town Administrator.

2. Town Board.The Town Board shall hear and decide appeals made on any basis other than an alleged error in the determination of the classification of the property or calculation of the

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Ordinance 2019-04 6

Transportation Utility Fee and shall hear appeals from determinations made by the Town Administrator under paragraph (1) above.

3. An appeal may be taken within 30 days of any of the following events:a. The establishment of the Transportation Fee by Resolution of the Town Board

each year; andb. The determination of the Town Administrator as provided in Section (B)(1)

above; and c. Splitting, combining, or other substantial change in the size, zoning, or use of a

parcel.

In considering an appeal, the Town Board shall determine whether the Transportation Utility charge is fair and reasonable and, in the event the appeal is granted, whether or not a refund is due the appellant and the amount of the refund. The Board shall conduct a formal or informal hearing at such time and place as designated in a hearing notice to the appellant, providing at least five (5) business days’ notice to the appellant. The Board shall obtain sufficient facts upon which to make a determination and the decision shall be based upon the evidence presented. The Board shall notify the appellant in writing of the determination by first class mail addressed to the individual and at the address listed within the appeal. Service is conclusive upon mailing.

The decision of the Town Board is final except if the property owner appeals the decision to a court of competent jurisdiction. Such appeal shall be filed no later than thirty (30) calendar days after the date of mailing the decision of the Board. Such appeal shall be by writ of certiorari and the reviewing court shall be limited solely to the record created before the Board. Costs, but not attorney fees, shall be awarded to the prevailing party, at the sole discretion of the court.

11.9 Exemptions.The Town Board may, be resolution, exempt, any class of user when they determine that the public interest deems it necessary and that the contribution to street use by said class is insignificant. Exceptions may be determined annually through Board action by resolution.

11.10 Severability.In the event any section, subsection, clause, phrase or portion of this ordinance is for any reason held illegal, invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remainder of this ordinance. It is the legislative intent of the Common Council that this ordinance would have been adopted if such illegal provision had not been included or any illegal application had not been made.

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Ordinance 2019-04 7

Adopted this _________ day of ___________________, 20___

TOWN OF BUCHANAN

Mark McAndrews, Town Chairperson

ATTEST:

Cynthia Sieracki, Town Clerk

Posted: __________________________, 20____

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Report on Law Enforcement Activities Page 1 of 1

TOWN BOARD MEETING: October 22, 2019 AGENDA ITEM #: 10aACTION TYPE: Routine Report (For Discussion Only)


AGENDA MEMORANDUM

To: Honorable Town Chairperson and Town SupervisorsFrom: Tony Brown, Town AdministratorDate: October 22, 2019RE: Routine Report on Town Law Enforcement Activities

RECOMMENDED ACTION: This item is for discussion only.

SUMMARY: Representatives from the Outagamie County Sheriff’s Department will present the Town’slaw enforcement report.

POLICY/PLAN REFERENCE(S): Agreement for Enhanced County Law Enforcement Services in the Town of Buchanan and Village

of Combined Locks, adopted December 2017.

FISCAL IMPACT: NONE

AWB

###

ATTACHMENTS: None

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Monthly Fire & Rescue Report Page 1 of 1

TOWN BOARD MEETING: October 22, 2019 AGENDA ITEM #: 10bACTION TYPE: Routine Report (For Discussion Only)


AGENDA MEMORANDUM

To: Honorable Town Chairperson and Town SupervisorsFrom: Ray Mohr, Fire & Rescue ChiefDate: October 22, 2019RE: Report on Fire, EMS & Emergency Management Activities


SUMMARY: Any questions should be directed to Chief Mohr.

###

ATTACHMENTS: September Monthly Report

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Town Engineer’s Report Page 1 of 1

TOWN MEETING: October 22, 2019 AGENDA ITEM #: 10cACTION TYPE: Routine Report (For Discussion & Possible Action)


AGENDA MEMORANDUM

To: Honorable Town Chairperson and Town SupervisorsFrom: Tony Brown, Town AdministratorDate: October 22, 2019RE: Engineer’s Report

RECOMMENDED ACTION: This item is for discussion and possible action.

SUMMARY: Town Engineer representative, Thad Majkowski (Cedar Corp) will report on the following:

I. LOA – 2020 Road Construction – For Approval/Denial.II. A17, A18 & B18 Warranty Review Update.

III. 2019 Drainage Roadway Preliminary Engineering Study Update.

POLICY/PLAN REFERENCE(S):1. 2018 Agreement for Professional Services Cedar Corp. & Town of Buchanan2. 2019 Town of Buchanan Fiscal Year Budget & Five Year Capital Improvement Plan

AWB###

Attachments:1. Authorization to Perform Engineering/Consulting Services – 2020 Road Construction

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Report on Clerk-Treasurer Activities Page 1 of 2

TOWN BOARD MEETING: October 22, 2019 AGENDA ITEM #: 10dACTION TYPE: Routine Report (For Discussion Only)


AGENDA MEMORANDUM

To: Honorable Town Chairperson and Town SupervisorsFrom: Cynthia Sieracki, Clerk TreasurerDate: October 22, 2019RE: Routine Report on Clerk - Treasurer Activities


SUMMARY: Clerk-Treasurer Cynthia Sieracki will provide a routine report of activities from the Clerk-Treasurer’s office. Included in the report will be the following items:

1. 2020 Meeting and Event Calendar:Staff is looking for Board approval or any changes needed to the attached 2020 Meeting & Event Calendar.

The Plan Commission meetings will all fall on the second Monday of every month. The only conflict will be in August. The Partisan Primary will be on August 11 and Staff needs to set the room up the day before the election. Staff is looking to move this meeting.

The Utility Commission has several conflicts that Staff would like direction on for rescheduling.Staff is asking that January 2, 2020 and July 2, 2020 both get moved to the following week. The meeting scheduled for November 5, 2020 conflicts with the Budget Hearing and Special Town Meeting. Staff would like to move that meeting to the week prior.

The Town Board meetings are normally scheduled for the third Tuesday of each month. On occasion the Plan Commission and Town Board would meet in the same week. When this happens Staff doesn’t have time to include any items from the Plan Commission for the Town Board to review prior to the meeting. Staff would like to adjust the schedule to move those meetings to the fourth Tuesday. This would include the meeting in September and December. The February meeting will be moved because of the Spring Primary and the April meeting will be moved because of the Annual Town meeting, both to the fourth Tuesday as well.

POLICY/PLAN REFERENCE(S): NONE

FISCAL IMPACT: NONE

CRS

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Report on Clerk-Treasurer Activities Page 2 or 2

ATTACHMENTS: 1. 2020 Meeting & Event Calendar

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Town of Buchanan Meeting and Event Calendar

Holiday Closures Elections & Special Events

Date Description Date DescriptionSu M Tu W Th F Sa Su M Tu W Th F Sa Su M Tu W Th F Sa 01/01/20 New Year's - Offices Closed 02/18/20 Spring Primary Election

1 2 3 4 1 1 2 3 4 5 6 7 04/10/20 Good Friday - Offices Closed 04/07/20 Spring General Election

5 6 7 8 9 10 11 2 3 4 5 6 7 8 8 9 10 11 12 13 14 05/25/20 Memorial Day - Offices Closed 08/11/20 Partisan Primary

12 13 14 15 16 17 18 9 10 11 12 13 14 15 15 16 17 18 19 20 21 07/03/20 Independence Day - Closed 11/03/20 General Election

19 20 21 22 23 24 25 16 17 18 19 20 21 22 22 23 24 25 26 27 28 09/07/20 Labor Day - Offices Closed

26 27 28 29 30 31 23 24 25 26 27 28 29 29 30 31 11/26/20 Thanksgiving - Offices Closed

[42] 11/27/20 Thanksgiving - Offices Closed

12/24/20 Christmas - Offices Closed

12/25/20 Christmas - Offices Closed

Su M Tu W Th F Sa Su M Tu W Th F Sa Su M Tu W Th F Sa

1 2 3 4 1 2 1 2 3 4 5 6 Plan Commission Town Board & Town Meetings5 6 7 8 9 10 11 3 4 5 6 7 8 9 7 8 9 10 11 12 13 Date Description Date Description12 13 14 15 16 17 18 10 11 12 13 14 15 16 14 15 16 17 18 19 20 01/13/20 Plan Commission 01/21/20 Town Board

19 20 21 22 23 24 25 17 18 19 20 21 22 23 21 22 23 24 25 26 27 02/10/20 Plan Commission 02/25/20 *Town Board

26 27 28 29 30 24 25 26 27 28 29 30 28 29 30 03/09/20 Plan Commission 03/17/20 Town Board

31 [42] 04/13/20 Plan Commission 04/21/20 Annual Town Meeting

05/11/20 Plan Commission 04/28/20 *Town Board

06/08/20 Plan Commission 05/19/20 Town Board

Su M Tu W Th F Sa Su M Tu W Th F Sa Su M Tu W Th F Sa 07/13/20 Plan Commission 06/16/20 Town Board

1 2 3 4 1 1 2 3 4 5 08/10/20 *Plan Commission 07/21/20 Town Board

5 6 7 8 9 10 11 2 3 4 5 6 7 8 6 7 8 9 10 11 12 09/14/20 Plan Commission 08/18/20 Town Board

12 13 14 15 16 17 18 9 10 11 12 13 14 15 13 14 15 16 17 18 19 10/12/20 Plan Commission 09/22/20 *Town Board

19 20 21 22 23 24 25 16 17 18 19 20 21 22 20 21 22 23 24 25 26 11/09/20 Plan Commission 10/20/20 Town Board

26 27 28 29 30 31 23 24 25 26 27 28 29 27 28 29 30 12/14/20 Plan Commission 11/05/20 Budget Hearing & Sp Town Mtg

30 31 [42] 11/17/20 Town Board

12/22/20 *Town Board

Utility CommissionSu M Tu W Th F Sa Su M Tu W Th F Sa Su M Tu W Th F Sa Date Description

1 2 3 1 2 3 4 5 6 7 1 2 3 4 5 01/02/20 *Utility Commision 07/02/20 *Utility Commission

4 5 6 7 8 9 10 8 9 10 11 12 13 14 6 7 8 9 10 11 12 02/06/20 Utility Commission 08/06/20 Utility Commission



25 26 27 28 29 30 31 29 30 27 28 29 30 31 05/07/20 Utility Commission 11/05/20 *Utility Commission

[42] 06/04/20 Utility Commission 12/03/20 Utility Commission

August '20 September '20

2020January '20 February '20 March '20

October '20 November '20 December '20

April '20 May '20 June '20

July '20

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Monthly Town Administrator’s Report Page 1 of 3

TOWN BOARD MEETING: October 22, 2019 AGENDA ITEM #: 10eACTION TYPE: Routine Report (For Discussion Only)


AGENDA MEMORANDUM

To: Honorable Town Chairperson and Town SupervisorsFrom: Tony Brown, Town AdministratorDate: October 22, 2019RE: Report on Town Administrator Activities


SUMMARY: A report related to the activities of the Town Administrator’s office will be provided to the Town Board.

The report will include the following items:

1. Major Project Update – See attachment.

2. Contract B17 – Stored Materials – The stored building materials for the garage were posted on the Town website for sealed bids to be accepted until Monday, October 7th. Within the description a bid minimum was stated, which was the Town’s cost. In all, one bid was received and it was roughly 13% of the minimum. At this point Staff is going to post the items on Wisconsin Surplus.

3. Update on Purchase of Real Property at N124 County Road N & N130 County Road N – The Town closed on the properties on Friday, September 20th. At this point, the existing occupants have untilearly November to vacate the premises. In the meantime, Staff will work with the property owner to gain access to the on-site garage to start transferring equipment.

Within the 2020 Budget, there is $10,000 allocated for planning work, which could include assembling a site plan based on the intended uses. This may result in the need to get some survey work complete to submit a modified certified survey map. Also worth point out are two things related to the parcels being on CTH N:

The roadway is being reconstructed in 2024 or 2025 and the typical section calls for the installation of curb and gutter, along with a multi-use trail, on the west side of CTH N.

If the driveway is modified for either parcel the Town needs to obtain approval from Outagamie County since CTH N is an access controlled highway. This may present some challenges due to the County’s access control ordinance.

4. Update on Lamar Central Outdoor, LLC Litigation – On Thursday, October 17, 2019 the Supreme Court of Wisconsin denied Lamar Central Outdoor’s petition for review. At this juncture Lamar has exhausted all forums for their case to be heard.

5. Darboy Sanitary District – Minutes attached. 52


6. Legislative Update – The legislature is considering a number of municipal related bills, here is a list:

SB 71, Providing state aid payments to counties and municipalities for certain special election costs.

SB 203, Authorizing municipalities to allow clerks or other officials/staff to issue operator's (bartender’s) licenses.

AB 469, Creates a $100 nonrefundable income tax credit for volunteer fire fighters, emergency medical responders, and emergency medical services practitioners.

AB 472, Expands the levy limit exemption for joint fire departments to also apply to the amount that a municipality levies to pay for charges assessed by a joint emergency medical services district, subject to the same conditions and limitations as currently apply to a joint fire department.

AB 490, Repeals requirement in levy limit law that a political subdivision transferring responsibility to provide a governmental service to another governmental unit must reduce its allowable levy by the amount saved by the transfer.

Multimodal Local Supplement (MLS) grant programThe new $75 million local government transportation grant program was created as part of the 2019-2021 state budget. This one-time funding initiative is available to local and tribal governments. The MLS grant program sets aside $18.4 million for cities and villages, $26 million for counties, and $28.9 million for towns. This program is in addition to the General Transportation Aids program, and the Local Roads Improvement Program (LRIP).

According to DOT, the project selection process for the MLS program will include local government committees. The selection will be competitive and involve stakeholder input and review. Projects will rate higher if they demonstrate economic impact, provide greater connectivity or are shown to have greater cost-effectiveness than other options.

7. Training/ Conference Opportunities – League of Wisconsin Municipalities: Annual Conference with Engineering and Public

Works Track, KI Center, Green Bay, October 23-25 Creating, Expanding, Adjusting and Managing Business Improvement Districts (BIDs),

October 22, 2019, Noon – 1:00 PM. WebinarChuck Law from the Local Government Center will be talking about Creating, Expanding, Adjusting and Managing BIDs. Whether you are thinking of getting a district started or tweaking your existing assessments or boundaries, this webinar will provide valuable information and opportunities to ask questions from a statewide expert. Login information will be sent to all registrants one week prior to the event.

POLICY/PLAN REFERENCE(S):1. Town of Buchanan Municipal Code: Chapter §102-9 B(4) – Office of the Town Administrator –

Responsibilities to the Town Board.

FISCAL IMPACT: NONE###

AWB 53


Attachments: 1. Major Projects Report2. Order Denying Petition for Review, Supreme Court of Wisconsin, October 17, 20193. Darboy Sanitary District – Meeting Minutes, September 24, 2019

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Town of Buchanan2019 Major Project SummaryProject Open or Closed Status Estimated Budget Cost to Date Completion Date Goal Completion Date

General Government

Organizational Study ClosedProject closed. Staff will determine plan of action for

Board consideration.$15,000 $11,850 Jul-19 Sep-19

Town Board Electronic Devices/Agenda Management

SolutionOpen Board using laptop and iLegislate at October meeting. $6,925 Sep-19

Town Hall Remodel & Maintenance Garage

ReconstructionClosed Project closed. May-19 Aug-19

Boards and Commission Appointments Open Dec-19

Planning & Economic Development

Comprehensive Plan CompleteSchedule for Official Map presented at September Board

meeting.N/A

Parks & Recreation

Town Hall Park Playground Equipment Open Playground equipment ordered. $50,000 Oct-19

Hickory Park Trail Open Funds to be carried over to 2020. $4,000 Oct-19

Springfield Park Tree Planting & Trails Open Funds to be carried over to 2020. $15,000 Oct-19

Public Safety

Fire Study Open Harrison and Combined Locks approved partnering for

study.$25,000 Jun-20

Jaws of Life/Hose Replacement Open Jaws in use. Hose ordered. $25,513 Dec-19

EOC Training Open Continuous preparedness efforts. N/A N/A

Public Works

2018 Paving Projects Closed Eisenhower Drive project complete $544,833 Oct-19 Jul-19

Maintenance Truck ClosedOlder Maintenance Truck sold. Overall, net purchase price

of new truck was $52,000.$65,000 $52,000 Mar-19 Feb-19

CTH N Design Review OpenTown Board approved IG Agreement at September Board

meeting. Project moving forward.N/A $700,000 Mar-19

Red Hawk Heights Stormwater Management OpenSubdivision completed vegatative inspection. Does not

include report to control or eradicate invasive species.N/A $4,000 Jun-19

Outagamie Road Closed

Holland has no interest in pursuing an agreement for the

operations, maintenance and reconstruction of

Outagamie Road.

Dec-19

2018 Patching & Sealing Projects (Alison Drive, Caitlin

Way, Andrew Drive, Jacob Court, Jillian Court, Clancy

Lamers Road, Gerrits Drive, Eimmerman Drive)

Closed Work Complete. $61,000 $27,000 Oct-19 Aug-19

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Case 2018CV000490 Document 40 Scanned 10-17-2019 Page 1 of 1

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Annexation (N684 Marcella LLC)) Page 1 or 1

TOWN MEETING: October 22, 2019 AGENDA ITEM #: 12aACTION TYPE: Legislative (For Discussion Only)


AGENDA MEMORANDUM

To: Honorable Town Chairperson and Town SupervisorsFrom: Tony Brown, AdministratorDate: October 22, 2019RE: Review Annexation Request for Parcel # 030 042200 & 030 042600

SUMMARY: N684 Marcella LLC has submitted an annexation petition to the Village of Kimberly to transfer property from the Town of Buchanan to the Village of Kimberly. The two parcels of land within the request are a total of 6.7 acres. This is a "direct annexation" proceeding — one of two methods of annexation set forth in § 66.021(2), Wis. Stats., as follows:

[T]erritory contiguous to any city may be annexed thereto in the following ways:a) Direct annexation. A petition for direct annexation may be filed with the city or village clerk if it

has been signed by [a specified number of electors who are the owners of either one-half of the territory to be annexed or property comprising one-half of the assessed value of the territory to be annexed]. . . .

b) Annexation by referendum. A petition for a referendum on the question of annexation may be filed with the city or village clerk signed by a [specified percentage] of qualified electors residing in the territory. . . .

The Town Board has no statutory role in the annexation process in a direct annexation.

POLICY/PLAN REFERENCE(S):Wisconsin Statues § 66.021(2)

FISCAL IMPACT:Is there a fiscal impact? NoIs it currently budgeted or planned? NoAmount: N/A

RECOMMENDED ACTION: For informational purposes only.

AWB###

Attachments:1. Petition for Annexation

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Documents

10.03.19 Town Board MINUTES.docx 7.eApproval of …...7.f Operator's Licenses with No Applicable Violations per Town Policy. M-TB Operator's License for October 2019.docx October Operators.xlsx