WISCONSIN DEPARTMENT OF ADMINISTRATION. APPROVAL of the COOPERATIVE PLAN under Section , Wis. Stats. between the

Transcription

1 WISCONSIN DEPARTMENT OF ADMINISTRATION APPROVAL f the COOPERATIVE PLAN under Sectin , Wis. Stats. between the TOWN OF SALEM and VILLAGE OF SILVER LAKE, KENOSHA COUNTY Nvember 21, 2016

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4 NOTICE OF RIGHT TO APPEAL This Ntice sets frth the requirements and prcedures fr btaining review fr thse persns wh wish t btain review f the attached decisin f the Department. Per s (9), Wis. Stats., decisins f the Department are subject t judicial review under s Per s any persn aggrieved by a decisin f the Department is entitled t review. Per s (1) (a) 1., prceedings fr review are instituted by serving a petitin therefre upn the agency, either persnally r by certified mail, and by filing the petitin in the ffice f the clerk f the circuit curt fr the cunty where the judicial review prceedings are t be held. Per s (1) (a) 2m., an appeal must be filed within 30 days after mailing f the decisin by the agency. Per s (1) (b), the petitin shall state the nature f the petitiner's interest, the facts shwing that petitiner is a persn aggrieved by the decisin, and the grunds specified in s upn which petitiner cntends that the decisin shuld be reversed r mdified. Any petitin fr judicial review shall name the Department f Administratin as the Respndent. Petitins fr review shuld be served n the Department s Secretary, Sctt A. Neitzel. The address fr service is: c/ DOA, Municipal Bundary Review 101 East Wilsn Street, 9th Flr PO Bx 1645 Madisn, WI Persns desiring t file fr judicial review are advised t clsely examine all prvisins f Wis. Stat. s , and t ensure strict cmpliance with all requirements. The summary f appeal rights in this ntice shall nt be relied upn as a substitute fr the careful review f all applicable statutes, nr shall it be relied upn as a substitute fr btaining the assistance f legal cunsel.

5 Intrductin In accrdance with s (5) f the Wiscnsin Statutes, the Wiscnsin Department f Administratin (Department) apprves the Twn f Salem & Village f Silver Lake Cperative Plan (Cperative Plan). The Twn f Salem and Village f Silver Lake (Cmmunities) develped this Cperative Plan t bring abut their eventual cnslidatin int a single jurisdictinal entity. This Cperative Plan is a psitive step fr bth Cmmunities because it enables Silver Lake t cease being a separate jurisdictin and it enables Salem t achieve village status. Bth Cmmunities believe this Cperative Plan will greatly increase gvernmental efficiency due t sharing and eliminating the duplicatin f services. The Cperative Plan will als assure mre rderly and planned future develpment. The Cmmunities already cperate with law enfrcement and fire prtectin services, amng thers, s this Cperative Plan represents a cntinuatin and prgressin f this existing level f cperatin. Public Hearing, Reslutins, Referenda and ther Prcedural Matters Befre a cperative plan is submitted t the Department, a number f prcedural steps must ccur. These are: Jint initiating reslutins passed by each participating municipality authrizing its gverning bdy t wrk t negtiate and develp the plan; A jint public hearing t receive cmments frm the public and ther gvernmental bdies; and Reslutins adpted by each municipality t apprve a final versin f the cperative plan and frward it t the Department fr review. The fllwing prcedural steps may ccur: An advisry referendum; and A public hearing held by the Department. N area residents requested that an advisry referendum n the Cperative Plan be held, and n area residents requested that the Department hld a public hearing. Authrizing reslutins were passed by the Twn n May 2, 2016 and Village n May 5, As required by s (4)(a) Wis. Stats., these reslutins were distributed t neighbring municipalities and ther area jurisdictins. The required jint public hearing was held n July 6, Feedback frm residents was verwhelmingly psitive. In respnse t cncerns abut prtectin f Silver Lake, language was added t facilitate frmatin f a Silver Lake prtectin district. Prir t its required jint public hearing n July 6, the Cmmunities als held tw public infrmatinal meetings n June 16 and 21, 2016 which were als well attended. 1

6 Bth the Twn and Village adpted reslutins apprving the Cperative Plan n July 27, The Cmmunities frwarded the Cperative Plan t the Department fr its statutry review n September 6, Apprval Criteria Applicable t the Department A cperative plan shall be apprved by the Department if the Department determines that each f the criteria in s (5)(c), Wis. Stats., is met. The fllwing paragraphs describe hw the Cmmunities Cperative Plan relates t these criteria. It is imprtant t understand that this apprval dcument is nt a cmplete restatement f the plan. Thse wanting t learn specific details, prvisins, and cnditins shuld lk t the text f the Cperative Plan itself, which is available frm the Cmmunities, and als at the Department f Administratin s website at: (1) The cntent f the plan under sub. S (3)(c) t (e) is sufficient t enable the Department t make the determinatins under subds. 2 t 5m. s (5)(c)1, Wis. Stats. Infrmatin required by statute, and prvided in a clear manner by the parties, includes the fllwing fundamental details abut the Cperative Plan: Territry subject t the Plan the territry affected by the Cperative Plan is the entire territry within the Twn f Salem and Village f Silver Lake. Territry t Transfer the Cperative Plan primarily transfers tw areas f territry: Twn f Salem Attachment n February 14, 2017 (Cnslidatin Date), the Village f Silver Lake agrees t attach all Twn f Salem lands. The name fr the new cnslidated village will be Salem Lakes. Village f Paddck Lake Detachment the Twn is party t an existing cperative plan, the Village f Paddck Lake/Twn f Salem Cperative Plan (2006) which anticipates the transfer f certain Twn territry t the Village f Paddck Lake. The Cmmunities agree that the newly cnslidated Village f Salem Lakes will be bund by all prvisins f the Village f Paddck Lake/Twn f Salem Cperative Plan (2006). When requested t d s, the new Village f Salem Lakes agrees t detach territry t Paddck Lake pursuant t s Wis. Stats. in cnfrmance with bth cperative plans. 2

7 Transitin Perid the perid between the Cperative Plan s adptin and the first meeting f the newly elected Village f Salem Lakes bard in Spring f 2017 is referred t as the Transitin Perid. During this perid, bth Cmmunities vluntarily agree t NOT: Incur new debt Authrize new expenditures Enter int new cntracts Hire new staff Discharge existing staff Annex territry Exercise extraterritrial zning r plat apprval authrity Apprve zning amendments Transitin Cmmittee a Transitin Cmmittee will help manage the Transitin Perid. Members are the existing Twn Bard and Village President. Ordinance Cmmittee during the Transitin Perid the Village and Twn will each appint 3 members t serve n an Ordinance Cmmittee which will review existing Village and Twn rdinances and prpse a revised rdinance cde that retains bth Cmmunities existing prvisins but eliminates cnflicting r redundant prvisins. Cmprehensive Planning prir t the Cnslidatin Date, the Village agrees t amend its cmprehensive plan t include the Twn s cmprehensive plan prvisins. Zning prir t the Cnslidatin Date, the Village agrees t repeal its zning rdinance and adpt Kensha Cunty s rdinance. The Village will als negtiate with Kensha Cunty t prvide zning administratin and enfrcement services t the new Village f Salem Lakes after the Cnslidatin Date. Law Enfrcement the Cmmunities intend that law enfrcement will be prvided by the Kensha Cunty Sheriff s Department via a cntract, and supplemented by a public safety department that enfrces rdinances and patrls area lakes. The new Village f Salem Lakes will be greater than 5000 persns, s (1) Wis. Stats. requires that it prvide plice prtectin service. The Village agrees t retain current Twn Public Safety Department staff. Fire and Rescue the Twn Fire/Rescue Department currently prvides fire and rescue services t bth the Twn and Village. The Cmmunities intend that this Department will cntinue prviding service. The Village agrees t appint the Department s current fire chief as chief f the new Village f Salem Lakes Fire/Rescue Department and agrees t hire all f the Department s current staff. Public Wrks the Village agrees t hire current Twn f Salem Highway Department and Twn f Salem Utility District staff fr the same psitins in the new Village. Lake Prtectin Districts three lake prtectin districts currently exist within the Twn. The Village agrees t reappint the same representatives previusly appinted by the Twn t each f the lake prtectin districts. 3

8 Administratr & Staff Psitins prir t the Cnslidatin Date, the Village agrees t create an Administratr psitin and emply the Twn s administratr t this psitin during the Transitin Perid. Similarly, the Village will emply the Twn clerk, treasurer, assessr, and legal cunsel, and will cntinue t emply all Twn staff fr at least a 1-year perid fllwing the Cnslidatin Date. Term the Cperative Plan s effective date is the date f Department f Administratin apprval. On February 14, 2017, the Cnslidatin Date, the Village will adpt an rdinance attaching the entire Twn territry. This will have the effect f creating a newly cnslidated village t be called Salem Lakes. This Cperative Plan primarily utlines tasks and respnsibilities between the Cmmunities during the Transitin Perid between the Cperative Plan s effective date and the Cnslidatin Date. After the Cnslidatin Date, nly a few Cperative Plan prvisins remain, namely the eventual detachment f territry t Paddck Lake pursuant t this Plan and the Village f Paddck Lake/Twn f Salem Cperative Plan (2006), as well as cntinued emplyment f Twn staff fr at least 1-year fllwing the Cnslidatin Date. The abve infrmatin, alng with ther infrmatin included in the Cperative Plan, prvides sufficient detail t enable the Department t find that the standards in s (3)(c)1. Wis. Stats. have been met. (2) Is the cperative plan cnsistent with each participating municipality s cmprehensive plan and with current state laws, municipal rdinances and rules that apply t the territry affected by the plan? s (5)(c)2 Wis. Stats. In 2010 bth the Twn and Village participated in Kensha Cunty s multi-jurisdictinal cmprehensive planning prcess. The Village chse t adpt the resulting multi-jurisdictinal cmprehensive plan as their lcal cmprehensive plan, while the Twn chse t prepare and adpt a separate lcal cmprehensive plan which was based n the multi-jurisdictinal plan. The Cperative Plan is cnsistent with the Village s Multi-Jurisdictinal Cmprehensive Plan fr Kensha Cunty: 2035 (2010) in the fllwing respects: Gal, pages 273, 630 encurage intergvernmental cperatin by sharing services with municipal neighbrs in rder t save csts and imprve service quality. The Twn and Village have already been sharing services. This Cperative Plan will cmbine the tw cmmunities, resulting in yet mre cst savings and service imprvement. Gal, page cntinue cperative planning effrts between lcal gvernments, as well as crdinating effrts related t planning and rdinances. This Cperative Plan requires the Cmmunities t crdinate their plans and rdinances prir t the Cnslidatin Date. 4

9 The Cperative Plan is cnsistent with the Twn s A Cmprehensive Plan fr the Twn f Salem: 2035 (2010) in the fllwing respects: Land Use Element, page 141 utilize bundary agreements t reslve land use cnflicts between the Twn and the adjacent Villages f Silver Lake and Paddck Lake. Utilities & Cmmunity Facilities Element, page 215 cperate and share services with ther jurisdictins t prvide cst-effective gvernment services. Intergvernmental Cperatin Element, page 244 develp bundary agreements t reslve annexatin and land use cnflicts. Cntact Silver Lake fficials t determine the Village s interest in develping a bundary agreement fr future land use and shared services. The develpment f this Cperative Plan indicates that these recmmendatins have been cmpleted. The Cmmunities agree that prir t the Cnslidatin Date the Village will amend its Village cmprehensive plan t incrprate by reference all prvisins f the Twn s cmprehensive plan. This further ensures cmprehensive plan cnsistency. The Cmmunities indicate they have reviewed all applicable federal, state and lcal laws, as well as area plans and have nt identified any cnflicts, incnsistencies, r adverse effects with their Cperative Plan. Als, the cmment letters frm Kensha Cunty s Department f Planning & Develpment and Sutheastern Wiscnsin Reginal Planning Cmmissin (SEWRPC) d nt indicate any cnflicts r incnsistencies. SEWRPC cmments that cnslidatin f the Cmmunities will imprve and enhance services fr area residents, and that the Cperative Plan helps implement the SEWRPC s reginal plan. Kensha Cunty had n cmments but ffered its assistance and supprt t the new Village f Salem Lakes. Additinally, nne f the Cmmunities municipal neighbrs have viced any cmments r issues f cncern. Fr the freging reasns, the Department finds that the Cperative Plan is cnsistent with each cmmunity s cmprehensive plan and with all current state laws, municipal regulatins and administrative rules and that the standard in s (5)(c)(2) Wis. Stats. is therefre met. (3) Adequate prvisin is made in the cperative plan fr delivery f necessary municipal services t the territry cvered by the plan. s (5)(c)(3), Wis. Stats. The Cperative Plan includes extensive prvisins and discussin fr hw services will be prvided t the new village, bth prir t and after the Cnslidatin Date. The Cperative Plan prvides specifics n law enfrcement, fire prtectin and rescue services, public wrks, streets and highways, sewer & water service, parks, rdinances & regulatins, planning and zning, lake prtectin, municipal judge, legal services, electins, prperty assessment, clerk, treasurer, and administratr. 5

10 A Twn f Salem resident submitted cmments t the Department questining the Cperative Plan because f cst cncerns. Due t Silver Lake s higher mill rate, its existing debt, and the requirement that the new cmmunity prvide plice prtectin service, this Cperative Plan may in fact impact residents taxes. Analysis by the Cmmunities indicates that Village f Silver Lake residents may experience a slight decrease in prperty taxes while Twn f Salem residents may experience a slight increase. Despite these cst impacts, bth Cmmunities gverning bdies and mst residents at the public hearings supprt the Cperative Plan and believe it will benefit area residents ver the lng term. Fr the freging reasn, the Department finds that adequate prvisin has been made fr the delivery f necessary municipal services t the agreement territry, and that the standard in s (5)(c)3, Wis. Stats., is met. (4) The shape f any bundary maintained r any bundary change under the cperative plan is nt the result f arbitrariness and reflects due cnsideratin fr cmpactness f area. Cnsideratins relevant t the criteria under this subdivisin include quantity f land affected by the bundary maintenance r bundary change and cmpatibility f the prpsed bundary maintenance r bundary change with natural terrain including general tpgraphy, majr watersheds, sil cnditins and such features as rivers, lakes and majr bluffs. s (5)(c)(5), Wis. Stats. This Cperative Plan establishes an rderly and predictable prcess fr cmbining Village and Twn territry t result in a new Village f Salem Lakes. Eliminatin f Silver Lake territry will result in an ultimate bundary that is mre cmpact, ratinal, and unifrm than it currently is. Furthermre, this Cperative Plan expressly recgnizes the Twn s existing cperative plan with Paddck Lake and incrprates the prvisins f that agreement. This will result in the bundary between Paddck Lake and the new Village f Salem Lakes ultimately being cmpact and ratinal. Fr the freging reasns, the Department finds that this Cperative Plan is cmpatible with the surrunding cmmunity and will result in cmpact municipal bundaries. Therefre, the standard in s (5)(c)5, Wis. Stats., is met. (6) Any prpsed planning perid exceeding 10 years is cnsistent with the plan. s (5)(c)6 Wis. Stats. The planning term fr this Cperative Plan is less than 10 years. 6

11 Apprval This Cperative Plan meets the statutry criteria f s , Wis. Stats. Pursuant t authrity fund in s (5), Wis. Stats., the Wiscnsin Department f Administratin hereby apprves the Twn f Salem & Village f Silver Lake Cperative Plan. Hencefrth, amendments r revisins t the plan can nly ccur with the apprval f the cmmunities, and with the cncurrence f the Wiscnsin Department f Administratin r any successr agency granted the authrity t administer the prvisins f s (8), Wis. Stats. 7