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Village of East Troy, WI
Walworth County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Board of the Village of East Troy 4-3-2000 by Ord. No. 2000-2 as Title 2, Ch. 4, of the 2000 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Emergency Government Committee — See Ch. 44.
A. 
Organization. The Board of Review shall consist of the Village President, the Village Clerk and two members and one or more alternate members who are citizens of the Village and may be, but are not required to be, elected or appointed officials or public employees, with the exception of the Village Assessor, and are appointed by the Village President in odd-numbered years, for terms of two years, commencing on May 1. If more than one alternate is appointed, the President shall designate one of the existing or newly appointed alternates as first alternate, one as second alternate, and so forth to establish the priority of all alternate members. The Assessor shall attend all meetings of the Board of Review but shall not vote.
[Amended 12-16-2019 by Ord. No. 2019-18]
B. 
Compensation. Members of the Board of Review shall not receive compensation for serving on the Board of Review. Village officials shall not receive compensation beyond that which they receive for serving as Village officials.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
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. The Board may adjourn from day to day, or from time to time, until such time as its business is completed, provided that adequate notice of each adjournment is so given.
E. 
Clerk. The Village Clerk shall act as Clerk of the Board of Review and shall keep an accurate record of all its proceedings.
[Amended 12-16-2019 by Ord. No. 2019-18]
F. 
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 East Troy 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.
G. 
Confidentiality of income and expenses. This subsection adopts by reference § 70.47(7)(af), Wis. Stats. Income and expense information provided by a property owner to the Assessor for the purposes of establishing the valuation for assessment purposes by the income method of valuation shall be confidential and not a public record open to inspection or copying under § 19.35(1), Wis. Stats. An officer may make disclosure of such information under the following circumstances:
(1) 
The Assessor has access to such information in the performance of his/her duties.
(2) 
The Board of Review may review such information when needed, in its opinion, to decide upon a contested assessment.
(3) 
Another person or body has the right to review such information due to the intimate relationship to the duties of an office or as set by law.
(4) 
The officer is complying with a court order.
(5) 
The person providing the income and expense information has contested the assessment level at either the Board of Review or by filing a claim for excessive assessment under § 74.37, Wis. Stats., in which case the base records are open and public.
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 510, Zoning, of the Village Code, and this section. The laws of the state and Village ordinances shall prevail in that order. The Zoning Board of Appeals shall consist of five citizen members and at least 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.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Powers. The Zoning Board of Appeals shall have the powers prescribed in Chapter 510, Zoning, § 510-148.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
C. 
Meetings 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 at the Municipal Building. Public notice of all regular and special meetings shall be given to the public and news media as required by the Wisconsin Open Meeting 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.
[Amended 6-15-2015 by Ord. No. 2015-02]
(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 and shall be public record. The Board shall adopt its own rules of procedure, not in conflict with this Code of Ordinances or with the applicable Wisconsin Statutes.
[Amended 12-16-2019 by Ord. No. 2019-18]
(6) 
No Board member shall participate in the decision on 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 preservation of records, documents and accounts.[4]
[4]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
Composition. The Village Plan Commission shall consist of seven members who shall be the following: the Village President, who shall be its presiding officer, a Village Trustee, and five citizen members who shall serve for three-year terms, one of whom may be, but is not required to be, a member of the Park and Recreation Board.
B. 
Appointment.
(1) 
Trustee member. The Trustee member shall be annually appointed by a majority vote at the first regularly scheduled Board of Trustees meeting after the April election.
(2) 
Citizen members.
(a) 
The five citizen members shall be appointed by the Village President for a term of three years during the month of April and have terms expiring April 30, subject to Village Board approval.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(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. 
Record. The Plan Commission shall keep a written record of its proceedings, to include all actions taken, a copy of which shall be filed with the Village Clerk. Four members shall constitute a quorum, but all actions shall require the affirmative approval of a majority of all of the members of the Commission.
[Amended 12-19-2019 by Ord. No. 2019-18]
D. 
Duties.
(1) 
The Comprehensive Plan.[2]
(a) 
The Plan Commission 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 Plan Commission'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 Commission'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 Commission 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 Plan Commission, subject to confirmation by the Village Board. The resolution shall refer expressly to the maps, descriptive matter and other matters intended by the Commission 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 Commission, 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 Plan Commission and the Village Board in the performance of their duties.
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(2) 
Matters referred to Plan Commission. The Village Board or officer of the Village having final authority thereon shall refer to the Plan Commission 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 Commission may make reports and recommendations relating to the plan and development of the Village to public officials and agencies; civic, education, 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 Commission, within a reasonable time, such available information as it may require for its work. The Commission, its members and employees, in the performance of its function, may enter upon any land, make examinations and surveys, and place and maintain necessary monuments and markers thereon. In general, the Commission 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 Commission shall oversee community development block grants. The Village Board may refer to the Commission 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 Commission 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 Commission. Citizen members shall take the official oath required by § 19.01, Wis. Stats., which shall be filed with the Village Clerk.
[Amended 12-19-2019 by Ord. No. 2019-18]
F. 
Organization. As soon as all members of the first Commission shall have been appointed, the Village Clerk 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 Commission shall elect a Secretary who shall keep a written record of its proceedings, to include all actions taken, a copy of which shall be filed with the Village Clerk.
[Amended 12-19-2019 by Ord. No. 2019-18]
G. 
Employees; budget. The Plan Commission 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 Commission shall utilize the services of existing Village officials and employees.
H. 
Rules of procedure; report. The Plan Commission is hereby authorized to adopt rules governing its own proceedings. The Commission shall make a monthly report, with such general recommendations as to matters covered by its prescribed duties and authority as seem proper.
[Amended 6-15-2015 by Ord. No. 2015-02]
A. 
Organization; terms.
(1) 
There is hereby created, pursuant to Ch. 43, Wis. Stats., a municipal Library Board for the Village, consisting of seven members. Membership shall consist of three citizens and one Trustee member appointed by the Village President, subject to confirmation by the Village Board, one representative appointed by the School District and two representatives appointed by Walworth County. Pursuant to § 43.54(1), Wis. Stats., up to two members of the Library Board may be residents of towns adjacent to the Village.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(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 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 practical 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 of a President and such other officers that they deem necessary and prescribe and adopt rules and regulations for the operation of the library.[2]
[2]
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, Wis. Stats., and more particularly set forth in § 43.58, Wis. Stats.
A. 
Established. Pursuant to the provisions of §§ 27.08(1) and 27.13, Wis. Stats., there is hereby created a Park and Recreation Board for the Village.
B. 
Membership; compensation.
[Amended 6-15-2015 by Ord. No. 2015-02]
(1) 
The Park and Recreation Board shall consist of seven members who shall be appointed by the Village President, subject to confirmation by a majority vote of the Village Board.
(2) 
One member shall be a Village Trustee.
(3) 
The members shall serve without compensation.
C. 
Presiding officer. The presiding officer shall be a Chairperson elected annually by a majority of the full Board.
D. 
Secretary appointment. The Secretary shall be appointed by the Chairperson.
E. 
Oaths. Official oaths shall be taken by all members in accordance with § 19.01, Wis. Stats., within five days of receiving notice of their appointments.
[Amended 6-15-2015 by Ord. No. 2015-02]
F. 
Terms. Those members appointed by the Village President shall serve for two years, commencing on May 1, except that when the Board is first constituted, three members shall be appointed for a term of one year. The Trustee member shall be appointed annually by the Village President, subject to confirmation by the Village Board.
[Amended 6-15-2015 by Ord. No. 2015-02]
G. 
Vacancy filling. Vacancies shall be filled for unexpired terms in the same manner as appointments for the full term.
[Amended 6-15-2015 by Ord. No. 2015-02]
H. 
Adoption of rules. The Park and Recreation Board shall organize and adopt rules for its own governance in accordance with the provisions of this section. These rules shall be submitted to the Village Board for approval, rejection or modification and shall not become effective until approved by the Village Board.
I. 
Meetings. Regular meetings shall be held monthly and special meetings at the call of the President or a majority of the full Board. No more than one meeting per quarter may be canceled. All meetings shall be open to the public.
[Amended 12-16-2013 by Ord. No. 2013-13; 9-19-2016 by Ord. No. 2016-11]
J. 
Standing and special committees. Standing and special committees may be created by the Board and members of the committees appointed by the Chairperson.
K. 
Quorum. A quorum shall be four members, but all actions shall require approval of a majority of the full Board, except on a motion to adjourn.
L. 
Records; copies on file. A written record shall be kept showing all actions taken, resolutions, findings, determinations, transactions and recommendations made. A copy shall be filed with the Village Clerk as a public record.
[Amended 12-16-2019 by Ord. No. 2019-18]
M. 
Powers and duties. The Park and Recreation Board, subject to the approval of the Village Board, except in instances expressly otherwise provided in this section or in any other ordinance of the Village, shall have such powers and duties and be subject to such limitations as provided in § 27.08(2), (5) and (6), Wis. Stats. The following powers are authorized:
(1) 
To appoint such agents and employees as may be necessary to carry out its functions, subject to approval of and appropriations and regulations made by the Village Board.
(2) 
To make reports and recommendations relating to park and recreation development in the Village to the Village Board.
(3) 
To recommend park, recreation and open space land acquisition and development programs and the financing thereof to the Village Board.
(4) 
To recommend improvements to Village parks and open spaces and the financing thereof to the Village Board.
(5) 
To recommend to the Village Board recreation programs and, upon approval of the Village Board, to coordinate such programs.
(6) 
To request information that is available to the public from any Village official to be furnished within a reasonable time. Other information requested shall be provided in the sole discretion of the official unless release of such information is prohibited by law.
(7) 
To prepare and recommend to the Village Plan Commission that component of the Village Comprehensive Plan pertaining to park, recreation and related open space development in the Village.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(8) 
To consider and report or recommend on all matters referred to it by the Village Board.
(9) 
To submit to the Village Board:
(a) 
Prior to September 1 in each year, an estimate of the expenditures to be made by the Park and Recreation Board during the ensuing calendar year, including an estimate of the amount necessary for the purchase and improvement of land for parks, parkways, boulevards, pleasure drives and related park and recreation areas as provided in § 27.10(1)(a), Wis. Stats. The inclusion of any such estimate or sum in the Village budget or in any appropriation or levy ordinance of the Village shall not constitute Village Board approval of the transaction to which the estimate or sum relates.
(b) 
Prior to March 1 in each year, a detailed report of all its transactions for the preceding year, together with an itemized account of all receipts and expenditures, a list of employees and an inventory of property in charge of the Board, as provided in § 27.10(1)(a), Wis. Stats.
N. 
Jurisdiction of Police Department. All Village parks, parkways, boulevards and pleasure drives maintained and controlled in or by the Village shall be subject to the supervision by and the jurisdiction of the Police Department and shall be subject to the ordinances of the Village.
O. 
Enactment of ordinances. The Park and Recreation Board shall prepare and recommend to the Village Board the enactment of such ordinances as it deems necessary to protect and preserve the parks, parkways, boulevards and pleasure drives in the Village, or under its charge, or to secure the free and reasonable use thereof by the public. The Village Board may adopt such proposed ordinances as it deems will be suitable for the purposes stated or such other ordinances so deemed.
The joint Booth Lake Memorial Park Board of the Village of East Troy, the Town of East Troy and the Town of Troy shall consist of six representatives, two of whom shall be appointed by the Village Board. The appointments shall be made annually. The Village of East Troy appointments shall be made at the organizational meeting by the Village President, subject to confirmation by the Village Board. One member shall be a Trustee and one member a citizen.[1]
[1]
Editor's Note: Original § 2-4-7, Forestry Board, which immediately followed this section, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
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 thereof, in compliance with state law thereon; 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.
[Amended 6-15-2015 by Ord. No. 2015-02]
C. 
Notice to members. Every member of any board, commission or committee of the Village of East Troy 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 within one week of the meeting date. The Village Clerk shall furnish a copy of all minutes filed with him/her to each member of the Village Board. All such minutes shall be public record.
[Amended 12-16-2019 by Ord. No. 2019-18]
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 to 19.89, Wis. Stats.
A. 
Residency. Except for the Library Board or Booth Lake Memorial Park Board, no person not a resident of and not residing in the Village of East Troy shall be appointed in a voting capacity to any Village board, committee or commission. Any board, committee or commission member who moves from the Village shall be removed from such board, committee or commission but may be appointed to serve in an ex officio capacity.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
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 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.
A. 
Except as provided herein, the provisions of §§ 148-18 through 148-22 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 board, committee or commission shall constitute a quorum.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II). Original § 2-4-11, Economic Development Committee, which immediately followed this section, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).