[HISTORY: Adopted by the Village Board of
the Village of Belgium 11-21-1991 by Ord. No. 16-91 as Title 2, Ch. 2, of
the 1991 Code. Amendments noted where applicable.]
The Trustees of the Village of Belgium 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 Belgium 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.
Residency. Members of the Village Board shall be residents
of the Village at the time of their election and during their term
of office.
C.
Appointment as President. A Village Trustee shall
be eligible for appointment as Village President to fill an unexpired
term.
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.
Committee appointments. Standing committees of the
Village are appointed by the Village President, subject to confirmation
by the Village Board, and shall each consist of three members of the
Village Board. 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.
B.
Committees established. The following standing committees
are established:
[Amended 10-11-2010 by Ord. No. 22-10; 12-10-2018 by Ord. No. 12-18]
C.
President to designate chairpersons.
(1)
The President shall designate the chairperson of each
standing committee. All committee appointments, except designation
of chairperson, shall be subject to confirmation by a majority vote
of the Board.
(2)
All Trustees shall serve on at least one standing
committee. The Village President shall be an ex officio member of
each standing committee or may be appointed to serve as a member of
a specific committee.
(3)
The Village President may declare the entire Board
a committee of the whole for informal discussion at any meeting or
for any other purpose and shall ex officio be chairperson of the same.
(4)
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.
D.
Committee reports. Each committee shall, at the next
regular Board meeting, submit 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. Any committee may
require any Village officer or employee to confer with it and supply
information in connection with any matter pending before it.
E.
Ambiguity of committee authority. In case of ambiguity
or apparent conflict between the preceding definition of committee
authority and a definition, in this Code, of the authority of a Village
officer, employee, board, or association, the latter shall prevail.
A.
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.[1] 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.[1]
The 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 an annual salary be paid the President and Trustees. Salaries
heretofore established shall so remain until changed by ordinance
and shall not be increased or diminished during their terms of office.
A.
Regular meetings of the Village Board shall be held
on the second Monday 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 Monday, or at
such other date and time as the Village Board shall designate. When
the Village Board designates a date and time for the regular Board
meeting, notice thereof shall be posted at the Village Hall in the
Village of Belgium. All meetings of the Board shall be held at the
Village Hall, unless specified otherwise in the minutes of the preceding
meeting or by written notice posted at the regular meeting place at
least two hours prior to any emergency meeting. In any event, all
Board meetings shall be held within the boundaries of the Village.
[Amended 9-13-1993 by Ord. No. 27A-93; 4-3-1995 by Ord. No. 8-95; 9-13-1999 by Ord. No. 40-99]
B.
Annual organization meeting. The Village Board may
hold an annual meeting on the third Tuesday of April for the purpose
of organization.
[Amended 1-12-2004 by Ord. No. 3-04]
C.
Board minutes. The Village Clerk shall keep a record
of all Board proceedings and may cause the proceedings to be posted
in three places.
[Amended 3-8-2010 by Ord. No. 2-10]
A.
Special meetings of the Board may be called by the Village President, or by two Trustees filing a request with the Village Clerk at least 48 hours prior to the time specified for such meeting. The Village Clerk 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. The Village Clerk shall cause an affidavit 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 Ch. 19, Subch. V, Wis. Stats. The Village Clerk shall give notice immediately upon the call for such meeting being filed with him.
[Amended 3-8-2010 by Ord. No. 2-10]
B.
In the event all of the Trustees file a written consent
or waiver of notice, any special meeting shall be held forthwith,
but not less than two hours after the required notice is provided
under § 19.84(3), Wis. Stats.
C.
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.
D.
Whenever a special meeting is held at the request
of a person, firm or corporation for the purpose of that person, firm
or corporation seeking a permit, approval or other action required
of the Village Board, the person, firm or corporation shall pay a
fee to the Village Clerk prior to said special meeting in the sum
as set by the Village Board to help defray the cost of administration
and conducting said meeting.
[Added 7-13-1998 by Ord. No. 15-98; amended 1-12-2004 by Ord. No. 3-04]
B.
Adjournment of meetings. Regular sessions of the Village
Board may be adjourned from time to time for later reconvening. Any
regular session of the Board may be adjourned for later reconvening
as many times as the Board may determine to be necessary, advisable
or convenient. Said adjournment may be made for a new reconvening
time later in the same day or in a subsequent day. Any such adjournment
may provide for reconvening at the same place or another place. 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.
Four 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 President shall be
counted in computing a quorum.
B.
When the presiding officer shall have called the members
to order, the Village Clerk shall proceed to call the roll, 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, the 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.
[Amended 3-8-2010 by Ord. No. 2-10]
[Amended 3-8-2010 by Ord. No. 2-10]
A.
Village President to preside. The Village President
shall preside over meetings of the Village Board. In the absence of
the Village President, the President Pro Tem shall preside. In case
of absence of the Village President and President Pro Tem, the Village
Clerk shall call the meeting to order and the Trustees present shall
elect one of their number Acting President Pro Tem.
B.
President Pro Tem. The Village Board, at its first
meeting subsequent to the regular election and qualification of new
members, shall, after organization, choose from its members a President
Pro Tem, who, in the absence of the President, shall preside at meetings
of the Board and, during the absence or inability of the Village President,
shall have the powers and duties of the Village President, except
that he shall not have the power to approve an act of the Board which
the Village President has disapproved by filing objections with the
Village Clerk.
C.
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. In the absence of the Village Clerk, the presiding
officer shall appoint a Village Clerk Pro Tem.
A.
At all meetings, the following order shall be observed
in conducting the business of the Village Board:
[Amended 1-13-2020 by Ord. No. 1-20]
(1)
Call to order by presiding officer.
(2)
Roll call. (If a quorum is not present, the meeting
shall thereupon adjourn, which may be to a specified date.)
(3)
Reading, correcting and approval of the minutes of
the last preceding meeting or meetings and approval of agenda.
(4)
Committee reports.
(5)
Old or unfinished business.
(6)
New business.
(7)
Any other business permitted by law.
(8)
Adjourn.
B.
Order to be followed. No business shall be taken up
out of order unless authorized by the Village President or by majority
consent of all Trustees and in the absence of any debate whatsoever.
A.
Ordinances to be in writing. All ordinances or bylaws
submitted to the Board shall be in writing and shall include at the
outset a brief statement of the subject matter and a title. Resolutions
shall be in writing at the request of one Trustee; such request shall
be nondebatable. Unless requested by a Trustee before a final vote
is taken, no ordinance, resolution or bylaw need be read in full.
Resolutions may be referred to an appropriate standing committee for
an advisory recommendation.
B.
Subject and numbering of ordinances. Each ordinance
shall be related to no more than one subject. Amendment or repeal
of ordinances shall only be accomplished if the amending or repealing
ordinance contains the number and title of the ordinance to be amended
or repealed, and the title of amending and repealing ordinances shall
reflect their purpose to amend or repeal.
C.
Notice.
(1)
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.
(2)
Ordinances will be placed on the agenda for Board
action only if they are submitted to the Village Clerk in written
form prior to the meeting at which action is requested.
[Amended 3-8-2010 by Ord. No. 2-10]
D.
Disposition of petitions, communication, etc. Every
petition or other writing of any kind addressed to the Village Board,
or to the Village Clerk 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.
[Amended 3-8-2010 by Ord. No. 2-10]
[Amended 2-12-1996 by Ord. No. 3-96]
A.
All general ordinances of the Village and all regulations
imposing any penalty shall be posted according to state law and shall
be immediately recorded, with the affidavit of posting, by the Village
Clerk 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 and recording
thereof.
[Amended 3-8-2010 by Ord. No. 2-10]
B.
All ordinances shall take effect and be in force from
and after passage and posting thereof, unless otherwise provided.
A.
A roll call shall not be necessary on any questions
or motions except as follows:
(1)
When the ayes and noes are requested by any member.
(2)
On confirmation and on the adoption of any measure
assessing or levying taxes, appropriations or disbursing money or
creating any liability or charge against the Village or any fund thereof
in excess of $10,000.
(3)
When required by the state statutes of Wisconsin.
B.
Except as provided below, the Village Board shall
in all other respects determine the rules of its procedure, which
shall be governed by Robert's Rules of Order Revised (1984), which
is hereby incorporated by reference, unless otherwise provided by
ordinance or statute, except when otherwise limited or modified by
this Code.
(1)
No Trustee shall address the Board until he has been
recognized by the presiding officer. He shall thereupon address himself
to the Board and confine his remarks to the question under discussion
and avoid all personalities.
(2)
When two or more members simultaneously seek recognition,
the presiding officer shall name the member who is to speak first.
(3)
No person other than a member shall address the Board
except under order of business, except that citizens may address the
Board with permission of the presiding officer as to matters which
are being considered by the Board at the time.
(4)
When a question is in debate, no action shall be in
order except the following, and these several motions shall have precedence
in the order in which they stand:
When a question has been once decided, any member
of the majority or, in case of a tie, any member voting in the affirmative
may move a reconsideration thereof, but if a motion to reconsider
is made on a day subsequent to that on which the ordinance question
was decided, a vote of the majority of the entire Board shall be required
to sustain it.
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.
The rules of this chapter shall not be rescinded
or amended unless the proposed amendment or motion to rescind has
laid over from a regular meeting, and then it shall require a vote
of 2/3 of all the members of the Board.
These rules shall not be suspended except by
a two-thirds vote of all the members of the Board.
