Village of Randolph, WI
Dodge County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Board of the Village of Randolph 10-7-1998 by Ord. No. 351 as Title 2, Ch. 4, of the 1998 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Elections and government — See Ch. 23.
Ethics — See Ch. 34.
Officers and employees — See Ch. 56.
Village Board — See Ch. 81.

§ 12-1 Board of Review.

A. 
Composition. The Board of Review shall be composed of the Village President, the Village Clerk-Treasurer and three Trustees to be annually appointed by the Village President subject to the approval of the full Village Board. The Village Clerk-Treasurer shall serve as Clerk of the Board of Review. The Assessor shall attend all meetings of the Board of Review, but shall not vote.
B. 
Compensation. The members of the Board of Review shall receive compensation as determined by resolution of the Village Board.
C. 
Duties. The duties and functions of the Board of Review shall be as prescribed in §§ 70.46 and 70.47, Wis. Stats.
D. 
Meetings. In accordance with § 70.47(3)(b), Wis. Stats., the Village Board does hereby exercise its right to designate hours for the annual Board of Review proceedings other than those set forth in § 70.47(3)(a), Wis. Stats., and shall designate the hours of the annual Board of Review proceedings. The Board may adjourn from day to day or from time to time, until such time as its business is completed, providing that adequate notice of each adjournment is so given.
E. 
Objections to valuations to be written. No person shall be permitted to appear and make objection before the Board of Review of the Village of Randolph to the amount of valuation of any property unless objection thereto shall first have been made in writing and filed with the Clerk of the Board of Review.
F. 
Whenever the Assessor, in the performance of the Assessor's duties, requests or obtains income and expense information pursuant to § 70.47(7)(af), Wis. Stats., or any successor statute thereto, then such income and expense information that is provided to the Assessor shall be held by the Assessor on a confidential basis, except, however, that the information may be revealed to and used by persons in the discharge of duties imposed by law; in the discharge of duties imposed by office (including but not limited to use by the Assessor in performance of official duties of the Assessor's office and use by the Board of Review in performance of its official duties); or pursuant to order of a court. Income and expense information provided to the Assessor under § 70.47(7)(af), unless a court determines that it is inaccurate, is, per § 70.47(7)(af), not subject to the right of inspection and copying under § 19.35(1), Wis. Stats.[1]
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 12-2 Zoning Board of Appeals.

A. 
Establishment. A Zoning Board of Appeals shall be appointed and governed by the state zoning enabling law as contained in § 62.23, Wis. Stats., Chapter 375, Zoning, of this Code, Village ordinances and this section. The laws of the state or Village and local ordinances shall prevail in that order. The Zoning Board of Appeals shall consist of five citizen members and two alternate members, appointed by the Village President subject to confirmation by the Village Board, for a three-year term of office. The members shall be removable by the Village Board for cause upon written charges and upon public hearing. The Village President shall designate one of the members Chairperson.
B. 
Powers.
(1) 
The Zoning Board of Appeals shall have the following powers:
(a) 
To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by an administrative official in the enforcement of Chapter 375, Zoning, of this Code or any ordinance adopted under § 62.23, 61.35 or 62.231 (wetlands), 87.30 or 281.31 (floodplains) or Ch. 91 (farmland preservation), Wis. Stats.
(b) 
To hear and decide special exceptions to the terms of the Village zoning and floodplain zoning regulations upon which the Zoning Board of Appeals is required to pass.
(c) 
To authorize, upon appeal in specific cases, such variance from the terms of the Village zoning regulations as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement will result in practical difficulty or unnecessary hardship, so that the spirit of Chapter 375, Zoning, of the Code of the Village of Randolph shall be observed, public safety and welfare secured and substantial justice done; provided, however, that no such action shall have the effect of establishing in any district a use or uses not permitted in such district.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(d) 
To permit the erection and use of a building or premises in any location subject to appropriate conditions and safeguards in harmony with the general purposes of Chapter 375, Zoning, of this Code, for such purposes which are reasonably necessary for public convenience and welfare.
(2) 
The Zoning Board of Appeals may reverse or affirm, wholly or in part, or may modify any order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as, in its opinion, ought to be made. If a quorum is present, the Board may take action by a majority vote of the members present. The grounds of every such determination shall be stated and recorded. No order of the Zoning Board of Appeals granting a variance shall be valid for a period longer than six months from the date of such order, unless the zoning permit is obtained within such period and the erection or alteration of a building is started or the use is commenced within such period.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
C. 
Meeting and rules.
(1) 
All meetings and hearings of the Zoning Board of Appeals shall be open to the public, except that the Board may go into executive session to deliberate after a hearing or an appeal. The final vote on an appeal shall be taken in open session by roll call vote, recorded and open for public inspection in the Board's office. Public notice of all regular and special meetings shall be given to the public and news media as required by the Wisconsin Open Meetings Law.[3]
[3]
Editor's Note: See §§ 19.81 to 19.98, Wis. Stats.
(2) 
Special meetings may be called by the Chairperson or by the Secretary at the request of two members. Notice of a special meeting shall be mailed to each member at least 48 hours prior to the time set for the meeting, or announcement of the meeting shall be made at any meeting at which all members are present.
(3) 
Hearings may be held at any regular or special meeting at the time set by the Chairperson.
(4) 
A quorum for any meeting or hearing shall consist of three members, but a lesser number may meet and adjourn to a specified time.[4]
[4]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(5) 
The Board shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and shall keep records of its examination and other official actions, all of which shall be immediately filed in the office of the Village Clerk-Treasurer and shall be public record. The Board shall adopt its own rules of procedure not in conflict with this Code or with the applicable Wisconsin Statutes.
(6) 
No Board member shall participate in the decision of or vote upon any case in which the member is financially interested, directly or indirectly, but the Chairperson shall direct an alternate member to act instead. Disqualification of a member for interest shall not decrease the number of votes required for acting upon any matter, but such member may be counted in determining whether a quorum is present for the transaction of business.
D. 
Offices. The Village Board shall provide suitable offices for holding hearings and the presentation of records, documents, and accounts.

§ 12-3 Police Statutory Disciplinary Committee.

A Statutory Disciplinary Committee of three members is established under § 61.65, Wis. Stats. Committee members shall be appointed by the Village President, subject to confirmation by the Village Board, for five-year terms commencing on May 1. The three members appointed initially shall serve five-year terms from the date of their appointment. None of the members of such Committee shall be an elected or appointed official of the Village or be employed by the Village. The Committee shall act under § 62.13(5), Wis. Stats., in place of a board of police and fire commissioners.

§ 12-4 Community Development Authority.

A. 
Scope of authority. The Community Development Authority is hereby created pursuant to § 66.1335(1) and (4), Wis. Stats., and is granted all powers and privileges created by said statute and § 66.1213 (Housing authorities for elderly persons), § 66.1201 (Housing authorities) and § 66.1333 (Blight elimination and slum clearance). The Community Development Authority shall not assume the duties or replace a Planning Board in any respect.
B. 
Appointment and number of members.
(1) 
Appointment. The Village President shall appoint, with the confirmation of the majority of members of the Village Board, seven resident persons, having sufficient ability and experience in the fields of urban renewal, community development and housing, as Commissioners of the Community Development Authority.
(2) 
Trustees as Commissioners; terms. Two of the Commissioners shall be members of the Village Board and shall serve during their term of office as Trustees.
(3) 
Non-Board members as Commissioners; terms. The first appointments of five non-Board members shall be for the following terms: two for one year and one each for terms of two, three and four years. Thereafter, the terms for non-Board members shall be four years or until their successors are appointed and qualified.
C. 
Expense reimbursement. Commissioners shall be reimbursed for their actual and necessary expenses, including local travel expenses incurred in the discharge of their duties, and may, in the discretion of the Village Board, receive other compensation.
D. 
Vacancies. Vacancies shall be filled for the unexpired term in the same manner as their original appointment.

§ 12-5 Park Board. [1]

A Park Board of the Village of Randolph is herewith created for the following purposes and limited to the following provisions and regulations:
A. 
Members. The Park Board shall consist of five residents of the Village of Randolph, appointed by the Village President with the approval of the Village Board. At all times, two members of the Village Board shall be members thereof. The Street Superintendent, Utilities Superintendent and Fire Chief (or his/her designee) shall be ex officio members.
B. 
Term. The appointment to said Park Board shall be for two years. All terms shall commence at the regular meeting held on the first Monday of May following appointment.
C. 
Officers. The Park Board shall annually selected its own officers.
D. 
Powers. The Park Board is empowered to govern, manage, control, improve and care for all public parks within the corporate limits of the Village and secure the quiet, orderly and suitable use and enjoyment thereof by the people. The Park Board shall make recommendations to the Village Board regarding rules and regulations to promote those purposes.
E. 
Current and estimated expenditures. The Park Board shall, prior to October 1 of each year, make and transmit to the Village Board an estimate of the expenditures by said Park Board during the ensuing calendar year, including all necessary incidental expenses. Such part of said estimates as the Village Board shall approve shall be included in the Village budget.
F. 
Compensation to be approved by Village Board. The members of the Park Board shall serve in such capacity with compensation as is included in the proposed budget and approved by the Village Board.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 12-6 Library Board.

A. 
Organization.
(1) 
Pursuant to §§ 43.54 and 43.58, Wis. Stats., there is hereby created a Library Board for the Village consisting of five members. Membership shall consist of one Village Trustee and four citizens appointed by the Village President, subject to confirmation by the Village Board. Pursuant to § 43.54(1), Wis. Stats., up to two members of the Library Board may be residents of towns adjacent to the Village. The Village President shall appoint as one of the Library Board members the school district administrator, or his representative, to represent the public school district or districts in which the library is located.
(2) 
Terms of such members shall be from May 1 in the year of their appointment, and thereafter each regular appointment shall be for a term of three years. Not more than one member of the Village Board shall at any one time be a member of the Library Board. Citizen members shall be appointed by the Village President, subject to confirmation by the Village Board. The Trustee member shall be appointed annually by the Village President, subject to confirmation by the Village Board.
(3) 
A majority of the membership of the Board shall constitute a quorum.
(4) 
As soon as practicable after the first appointments, at a date and place fixed by the appointing officer, and annually thereafter, within 30 days after the time designated in this section for the beginning of terms, the members of the Library Board shall organize by election from among their number a President and such other officers that they deem necessary, and the Library Board shall prescribe and adopt rules and regulations for the operation of the library.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Duties and powers. The Library Board shall have the duties and powers as prescribed by Ch. 43 and more particularly set forth in § 43.58, Wis. Stats.

§ 12-7 Planning Board.

A. 
Composition. The Village Planning Board shall consist of seven members who shall be the following: the Village President (or his/her designee), who shall be its presiding officer, a Village Trustee, and five citizen members.
B. 
Appointment.
(1) 
Trustee member. The Trustee member shall be annually appointed by a two-thirds vote at the organizational meeting of the Village Board.
(2) 
Citizen members.
(a) 
The five citizen members shall be appointed by the Village President for a term of three years, subject to Village Board approval.
(b) 
All citizen members shall be persons of recognized experience and qualifications and shall hold office until their respective successors are selected and qualified. Whenever a vacancy shall occur in any citizen member, a successor shall be appointed for the unexpired term in the manner as set forth above.
(c) 
Whenever a Park Board is created, the Park Board President shall succeed to a place on the Planning Board when the terms of the additional citizen members expire, and if a Zoning Administrator is appointed, he shall succeed to the Planning Board in a like manner.
C. 
Record. The Planning Board shall keep a written record of its proceedings to include all actions taken, a copy of which shall be filed with the Village Clerk-Treasurer. Four members shall constitute a quorum, but all actions shall require the affirmative approval of a majority of all of the members of the Planning Board.
D. 
Duties.
(1) 
The Comprehensive Plan.[1]
(a) 
The Planning Board shall make, adopt and, as necessary, amend, extend or add to the Comprehensive Plan, subject to Village Board confirmation, for the physical development of the Village, including areas outside of its boundaries which, in the Planning Board's judgment, bear relation to the development of the Village. The Comprehensive Plan, with the accompanying maps, plats and descriptive and explanatory matter, shall show the Planning Board's recommendations for such physical development and may include, among other things without limitation because of enumeration, the general location, character and extent of streets, highways, freeways, street grades, roadways, walks, parking areas, public places and areas, parks, parkways, playgrounds, sites for public buildings and structures, and the general location and extent of sewers, water conduits and other public utilities, whether privately or publicly owned, the acceptance, widening, narrowing, extension, relocation, removal, vacation, abandonment or change of use of any of the foregoing public ways, grounds, places, spaces, buildings, properties, utilities, routes or terminals, the general location, character and extent of community centers and neighborhood units, and a comprehensive zoning plan.
(b) 
The Planning Board may adopt the Comprehensive Plan as a whole by a single resolution or, as the work of making the whole Comprehensive Plan progresses, may from time to time by resolution adopt a part or parts thereof, any such part to correspond generally with one or more of the functional subdivisions of the subject matter of the plan. The adoption of the plan or any part, amendment or addition shall be by resolution carried by the affirmative votes of not less than a majority of all the members of the Planning Board, subject to confirmation by the Village Board. The resolution shall refer expressly to the maps, descriptive matter, and other matters intended by the Planning Board to form the whole or any part of the plan, and the action taken shall be recorded on the adopted plan or part thereof by the identifying signature of the Secretary of the Planning Board, and a copy of the plan or part thereof shall be certified to the Village Board. The purpose and effect of the adoption and certifying of the Comprehensive Plan or part thereof shall be solely to aid the Planning Board and the Village Board in the performance of their duties.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(2) 
Matters referred to Planning Board. The Village Board or officer of the Village having final authority thereon shall refer to the Planning Board, for its consideration and report before final action is taken by the Board, public body or officer, the following matters: the location of any statue or other memorial; the location, acceptance, extension, alteration, vacation, abandonment, change of use, sale, acquisition of land for or lease of land for any street, alley or other public way, park, playground, airport, area for parking vehicles, or other memorial or public grounds; the location, extension, abandonment or authorization for any public utility, whether publicly or privately owned; all plats of lands in the Village or within the territory over which the Village is given platting jurisdiction by Ch. 236, Wis. Stats.; the location, character and extent or acquisition, leasing or sale of lands for public or semipublic housing, slum clearance, relief of congestion, or vacation camps for children; and the amendment or repeal of any land use ordinance.
(3) 
Miscellaneous powers. The Planning Board may make reports and recommendations relating to the plan and development of the Village to public officials and agencies, civic, educational, professional and other organizations and citizens. It may recommend to the Village Board programs for public improvements and the financing thereof. All public officials shall, upon request, furnish to the Planning Board, within a reasonable time, such available information as it may require for its work. The Planning Board, its members and employees, in the performance of its functions, may enter upon any land, make examinations and surveys, and place and maintain necessary monuments and markers thereon. In general, the Planning Board shall have such powers as may be necessary to enable it to perform its functions and promote municipal planning in cooperation with the Village Board. The Planning Board shall oversee community development block grants. The Village Board may refer to the Planning Board for its consideration and recommendation any matter pertaining to planning and development of land within the Village and within 1 1/2 miles of the limits of the Village. All plats or replats of any lands within the limits of the Village or any lands outside the Village and within 1 1/2 miles of the limits of the Village shall be submitted to the Planning Board for its recommendation to the Village Board before the same are approved by the Village Board.
E. 
Compensation; oath. Compensation may be established by the Village Board for service on the Planning Board. Citizen members shall take the official oath required by § 19.01, Wis. Stats., which shall be filed with the Village Clerk-Treasurer.
F. 
Organization. As soon as all members of the first Planning Board shall have been appointed, the Village Clerk-Treasurer shall give each member a written notice of the appointment and thereon shall fix the time and place of the first meeting, which shall be not less than five nor more than 10 days thereafter. Such Planning Board shall elect a Vice Chairperson and a Secretary.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
G. 
Employees; budget. The Planning Board shall have the power to employ experts and such staff as may be necessary and to pay for their services and such other expenses as may be necessary and proper within the limits of the budget established by the Village Board, or placed at its disposal through gift, and subject to any ordinance or resolution enacted by the Village Board. As far as possible, the Planning Board shall utilize the services of existing Village officials and employees.
H. 
Rules of procedure; report. The Planning Board is hereby authorized to adopt rules governing its own proceedings. The Planning Board shall make a monthly report in writing to the Village Board of its transactions and expenditures, if any, for the preceding month, with such general recommendations as to matters covered by its prescribed duties and authority as seem proper.
I. 
Special meetings. Individuals requesting a special meeting of the Planning Board shall be required to pay a fee as set by the Village Board for such meeting.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 12-8 Meetings; public notice.

A. 
Regular meetings; public notice. Every board, committee and commission created by or existing under the ordinances of the Village shall:
(1) 
Schedule a date, time and place for its meetings;
(2) 
Post, or when necessary publish, notice in or notify the official Village newspaper in advance of each such regular meeting of the date, time, and place thereof, in compliance with state law; and/or
(3) 
Post an agenda of the matters to be taken up at such meeting.
B. 
Form of notice. Such notice shall set forth the time, date, place and subject matter of the meeting, including that intended for consideration at any contemplated closed session which may be authorized by law, and may be in the following form:[1]
NOTICE OF MEETING
VILLAGE OF RANDOLPH, WISCONSIN
(commission)
Please take notice that a meeting of the ________________________ (commission) of the Village of Randolph will be held on ___________ (date), ____, at _______ (time) p.m., at the Village Hall, in Room ________ to consider the following:
1.
(Agenda items set forth).
2.
Such other matters as authorized by law.
Dated:
(Commission)
By
The Village Hall is accessible to the physically disadvantaged. If special accommodations for visually or hearing-impaired individuals are needed, please contact the Randolph Clerk-Treasurer at (telephone). Members of the Randolph Village Board may be in attendance.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
C. 
Notice to members. Every member of any board, commission or committee of the Village of Randolph shall be notified by the Secretary thereof that a meeting is to be held and the time and place of such meeting and the subject to be considered thereat. No member shall be intentionally excluded from any meeting by a failure to give proper notice or a reasonable attempt to give proper notice to such member.
D. 
Minutes to be kept. Every board, commission and committee shall keep a record of the minutes of its proceedings and shall cause a signed copy thereof to be filed by its Secretary with the Village Clerk-Treasurer within one week of the meeting date. The Village Clerk-Treasurer shall furnish a copy of all minutes filed with him to each member of the Village Board. All such minutes shall be public records.
E. 
Special meetings. Nothing in Subsection A shall preclude the calling of a special meeting or dispensing with the publication of notice or such posting of the agenda, for good cause, but such special meetings shall nonetheless comply in all respects with the provisions of §§ 19.81 and 19.89, Wis. Stats.

§ 12-9 Residency and attendance requirements.

A. 
Residency. Except for the Library Board, no person not a resident of and not residing in the Village of Randolph shall be appointed in a voting capacity to any citizen Village board, committee or commission listed in this chapter. Any board or commission member who moves from the Village shall be removed from such board or commission but may be appointed to serve in an ex officio capacity.
B. 
Attendance standard. Members of boards, committees and commissions are required to attend a minimum of 2/3 of the meetings in each six-month period of their respective bodies, unless excused by majority vote of the membership of their body. Failure to comply with this subsection may result in the removal and replacement of the official found to be in noncompliance by majority vote of the Village Board.

§ 12-10 Rules of procedure; quorum.

A. 
Except as provided herein, the provisions of §§ 81-17 through 81-21 of this Code relating to rules of procedure for the Village Board, together with Robert's Rules of Order, shall, as far as applicable, also apply to committee, board and commission meetings.
B. 
A simple majority of the members of a committee or commission shall constitute a quorum.

§ 12-11 Housing Grant Authority. [1]

The Housing Grant Authority is hereby established for the purpose of approving local policies, reviewing loan applications, resolving complaints and disputes within the program and making emergency loan awards.
A. 
Appointment. The Village President shall appoint, with the confirmation of the majority of members of the Village Board, five resident persons.
B. 
Trustee member. One of the members shall be a member of the Village Board and shall serve during their term of office as Trustee.
C. 
Non-Board members. Two members shall be appointed to three-year terms, and two members shall be appointed to four-year terms.
D. 
Compensation. Compensation may be established by the Village Board for service on the Housing Grant Authority.
E. 
Program administrator. A program administrator will be designated to publicize the program, receive applications, verify applicant eligibility and make funding recommendations to the CDBG Housing Grant Authority. A private consultant may be chosen to administer the CDBG Housing Program.
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 12-12 Board of Health. [1]

The Village Board of Health shall consist of three members, who shall be appointed for one-year terms by the Village President, subject to confirmation by the Village Board.
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II).