[HISTORY: Adopted by the Village Board of the Village of
Woodville 8-13-1996 (Secs. 2-1-1 and 2-1-3 and Ch. 2 of Title 2 of the 1996 Code). Amendments
noted where applicable.]
The Village of Woodville is a body corporate and politic with
the powers of a municipality at common law and governed by the provisions
of Chs. 61 and 66, Wis. Stats., laws amending those chapters, other
acts of the Legislature and the Constitution of the State of Wisconsin.
The official Village newspaper shall be determined annually
in April by the Village Board, to be used for the publication of legal
and/or official notices and documents when publication is used instead
of posting as allowed by Wisconsin law.
The Trustees of the Village of Woodville shall constitute the
Village Board. The Village Board shall be vested with all the powers
of the Village not specifically given some other officer, as well
as those powers set forth elsewhere throughout this Code.
A.
Election; term; number. The Village of Woodville shall have six Trustees
in addition to the President, who is a Trustee by virtue of his office
as President. The six Trustees shall constitute the Village Board.
Three Trustees shall be elected at each annual spring election for
a term of two years, commencing on the third Tuesday of April in the
year of their election.
B.
Appointment as President. A Village Trustee shall be eligible for
appointment as Village President to fill an unexpired term.
C.
Residency.
Members of the Village Board shall be residents of the Village at
the time of their election and during their terms of office.
A.
Election. The Village President shall be elected at the annual spring
election in odd-numbered years for a term of two years, commencing
on the third Tuesday of April in the year of his election.
B.
Duties. The Village President shall by virtue of his office be a
Trustee and preside at all meetings of the Board, have a vote as Trustee,
and sign all ordinances, rules, bylaws, regulations and commissions
adopted or authorized by the Board and all orders drawn on the treasury.
He shall maintain peace and good order, see that the Village ordinances
are faithfully obeyed, and in case of disturbance, riot or other apparent
necessity appoint as many special marshals as he shall deem necessary,
who for the time being shall possess all the powers and rights of
constables.
A.
Standing
committees.
(1)
Standing committees of the Village are appointed by the Village President, subject to confirmation by the Village Board. The committees listed in Subsection A(2) shall consist of the members designated. The appointments to each committee shall be made at the annual organizational meeting of the Village Board. Standing committees shall review such matters as may be referred to them by the Village Board and shall submit recommendations for Board action.
(2)
The
following standing committees are established:
(a)
Budget and Finance Committee (three Trustees).
(b)
Municipal Buildings and Equipment Committee (three Trustees).
(c)
Personnel Committee (three Trustees).
(d)
Streets, Sidewalks and Lights Committee (three Trustees).
(e)
Water and Sewer Committee (three Trustees).
(f)
Manufactured Home Park Committee (three Trustees).
[Amended 7-9-2013]
(g)
Park and Recreation Committee (three Trustees).
[Amended 7-9-2013]
(h)
Public Protection Committee (three Trustees).
[Amended 7-9-2013]
(i)
Visions Committee (one Trustee).
[Amended 6-10-2014]
(3)
The
Village President shall designate the chairperson of each standing
committee, subject to Board confirmation. All committee appointments
shall be subject to confirmation by a majority vote of the Board.
(4)
All
Trustees shall serve on at least one standing committee. The Village
President may be appointed to serve as a member of a specific committee.
B.
Special
committees. The Village President may, from time to time, appoint
such special committee or committees as he deems advisable or as provided
for by motion or resolution by the Board, stating the number of members
and object thereof, to perform such duties as may be assigned to them.
All special committees shall cease to exist after the Village Board's
organizational meeting unless reappointed by the Village President
or extended by the Village Board.
C.
Committee reports.
(1)
All committees are subunits of the Village Board and perform no executive
or administrative Village function other than as specifically authorized
by ordinance or policy adopted by the Village Board.
(2)
Each committee shall give the full Board a report on all matters
referred to it. Such report shall recommend a definite action on each
item and shall be approved by a majority of the committee. Each committee
report shall include the date, time, and place of the meeting and
the members attending. Each such committee report, verbal or written,
is deemed to be the product of the entire committee, whether any item
therein is approved unanimously or not. Each such report should provide
all necessary historical background to familiarize the Board with
the issue.
(3)
If a committee member in a particular committee disagrees with the
position taken by the committee on an issue, such member may address
the Board with the minority position. The Board shall permit one committee
member supporting the majority position equal time to address the
Board on such issue.
D.
Ambiguity of committee authority. In case of ambiguity or apparent
conflict between the preceding definition of committee authority and
a definition, in these ordinances, of the authority of a Village officer,
employee, board, or association, the latter shall prevail.
E.
Cooperation of Village officers. All Village officers shall, upon
request of the chairperson of any committee, confer with the committee
and supply such information as the committee may request upon any
pending matter.
A.
General. The Village Board shall be vested with all the powers of
the Village not specifically given some other officer. Except as otherwise
provided by law, the Village Board shall have the management and control
of the Village property, finances, highways, streets, navigable waters
and the public service and shall have the power to act for the government
and good order of the Village, for its commercial benefit and for
the health, safety, welfare and convenience of the public and may
carry its powers into effect by license, regulation, suppression,
borrowing, taxation, special assessment, appropriation, fine, imprisonment
and other necessary or convenient means. The powers hereby conferred
shall be in addition to all other grants and shall be limited only
by express language.
B.
Acquisition and disposal of property. The Village Board may acquire
property, real or personal, within or without the Village, for parks,
libraries, historic places, recreation, beautification, streets, waterworks,
sewage or waste disposal, harbors, improvement of watercourses, public
grounds, vehicle parking areas and for any other public purpose; may
acquire real property within or contiguous to the Village, by means
other than condemnation, for industrial sites; may improve and beautify
the same; may construct, own, lease and maintain buildings on such
property for instruction, recreation, amusement and other public purposes;
and may sell and convey such property. Condemnation shall be as provided
by the Wisconsin Statutes.
C.
Acquisition of easements and property rights. Confirming all powers
granted to the Village Board and in furtherance thereof, the Board
is expressly authorized to acquire, by gift, purchase or condemnation
under the Wisconsin Statutes, any and all property rights in lands
or waters, including rights of access and use, negative or positive
easements, restrictive covenants, covenants running with land, scenic
easements and any rights for use of property of any nature whatsoever,
however denominated, which may be lawfully acquired for the benefit
of the public or for any public purpose, including the exercise of
powers granted under §§ 61.35 and 62.23, Wis. Stats.,
and may sell and convey such easements or property rights when no
longer needed for public use or protection.
D.
Village finances. The Village Board may levy and provide for the
collection of taxes and special assessments; may refund any tax or
special assessment paid, or any part thereof, when satisfied that
the same was unjust or illegal; and generally may manage the Village
finances. The Village Board may loan money to any school district
located within the Village or within which the Village is wholly or
partially located in such sums as are needed by such district to meet
the immediate expenses of operating the schools thereof, and the board
of the district may borrow money from such Village accordingly and
give its note therefor. No such loan shall be made to extend beyond
August 30 next following the making thereof or in an amount exceeding
1/2 of the estimated receipts for such district as certified by the
State Superintendent of Public Instruction and the local school clerk.
The rate of interest on any such loan shall be determined by the Village
Board.
E.
Construction of powers. Consistent with the purpose of giving to
villages the largest measure of self-government in accordance with
the spirit of the home rule amendment to the Constitution, the grants
of power to the Village Board in this section and throughout this
Code shall be liberally construed in favor of the rights, powers and
privileges of villages to promote the general welfare, peace, good
order and prosperity of the Village and its inhabitants.
The Village Board, on behalf of the Village, may join with other
counties, villages, cities, towns or other governmental entities in
a cooperative arrangement for executing any power or duty in order
to attain greater economy or efficiency, including joint employment
of appointive officers and employees.
The Village President and other Trustees who make up the Village
Board, whether operating under general or special law, may by majority
vote of all the members of the Village Board determine that a salary
be paid the President, Trustees, and other Village officials and employees.
The salaries and compensation to be paid to Village officers and employees
shall be annually determined by resolution of the Village Board.
A.
Regular meetings. Regular meetings of the Village Board shall be
held on the second Tuesday of each calendar month at 7:00 p.m. local
time, except when the day so designated falls on a legal holiday,
in which case the regular meeting shall be held the following day,
or at such other date and time as the Village Board shall designate.[1]
C.
Board minutes. The Village Clerk-Treasurer shall keep a record of
all Board proceedings and cause the proceedings to be published.
A.
Special meetings of the Board may be called by the Village President,
or by two Trustees filing a request with the Village Clerk-Treasurer
at least 48 hours prior to the time specified for such meeting. The
Village Clerk-Treasurer shall select the day for the special meeting
and immediately notify each Trustee of the time and purpose of such
meeting. The notice shall be delivered or mailed to each Trustee personally
or left at his usual place of abode a minimum of 24 hours prior to
the meeting time. (An emergency meeting, as defined by the Wisconsin
Statutes, may be called with a minimum of two hours' notice.)
The Village Clerk-Treasurer shall cause a record of such notice to
be filed in his office prior to the time fixed for such special meeting.
No business shall be transacted at a special meeting except for the
purpose stated in the notice thereof. Notice to the public of special
meetings shall conform to the open meeting requirements of § 61.32
and Chapter 19, Subchapter V, Wis. Stats. The Village Clerk-Treasurer
shall give notice immediately upon the call for such meeting being
filed with him.
B.
The request for any special meeting shall state the purpose for which
the meeting is to be called, and no business shall be transacted but
that for which the meeting has been called. Individuals requesting
a special meeting of the Village Board shall be required to pay a
fee as set by the Village Board for such meeting. A request may be
submitted to the Village Board that this fee be waived.[1]
A.
Open Meeting Law compliance. All meetings of the Village Board and
subunits thereof shall be open to the public as provided in §§ 19.81
through 19.98, Wis. Stats. Public notice of all such meetings shall
be given as provided in § 19.84, Wis. Stats.
B.
Adjournment of meetings. An adjournment to a closed session may be
only for a permitted purpose as enumerated in § 19.85, Wis.
Stats., and must meet the other requirements of said § 19.85,
Wis. Stats.
C.
Meetings to be open. During the holding of any open session in the
regular meeting room or in the substituted meeting room, said room
and said meeting shall at all times be open and remain open to all
citizens.
D.
Closed meetings. The provisions of this Code do not prohibit the
Board or any committee thereof from having a closed meeting which
is legally convened and legally held in a room in said building other
than the official meeting room or in some other building in the Village.
A.
A majority of the members of the Village Board shall constitute a
quorum, but a lesser number may adjourn or compel attendance of absent
members if a majority is not present. The Village President shall
be counted in computing a quorum.
B.
When the presiding officer shall have called the members to order,
the Village Clerk-Treasurer shall record the attendance, noting who
is present and who is absent, and if, after having gone through with
the call, it shall appear that a quorum is not present, that fact
shall be entered in the minutes, and the members present may adjourn
to a later date in the month. If they do not establish the next meeting
date, the Village Board shall stand adjourned to the time appointed
for the next regular meeting unless a special meeting is called sooner.
A.
Village President to preside. The Village President shall preside
over meetings of the Village Board. In case of absence of the Village
President, the Village Clerk-Treasurer shall call the meeting to order
and the Trustees present shall elect one of their number Acting President.
B.
Duties. The presiding officer shall preserve order and decorum, decide
all questions of order, and conduct the proceedings of the meeting
in accordance with the parliamentary rules contained in Robert's
Rules of Order, unless otherwise provided by statute or by these rules.
Any member shall have the right to appeal from a decision of the presiding
officer. Such appeal is not debatable and must be sustained by a majority
vote of the members present, excluding the presiding officer.
A.
Agenda.
(1)
The order of business at all regular or special meetings shall be
according to the agenda prepared by the Clerk-Treasurer. All matters
to be presented at a Board meeting shall be filed with the Clerk-Treasurer
no later than 4:30 p.m. on the Monday preceding the scheduled regular
Board meeting to enable the Clerk-Treasurer to prepare the agenda
and all attachments and distribute the same to the Village Board.
Matters filed after 4:30 p.m. on the Monday preceding the Board meeting
will not be placed upon the agenda. The President may waive the filing
deadline for emergency cause shown.
(2)
A submitting department shall include copies of all material necessary
to consider the agenda item.
(4)
The Clerk-Treasurer shall afford the Trustees reasonable notice of
agenda items as each situation allows.
B.
Order of business. Current Village Board policy determines the order
of business.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II). Original Sec. 2-2-14(c), Order to be followed, and (d), Recognition of visitors, which immediately followed this subsection, were deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A.
Ordinances. All ordinances and resolutions shall be prepared as follows:[1]
(1)
Each ordinance or resolution shall include a note stating the purpose
thereof prepared by the sponsor. All ordinances submitted to the Board
shall be in writing and shall include at the outset a brief statement
of the subject matter and a title.
(2)
The sponsor of an ordinance or resolution may be the President, one
or more Trustees, a department head or a committee, board, or commission.
The Clerk-Treasurer or the Village Attorney may sponsor ordinances
or resolutions when changes in state law make it necessary or desirable
for the Village to act rapidly.
(3)
Each ordinance or resolution may contain both a recommended referral
to appropriate subunits of the Board and a fiscal note showing the
contemplated fiscal impact, if any, of the proposal.
(4)
The Clerk-Treasurer may reject any ordinance or resolution from placement
on the agenda which fails to comply with this section.
(5)
Resolutions shall be in writing at the request of one Trustee; such
request shall be nondebatable.
(6)
Unless requested by a Trustee before a final vote is taken, no ordinance,
resolution or bylaw need be read in full.
B.
Notice. The Village Board may take action on an ordinance only if
it appears on the written agenda for the meeting at which action is
requested.
D.
Disposition of petitions, communication, etc. Every petition or other
correspondence from citizens addressed to the Village Board or to
the Village Clerk-Treasurer or other Village officer for reference
to the Village Board shall be delivered by such other Village officer
to the Village President or to the presiding officer of the Board
as soon as convenient after receipt of the same, and in any event
prior to or at the opening of the next meeting of the Village Board
following the receipt of the same. Every such petition or other writing
and every paper, communication or other proceeding which shall come
before the Board for action may be referred by the Village President
or presiding officer to the appropriate committee or commission, unless
objected to by some member of the Board.
E.
Reference and reports. The presiding officer may refer new business
coming to the Board to the appropriate Board committee unless otherwise
referred or acted upon by the Village Board. All referrals, unless
otherwise provided for in the referral, shall be reported on at the
next regular Board meeting. Village Board motions based upon committee
or commission action are permissible only on items specifically on
the agenda.
A.
All general ordinances of the Village and all regulations imposing
any penalty shall be published as provided in § 61.50(1),
Wis. Stats., in the official paper of the Village once or posted according
to state law and shall be immediately recorded by the Village Clerk-Treasurer
in a book kept for that purpose and/or the Village Code. A printed
copy of such ordinance or regulation in any book, pamphlet or newspaper
and published or purporting to be published therein by direction of
the Village Board shall be prima facie proof of due passage, publication
and recording thereof.[1]
B.
All ordinances shall take effect and be in force from and after passage
and publication/posting thereof, unless otherwise provided.
B.
Record of votes. All aye and nay votes and abstentions shall be recorded
in the official minutes. The ayes and nays shall be ordered upon any
question at the request of any member of the Village Board.[1]
C.
Parliamentary procedure. The Village Board shall in all respects
determine the rules of its procedure, which shall be governed by Robert's
Rules of Order, which is hereby incorporated by reference, unless
otherwise provided by ordinance or statute, except when otherwise
limited or modified by this Code.[2]
D.
Compelling votes. No member may be compelled to vote. When a member
abstains from voting, the effect is the same as if the member voted
on the prevailing side. The "prevailing side" is defined as the votes
accumulated which resulted in carrying or defeating a question. In
case of a tie vote (not including the abstention), the abstaining
vote is considered a "nay." In case of a vote requiring approval by
more than a simple majority, an abstaining vote is considered an "aye."
E.
Majority vote. Unless a larger number is required by statute, ordinance
or bylaw, a majority vote of those present at a legally constituted
meeting is necessary to carry a question.
Any member voting on the prevailing side may move for reconsideration
of the vote on any question at that meeting or the next succeeding
regular meeting, except those which cannot be reconsidered pursuant
to Robert's Rules of Order. A Trustee may not change his vote
on any question after the result has been announced.
The Village Board has the power to preserve order at its meetings.
Whenever any disturbance or disorderly conduct shall occur in any
of the meetings of the Board, the President may cause the room to
be cleared of all persons causing such disorderly conduct.
These rules shall not be suspended except by a two-thirds vote
of all the members of the Board.