The regular meeting of the Town Board was held on Thursday, February 22, 2001 in the Erich Gnant Room of the Town Hall, 645 N Janacek Road, Brookfield, WI.

Chairman Keith Henderson called the meeting to order at 7:00 p.m. with the following people present: Supervisors: Keith Harenda, Carol Johnson, Jeffrey Timm and Leo Talsky, Attorney Dan Habeck, Administrator Richard Schultz, Building Inspector Gary Lake and the Town Clerk to record the minutes.

MEETING NOTICE VERIFICATION
The Clerk reported that notice of this meeting was faxed to the newspapers and posted at the Town Hall on February 19, 2001. The notice was also posted on February 1 2001 by the Police Department on the bulletin boards located at Woelfel Road & Wisconsin Avenue, Davidson Road, Weyer Road and Marx Park and on February 2, 2001 at Mayrose Boulevard. The addendum was faxed to the newspapers and posted on the above mentioned bulletin boards on February 19, 2001.

MINUTES None.

PUBLIC COMMENT None.

UPDATE ON TOWN BUILDING PROJECT
Larry Cook explained that since December 12, 2000 when they were given the directive to do the redesign of the building project they have had four design meetings with the team. The last time they met on February 13, 2001 they have a floor plan, site plan layout and have verified that they will fit in with the departments. The plan generally has the existing Town Hall building expanding to the west, for a two story police department, bumping out the fire department a little on the south and the highway department a one story separate building directly across to the north. Voss Jorgenson is now able to price this out and they will meet with Zimmerman and himself next week to review the schedule and see if everything is within budget. If everything is on budget the schedule for presentation is, Architectural Control on March 9, 2001, Plan Commission on March 13, 2001 and Town Board on March 20, 2001. August 2001 is targeted for starting construction with the Town Hall expansion taking six to eight months and the highway department building starting probably be in 2002.

The biggest issue is the schedule is being extended so, it has to be determined what the general contractor is paid a month because that will also need to be extended. Originally while the building was being renovated or constructed the departments were going to locate to temporary trailers or facilities. Since that is no longer feasible it means the schedule will be longer but they will buy all the packages at once so you get the price of economy.

Administrator Schultz said the when buying materials and such if the Town tax exempt status is to be used a procedure needs to be worked out and it has to be determined where all the material will be stored.

Mr. Cook said that typically there is a one- percent savings on a tax recovery program and Voss is very versed in doing that. They would not be buying everything out in bulk at once but would be buying the contract but if they become aware of a price increase on the block or brick or other materials they would have to look at that. Most of the materials would not be an issue.

Supervisor Timm said that if the need arises for storing some of the additional materials the area to the west would not be used for a year or two.

Administrator Schultz said the important thing is administratively that it be spelled out exactly how everything will be done.

COURT CLERK OFFICE LOCATION
Judge JoAnn Eiring said that it is extremely important that the court remain autonomous of the Police Department. She said that no contact has been made with her as to a reason for the change, she has heard that the reason is the court clerk could help if the police department needed help and they could help when the clerk is gone. That would put the court clerk in a precarious position sometimes because she would have two masters. There are times when there are different conflicts of philosophy with the court and police department. It is very important for the public perception that the police and court be separate. They are two different branches of government, the police department is administrative and the court is judicial.

Supervisor Talsky said that this is something the Mr. Cook the owner representative should be working out.

Supervisor Johnson said that since the judge is in charge of the department it should be where she wants it, unless someone has a very strong opinion that it should be with the police department.

Mr. Cook said the consensus from a cost standpoint is to keep the office where it is presently located. However, from a safety issue the concern was that the clerk collects fines and if someone is irate there is no protection.

Judge Eiring said that these are not criminals coming in the people are there to pay forfeiture for traffic tickets not crimes.

Chairman Henderson said that it appears the consensus is to leave the office where it is.

SURPLUS POLICE VEHICLE USE
Supervisor Talsky moved to approve keeping the best of the two surplus police vehicle for use by Town administrative staff for official business, with a resolution being drafted to reallocate monies from one fund to the police department capital equipment, seconded by Supervisor Harenda, voted on, carried unanimously.

2001 PAVEMENT AND ROADSIDE DRAINAGE PROGRAM
Supervisor Harenda moved to have the Town Engineer advertise the 2001 Pavement and Roadside Drainage Maintenance Program for bids, seconded by Supervisor Johnson, voted on, carried unanimously.

REFUND OF FEE TO VINEYARD CHRISTIAN FELLOWSHIP
Supervisor Johnson moved to approve refunding the filing fee for a Conditional Use Permit for Vineyard Christian Fellowship, seconded by Supervisor Talsky.

The motion and second were withdrawn.

Supervisor Johnson moved to approve refunding $250.00 of the filing fee for a Conditional Use Permit for Vineyard Christian Fellowship, seconded by Supervisor Harenda, voted on, passed 4 1 with Supervisor Talsky voting nay.

ADMINISTRATIVE POLICY ON REFUNDING FEES
Supervisor Talsky moved to have the Administrator draft an Administrative Policy for approval, authorizing staff to refund fees under certain circumstances, seconded by Supervisor Timm, voted on, carried unanimously.

REMEDIAL ACTION ON KAMRT/POSTILLION DETENTION BASIN
Supervisor Harenda moved to have the Town Attorney prepare an opinion regarding the legal authority of the Town on requiring remedial action on Kmart/Postillion detention basin of private and public entities within and without the Towns municipal jurisdiction, seconded by Supervisor Talsky, voted on, carried unanimously.

PLAN COMMISSION RECOMMENDATIONS

REVISED PLAN OF OPERATION FOR BIG K-MART OUTDOOR SEASONAL DISPLAY
Supervisor Harenda moved to approve the revised Plan of Operation for the outdoor seasonal display of garden materials at the Big Kmart, 18200 W. Bluemound Road. Subject to the plan of the area being reviewed by the Architectural Control Committee and review in a year of the outdoor seasonal display operation. The motion was seconded by Supervisor Talsky, voted on and carried unanimously.

RESOLUTION ON HEALTH INSURANCE OUT-OF-POCKET REIMBURSEMENTS
Supervisor Harenda moved to approve the RESOLUTION ESTABLISHING MEDICAL AND DENTAL OUT-OF-POCKET EXPENSE REIMBURSEMENT POLICY (see attached), seconded by Supervisor Johnson, voted on, carried unanimously.

PICNIC PERMIT
Supervisor Johnson moved to grant an Alcohol Picnic Permit for June 9, 2001 from 10:00 a.m. to 6:00 p.m. at Marx Park, seconded by Supervisor Timm, voted on, carried unanimously.

HUMANE ANIMAL SERVICES AND SURVEY
Supervisor Timm moved to table action on the Humane animal Services and Survey until the next Town Board meeting, seconded by Supervisor Johnson, voted on, carried unanimously.

BARTENDER LICENSES
Supervisor Harenda moved approve bartender licenses for Lonnie Alan Fischer for Panos Restaurant and Robin R. Bluemner for Speedway Inn, seconded by Supervisor Timm, voted on and carried unanimously.

BUILDING INSPECTORS REPORT
Inspector Lake said that he attended a public hearing at Waukesha County February 15, 2001pursuant to the Towns request to an amendment to the Countys Development Plan to reflect the plan for the Capitol Drive corridor that the Town completed. The Countys plan is not consistent with the Towns plan. The land north of Gumina Road on the county plan is described for transportation, utilities and communications and on the Towns plan it is office and light industrial use. He said that he presented the Towns request and made specific reference to the fact that the Towns plan was developed with representation from the City of Brookfield and the plan is consistent with the city plan. One member of the Plan Commission at Waukesha County is a member of the City of Brookfield Planning Commission and said that the Towns plan is consistent with the City plan and that plan was approved last year. No action was taken it takes approximately five to six months by the time complete the public hearings and go through all the committees.

Supervisor Johnson asked what was happening with the Olson Warehouse addition project.

Inspector Lake said that they have submitted grading and drainage plans and the Town Engineer reviewed it and had numerous comments. They revised the plans and submitted them to the engineer the day of the Plan Commission meeting, which was not enough time to review. The review was completed today and they have addressed almost all the comments the engineer raised.

Supervisor Johnson said an item of concern was the siding material has any of that information been submitted.

Inspector Lake said that has been submitted it is half block and half metal siding.

Supervisor Johnson said the motion was not to use those materials has that been made clear at the Plan Commission meeting. It will face a problem at Town Board for approval if it is a sheet metal building.

CLERKS REPORT
Clerk Carlson reported that the voter turnout for the Spring Primary was three hundred thirty-six (336) voter which is about 5.4 percent.

ADMINISTRATORS REPORT
Administrator Schultz said that he is looking into an Economic Development program for the Town.

ADDENDUM - GENERAL LIABILITY INSURANCE
Supervisor Harenda moved to approve the contract with Laub & Horton Inc. for the Towns General Liability Insurance, seconded by Supervisor Johnson, voted on, carried unanimously.

CORRESPONDENCE
The attached list of correspondence was reviewed by the members of the Board, with comment on the following:

17. Supervisor Johnson that Administrator Schultz will be talking with John Van Ellis regarding an extension.

Supervisor Talsky moved to authorize Administrator Schultz to accept the Urban Forestry Grant, seconded by Supervisor Johnson, voted on, passed 4 1 with Chairman Henderson voting nay.

VOUCHERS
Supervisor Johnson moved to approve vouchers in the amount of $300,144.19, seconded by Supervisor Timm, voted on, carried unanimously.

Included in the approved vouchers were: $203,472.53 to Sanitary District #4 for February 2001 tax roll settlement; $41,850.00 to Ewald Hartford Ford for two 2001 Police Squads and $7,185.19 to Cramer, Multhauf & Hammes for attorney fees.

DISCUSSION ONLY
Supervisor Timm said that the presentation that Chairman Henderson is giving to the City of Brookfield should be from we the Town Board not I the Chairperson.

He also said that any input regarding Calhoun Road South Task Force Interchange Feasibility Survey needs to be returned by March 1, 2001.

Supervisor Johnson said that she talked with Chad Luttrell the Towns Engineer about the report from the DNR on the Brook Park Pond testing after she reviewed it and found that the DNR shows mercury and selenium in the sample. She asked Chad to check the report and concur with her that the levels that they indicate are a problem are below the limit of detection. He took the report and had it reviewed by their engineer, and environmental personnel and they agree that if the value is lower than the limit of detection it can not be determined to be a problem.

CLOSED SESSION (8:55 P.M.)
Supervisor Timm moved to adjourn into CLOSED SESSION, according to Section 19.85(1)(c) Wisconsin Statutes to consider employment performance evaluation, seconded by Supervisor Talsky and voted on, carried unanimously.

OPEN SESSION (9:40 P.M.)
Supervisor Talsky moved to adjourn into OPEN SESSION pursuant to Section 19.85(2), Wis. Stat. for any necessary action resulting from the Closed Session and to adjourn the meeting, seconded by Supervisor Timm, voted on, passed unanimously

Supervisor Talsky moved to accept the Administrator's performance evaluations and approve the recommended Merit Increases of the Highway Superintendent, Building Inspector and Parks & Recreation Director and the Municipal Judges evaluation of the Court Clerk. The motion was seconded by Supervisor Harenda vote on and carried unanimously.

There being no further business Supervisor Talsky moved to adjourn, seconded by Supervisor Timm, voted on, and carried unanimously. The meeting adjourned at 9:45 p.m.

Respectfully submitted,

Jane F. Carlson/Town Clerk

CORRESPONDENCE

February 22, 2001

1. Letter from Waukesha County Recycling Program regarding participation reward.
2. Notice of Wisconsin Towns Association Capitol Day, Wednesday, March 14, 2001.
3. Letters from Banyon Data Systems, Inc regarding tax collection systems program.
4. Newsletter from Ehlers & Associates.
5. Letter from Time Warner regarding Area General Manager.
6. Letter from resident regarding sands and gravel on roads.
7. Wisconsin Taxpayers Alliance Focus Number 1 & 2.
8. Legislative Hearings Notice Number 5, 6 and 7.
9. Sanitary District #4 January 24, 2001 minutes.
10. Police & Fire Commission November 14, 2000 minutes.
11. Police Department January 2001 report.
12. E-mail message introducing New GCN Security Update Email.
13. Invitation to Local Government Meeting regarding Hwy 59 (Greenfield Ave), Hwy 164 to Calhoun Road.
14. E-mail from Ruekert & Mielke regarding drainage projects.
15. Letter from Wisconsin Electric regarding the Final Environmental Impact Statement.
16. Notice from Brookfield Convention & Visitors Bureau Inc regarding Strategic Plan.
17. Letter to John Van Ellis regarding Urban Forestry Grant request for extension.
18. Public Hearing Notice regarding CDBG on Wednesday, February 28, 2001.
19. Communications from Ruekert & Mielke regarding Davidson Road Bridge Replacement.
20. Notice of Local Transportation funding Symposia Tuesday, March 13, 2001.
21. Letter from Municipal Clerks Association regarding a Proclamation.
22. Information regarding manager performance standards.
23. Correspondence regarding border agreement bill.
24. Copy of resolution adopted by City of Brookfield regarding Towns Incorporation petition.
25. Meeting notice for Waukesha County Economic Development Corporation Thursday, March 1, 2001.
26. Wisconsin Taxpayer Vol 68 No 10 and Vol 68 No 11.