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UPON MOTIONS DULY MADE AND SECONDED, THE FOLLOWING RESOLUTIONS WERE ADOPTED UNANIMOUSLY BY THE TOWN OF SHEBOYGAN TOWN BOARD IN OPEN SESSION
2. Agenda-Motion Wagner, second Gumm to approve the Town of Sheboygan Town Board agenda for November 17, 2009. Motion carried.
3. Public Hearing-2010 Budget- The public hearing was opened. The estimated tax rate is at $2.75 per thousand compared with $2.71 from last year. Discussed was that garbage/trash tipping fees have increased dramatically and there is another increase coming in early 2010. The State is imposing a tax on the trash haulers and the state mandates are being passed on to the municipalities. There was no public comment.
4. Close Public Hearing-Motion Schwinn, second Gumm to close the public hearing. Motion carried.
5. Adoption of 2010 Budget-Motion Schwinn, second Schneider to adopt the 2010 budget as presented.Motion carried.
6. Approval to levy tax-Total tax levy of $1,578,803. Motion Schwinn, second Wagner to approve to levy the tax of $1,578,803 as proposed. Motion carried.
7. Minutes-Motion Schneider, second Schwinn to approve the Town of Sheboygan Town Board minutes of October 20, 2009 as presented. Motion carried.
8. Gary Dulmes of Sheboygan County Economic Development Corporation Task Force-Gary Dulmes and Adam Payne from Sheboygan County were present regarding the Task Force letter of September 28, 2009. Dulmes explained that they used to be the Sheboygan Development Corp. and most of their efforts were spent on the City of Sheboygan, Blue Harbor, South Pier, etc. About 6 months ago the Sheb. County Chamber of Commerce asked this group to meet and they set up a task force to decide if this was something they should or could do. In light of what has happened this past year with Pentair, Thomas Industries, Leer, etc., it was felt they should do something for the economic development of Sheboygan County. Fond du Lac has had a committee in force for several years and they do a good job and are funded through the municipalities. This Task Force is modeled after the Fond du Lac program involving the revolving loan fund and the private sector. The private sector has committed $100,000, the City of Sheboygan has committed $100,000 and Sheboygan County has committed $100,000. They have talked to the Cities of Plymouth and Sheboygan Falls along with other communities who have not yet committed. This group needs financial support but more than that need the other community’s to buy in of what they are doing. The goals of the organization are to:1) retain businesses and keep what we have-be proactive; 2) attract businesses-we have a great workforce and public entities and a community that is close knit;3) make things flow easier such as development agreements-there is no central place for this stuff to come through. The group will need a full time person and a board of 35 individuals. Dulmes wanted to emphasize this is not a City project, but an entire County project consisting of municipalities and private businesses. The goal is not to come back in 4 years to ask for money. The goal is to be completely self sufficient of any government monies. Dulmes believes it can be done and wants to raise money in private sector. Dulmes stated they realize it is late in budget game and if it can’t happen then it can’t happen, but they still want the support of the township to prove they can bring business back into Sheboygan County. They want to make Sheboygan County a great place to do business and work. Economic development is the main goal. A question was asked about the impact of this group on the Town. Dulmes replied that if a developer wants to build in the Town of Sheboygan they will provide support for that developer. They will not push the City of Sheboygan but will be willing to help all municipalities and if the best place for the business development is a Town than they will support that development. If a new development comes to Sheboygan County, no matter which municipality it comes into, it does benefit the entire area. The don’t want to shift businesses from the County to the City. Another question was asked about he $2.00 per resident being requested annually. Dulmes reiterated the goal is to come back in 4 years and say we don’t need the financial commitment, as it is not so much dollar amount as support. Adam Payne commented that he has been in his position 10 years and has had more discussion over economic development the last several months than in his entire 10 years due to the economic issues. Other areas have Economic Development Corporations and they have been more successful and more proactive than Sheboygan County. He wants Sheboygan County to be the best run community, but if there are no jobs we are in deep trouble. It has been gratifying to see the ground swell of support in the business community and other municipalities who look forward to developing. Sheboygan County has been proactive in developing relationships such as with Morgan Aircraft, to keep them from relocating to another state. They have good relationships and good partnerships with businesses and will be ready for the next opportunity. We need to continue to build a job base here in Sheboygan County. This groups intentions are great and they care about creating and retaining more jobs in the community and we need to pull together to make that happen countywide. There have been discussions with Sheboygan County regarding an incubator business and they have talked about purchasing Polarware for entrepreneurs to provide low rent opportunities for fledging businesses to start up. The County has applied for a $2 million grant to turn this project into a training center and business incubator. Hein stated that the Town of Sheboygan supports the program and wants to see the County grow. Hein stated he will encourage the Town Board to support the task force and they will further discuss this issue at the next meeting. He commended the group for doing this.
9. Green Meadows Subdivision-Atty. Bauer stated that based on discussions earlier with the developer the proposal includes paying the $2,000 bank fee and providing financial statements to the Town, and the proposed restructuring is listed on the attachment. John Smith stated that he e-mailed the document to the developer and attorney late this afternoon. Schwinn commented and asked that who is paying the legal fees by Bauer as the developer has initiated the restructuring request. Bauer advised that this can be a condition on acceptance and approval of the restructuring agreement. Schneider asked if the developer is going to have the large amount due at the end of the term of the restructuring and could he come back and ask to restructure the loan, or could the Town end up with the property. These were potential outcomes. All agreed that legal fees should be reimbursed by the developer and not absorbed by the Town. Also some of John Smith’s time should be billable. The developer’s total cost will be higher with the restructuring due to extending out the loan. Finance Committee had suggested that if the Town approves the restructuring that they should be able to see the financial statements and this was asked to be part of the motion. It was noted that the developer has not defaulted before. The Town’s payment schedule to the bank will not change, with a balloon payment in the end. Motion Schneider, second Gumm to approve the restructured loan with the following conditions:
a) the developer paying or reimbursing the bank fee of $2,000;
b) the developer to provide audited annual statements;
c) acknowledgement of additional paving costs to be added to the payment schedule; and
d) payment of the additional legal and administration costs related to the restructuring of the loan by the developer. Motion carried.
10. Conditional Use Permit for Countryside CRL LLC for 4228 Kadlec Drive-Atty. Bauer explained that a public hearing was held at the Plan Commission meeting and the Plan Commission recommended conditional approval of the Conditional Use Permit with architectural review at the December 1, 2009 Plan Commission meeting. The Board approved a prior request in 2007 but the plan did not materialize. The same building will be constructed and the back side, facing CTH J should have more architectural development. This will be coming back to Plan Commission. Motion Schwinn, second Gumm to grant approval of the Conditional Use Permit for Countryside CRL LLC for 4228 Kadlec Drive to allow an 18,231 sq. ft. one story building addition to the existing 14,700 sq. ft. building for a community based residential facility (CBRF) which currently houses 28 residents and will create facilities for an additional 35 residents, upon architectural review by the Plan Commission at their December 1, 2009 meeting and review and compliance with the storm water recommendations made by Terry Johnson of AECom in his October 26, 2009 letter, as recommended by Plan Commission. Motion carried.
11. Conditional Use Permit for Beth Ann & Bruce Goetz for 3720 Kennedy Circle-Atty. Bauer explained that a public hearing was held at the Plan Commission meeting and the Plan Commission recommended approval of the Conditional Use Permit with conditions. Motion Schneider, second Wagner to approve the Conditional Use Permit for Beth Ann & Bruce Goetz for 3720 Kennedy Circle to allow a dog grooming business to be run out of the home by converting a utility room into a dog grooming salon with the following conditions:
a) no keeping of animals outside of the home;
b) no signage greater than 2’ x 2’;
c) the conditional use permit is non-transferrable, for the current owners only;
d) no employees other than the owner will work here;
5) the hours of operation are from 8 am-6 pm Monday through Friday and Saturday mornings as recommended by Plan Commission. Motion carried.
12. Conditional Use Permit for Charles & Kathryn Lulloff, W2094 Hannah Lane-Atty. Bauer explained that a public hearing was held at the Plan Commission meeting and the Plan Commission recommended approval of the Conditional Use Permit. Motion Gumm, second Schwinn to approve the Conditional Use Permit for Charles & Kathryn Lulloff, W2094 Hannah Lane to allow the addition of 494 sq. ft. to an existing 881 sq. ft. garage for a total of 1,375 sq. ft. as recommended by Plan Commission. Motion carried.
13. Eileen Robarge/Windward Cove LLC re: paving of Windward Court-Robarge stated she is the owner of Windward Cove LLC apartments of Sheboygan and she flew in from San Diego, CA as the paving of Windward Court is important to her. Robarge gave a presentation (as attached). She stated she can’t afford to have the road torn up again, such as with STH 42 and this will dissuade tenant occupancy. Her request to the Town Board is (due to financial and tenant base) that this project be delayed by 3 years to get it back to full occupancy and due to financial reasons. She stated that she wants the project and assessment delayed. Bauer asked Blashka about the construction schedule-Blashka stated that the road project disruption would be 1-2 weeks at best. The road is starting to break up and the shoulders are deteriorating. Heavy traffic can bust up the road greatly. Hein asked if she could financially guarantee the payment in three years if the Board held off, however she could not and the Board did not want to put off the project. The Board asked her to consider a 10 year special assessment. She stated she has no reserves and no cash flow. The Girl Scout house will also have to pay an assessment for the road. It was recommended that the Town do construction in 2010 and not assess the project until 2012 and then assess at a 10 year plan with interest. Motion Schneider, second Wagner to do the construction in 2010 and bill out in 2012 and assess at a 10 year payment plan (with interest) as a special assessment on the tax bill. Motion carried. Robarge asked that she be provided notice as soon as the project will be taking place. Atty. Bauer stated he would send a consent for assessment form to Robarge for signature. Blashka will contact the County to get project going as soon as possible in Spring 2010.
14. Status of Property at 1115 Greendale Road-Korman has been served with a new raise order on October 30th and has 30 days to reply. This item will be placed on the next agenda.
15. Status of property at 924 Eisner Avenue-Blashka reported that the snowmobile on the property has been removed by an unknown party. The POD was emptied, items junked and distributed. One truck disappeared early. The party interested in the boat called and said he was no longer interested as it is pretty much junk and his cost to repair was too high. It was suggested that the Town contact Rawhide, Holman or advertise it free for the hauling. The truck must be titled and removed from the property. The POD will be removed tomorrow. Assessment charges for labor will be calculated at 2 men for 3 days along with Blashka’s time and legal fees. Motion Gumm, second Schneider to do special charge for property at 924 Eisner Avenue for all actual charges related to property cleanup. Motion carried.
16. Constable Issues-
a) 1730 No. 38th Street-Constable VanDerPuy reported ongoing issues with Mr. Hodgell and owners of the Elroy Ziemer (now deceased) property on No. 40th Street and Saemann. Mark Beyer, Ziemer’s son-in-law was present to discuss the issue. Ziemer took great pride in his property and Hodgell did not. There is a property line dispute. Ziemer was harassed by Mr. Hodgell and believes that some property was taken by Hodgell. Property line stakes were removed by Hodgell, along with birdhouses. The Sheriff’s Department has reports of complaints on this property. Schwinn felt that the Ziemer property is in the City of Sheboygan. Another property owner was present who stated that Hodgell has also removed his property stakes. The Constable stated that there are two vehicles on the property and one is licensed. The neighbors complained that the Hodgell property is a nuisance. There is a boat on the property; the property is attracting rodents, etc. There is lots of activity between 9 pm and 1 am. The Constable stated that he can meet with property owners and the Sheriff’s Department and come back to the Board with a plan of action. The condition and use of property is aggravating to the surrounding property owners. Opossum and rats are living in the old truck on the property. It was recommended that the Town get pictures and talk to Sheriff’s Department. This will be placed on the next agenda.
17. Draft Department of Public Works Ordinance re: drainage/road improvements/sump pumps-Board members and staff are still reviewing and will make notes of changes for Blashka. This item will be placed on the next agenda.
18. Department of Public Works Issues-a) Parking ticket follow through process-Blashka provided copies of the traffic violation program and the process. Bauer reviewed the documents and stated that the few tickets that remain unpaid should still go through the Circuit Court process though the fines to the individual will increase with added court costs. Blashka will proceed with the Circuit Court follow-up process and the violators will be scheduled for Intake Court.
19. Fire Inspection wages per inspection vs. hourly-The clerk requested clarification on the rate of pay for fire inspections, as the August 18, 2009 minutes state the rate is per inspection and in the past it was per hour. Motion Schwinn, second Gumm to amend the original motion of the 8-18-09 meeting, to increase the inspection pay for the chief inspector to $14 per hour and adopt that the wage schedule for fire inspector wages be set at $10 per hour for the first 3 years; $11 per hour for the next 3 years; and $12 per hour after 6 years, effective 8-18-09. Motion carried.
20. Ordinance related to gun hunting/bow & arrow; Farmer’s & Sportsman’s club; parcel size; and permits-Hein stated that he was questioned about members of the Farmer’s and Sportsmen’s Club regarding the fact that they hunt on their own parcel, as they are owners, but clarification was requested. The language “Any sportsman’s club and/or members or owners are exempt from all bow and arrow and firearm and permit regulations on the sportsman’s club property” will be added. Previously there was no regulation on bow hunting, however when drafted the bow and arrow was included in the 15 acre parcel size area. Other changes to the draft ordinance include Item 2(b) to add “contiguous to”; Item 3(d) add “regardless of parcel size”; Item 3(b) and (5) change to “household” rather than family; Item 2(a) remove “paintball and add crossbows”; item 3(d) add “other than crossbow”. Atty. Bauer will bring the revisions to the next meeting.
21. Joint Powers Agreement-Motion Schwinn, second Gumm to approve the Joint Powers Agreement with the Sheboygan County Sheriff’s Department for 2010, as attached. Motion carried.
22. Final Assessments (road, water, sewer) Enterprise Drive-The Town has assumed all costs associated with the paving of the base coat so there are no assessable charges.
23. Clean-up of wetlands in Park-Gumm stated that she had a request for clean-up of the wetland area at the park. Blashka stated that this is a wet area and burning has been tried, unsuccessfully. The DPW has been cleaning up as time permits and if it is not too wet. This will be placed on the next agenda.
24. Operators License-Motion Gumm, second Wagner to approve the operator’s license for Trisha L. Halbach1313 No. 28th Street for Superior Discount Liquor thru June 30, 2011. Motion carried.
25. Directive Concerning the Use of Wal-Mart Development Impact Fund for purchase of fire truck-The directive has been signed and forwarded to Classic Title. The title company has not yet released the check, but it is being processed.
26. Payment to State of WI for firetruck loan (Wal-Mart funds, donations & unused loan funds)-This item will be placed on the next agenda.
27. Town Utility bills/energy audit-Recommendations from Alliant were reviewed. Gumm reported that HVAC Heating and Cooling is working on the air exchange system for the fire house. This will be placed on the next agenda. Blashka discussed the exchange of the bulbs in the firehouse parking lights and the cost savings will be little since the lights will not be used on a continual basis and will be able to be turned on with a switch as needed. This item will be placed on the next agenda.
28. Sheboygan County proposal regarding tax collection-The clerk explained the process being proposed. It was found that the property tax listing office of the City was being staffed by the City and doing work that by State Statutes is County Treasurer work. Thus, with staff reductions at the City level and County level, the County Treasurer did not have additional staff for tax collection and she has informed the municipalities of this change for first half of the property tax collection beginning in December 2010. This will mean additional work for Town staff during December and January with additional costs to the Town, though there is the potential to earn addition interest to offset the costs. County Board Supervisor Peggy confirmed the action by the County Treasurer. A tax collection policy and ordinance will be necessary in mid 2010 to address further concerns and procedures.
29. Reports-Motion Wagner, second Gumm to accept the reports as presented. Motion carried. The Superior Chemical Corp bill was questioned for polymer grease as it was felt this was an abnormally high bill. Blashka explained this bill is for the slides on plow blades and is used by the DPW because it doesn’t stick and slides better than other products. This product has been used several years and has been found to be a very reliable and useful product. Other products used by the Town and other municipalities did not work as good. It was recommended that the Town stay away from ordering Northwoods products as much as possible.
30. Communication & Correspondence-The communication and correspondence was read and filed. Community Bank re: CDARS presentation could be on December agenda if they request it.
31. Adjourn-Motion Wagner, second Schwinn to adjourn the meeting at 7:35 pm. Motion carried.
Minutes recorded by Cathy Conrad, Clerk
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