[HISTORY: Adopted by the Town Board of the
Town of Cedarburg 1-2-1991 as Title 2, Ch. 3 and Title 4, Ch. 1 of the 1991 Code.
Amendments noted where applicable.]
A.
Membership. The Town Board consists of the five Supervisors
of the Town of Cedarburg.
B.
Elections.
(1)
There shall be elected one Supervisor from the Town
at large who shall be designated as the "Chairperson" and whose term
shall be for a period of two years.
(2)
There shall be elected four Supervisors from the Town
at large who shall have numbered seats (one through four) and whose
term shall be for a period of two years.
[Amended 10-4-2006 by Ord. No. 2006-11; 4-4-2012 by Ord. No.
2012-8]
(3)
The Town shall elect the Chairperson and Supervisors
with odd-numbered seats in odd-numbered years and Supervisors with
even-numbered seats in the even-numbered years.
[Amended 4-4-2012 by Ord. No. 2012-8]
A.
Charge of Town affairs. The Town Board shall have
charge of all affairs of the Town not committed by law to another
body or officer or to Town employees.
B.
Charge of actions. The Town Board has charge of any
action or legal proceeding to which the Town is a party.
C.
Village powers. As authorized under § 60.10(2)(c), Wis. Stats., and Chapter 48, § 48-2 of this Code, the Town Board shall exercise powers relating to villages and conferred on village boards under Ch. 61, Wis. Stats., except those powers which conflict with statutes relating to towns and town boards.
D.
Jurisdiction of Constable. The Town Board shall determine
the jurisdiction and duties of the Town Constable, if the office is
in existence.
E.
Pursue certain claims of Town. The Town Board shall
demand payment of penalties and forfeitures recoverable by the Town
and damages incurred by the Town due to breach of official bond, injury
to property or other injury. If, following demand, payment is not
made, the Board shall pursue appropriate legal action to recover the
penalty, forfeiture or damages.
The Town Board may:
A.
Joint participation. Cooperate with the state, counties
and other units of government under § 66.0301, Wis. Stats.,
including cooperative arrangements involving the acquisition, development,
remodeling, construction, equipping, operation and maintenance of
land, buildings and facilities for regional projects, whether or not
located in the Town.
B.
Utility districts. Establish utility districts under
§ 66.0827, Wis. Stats., and provide that any convenience
or public improvement in the district be paid for under that section.
A utility district may be used when special services such as streetlighting,
sidewalks, sewers, water systems, etc., are to be installed in a particular
area of the Town only.
C.
Appropriations for civic and other functions. If authorized
under § 60.10(3)(b), Wis. Stats., appropriate reasonable
amounts of money for gifts or donations to be used to:
(1)
Further civic functions and agricultural societies.
(2)
Advertise the attractions, advantages and natural
resources of the Town.
(3)
Attract industry.
(4)
Establish industrial complexes.
(5)
Establish, maintain and repair ecological areas.
(6)
Provide for the organization, equipment and maintenance
of a municipal band or for the employment of other bands to give concerts
and municipal entertainment in the Town.
D.
Town industrial development agency. In order to promote
and develop the resources of the Town, appropriate money for and create
a Town industrial development agency or appoint an executive officer
and provide staff and facilities for a nonprofit organization organized
to act under this subsection. A Town industrial development agency
created under this subsection and § 60.23(4), Wis. Stats.,
may:
(1)
Develop data regarding the industrial needs of, advantages
of and sites in the Town.
(2)
Engage in promotional activities to acquaint prospective
purchasers with industrial products manufactured in the Town.
(4)
Engage in any other activity necessary for the continued
improvement of the Town' industrial climate.
E.
Cooperation in county planning. Cooperate with the
county in rural planning under §§ 27.019, 59.54(4)
and (4m) and 59.69, Wis. Stats.
F.
Conservation of natural resources. If authorized by
the Town Meting under § 60.10(3)(a), Wis. Stats., appropriate
money for the conservation of natural resources or for payment to
a bona fide nonprofit organization for the conservation of natural
resources within the Town or beneficial to the Town. No payment may
be made to a nonprofit organization unless the organization submits
and the Town Board approves a detailed plan of the work to be done.
The plan shall include the name of the owner of any property on which
work is to be performed.
G.
Obstructions in non-navigable waters. Remove, at the
expense of the Town, any obstruction located in the Town which prevents
the natural flow of water in a non-navigable stream. One or more Supervisors,
or a designee of the Board, may enter upon any land if necessary to
remove the obstruction.
H.
Emergency pest and disease control. Appropriate money
for the control of insects, weeds or plant or animal diseases if:
(1)
An emergency arises within the Town due to insects,
weeds or plant or animal diseases; and
(2)
The Board determines that any delay resulting from
calling a Special Town Meeting to authorize the Town Board to appropriate
money for this purpose under § 60.10(3)(c), Wis. Stats.,
would result in serious harm to the general welfare of the Town.
I.
Bowling alleys, pool tables and amusement devices.
Regulate, including the licensing of, bowling alleys, billiard and
pool tables and other amusement devices maintained in commercial facilities.
If a license is required, the Board shall establish the term of the
license, not to exceed one year, and the license fee. The Board may
suspend or revoke, for cause, a license issued under this subsection.
Any person violating a regulation adopted under this subsection shall
forfeit to the Town an amount established by the Town Board.
J.
Reimbursement of school districts for providing transportation
in hazardous areas. Reimburse a school district for costs incurred
by the district under § 121.54(9), Wis. Stats., in transporting
pupils who reside in the Town.
K.
Exchange tax credit for county land. Authorize the
Town Treasurer to exchange any credit the Town has with the county,
arising from delinquent real estate taxes, for county-owned lands.
L.
Associations of towns. Appropriate money to purchase
membership in any association of town boards for the protection of
Town interests and improvement of Town government.
M.
Vacation of alleys. Vacate any alley in the Town under
§ 66.1003, Wis. Stats. The Town Board may not vacate, under
this subsection, an alley adjacent to land fronting a state or county
trunk highway.
N.
Cemeteries. Provide for cemeteries under Ch. 157,
Wis. Stats.
O.
Change street names. Name, or change the name of,
any street in the Town under § 82.03(7), Wis. Stats.
P.
Use of firearms. Regulate the use of firearms and
impose forfeitures for violation of the regulations.
Q.
Fences in subdivisions. Require a subdivider to construct
a fence under § 90.02, Wis. Stats., on the boundary of a
subdivision, as defined under § 236.02(12), Wis. Stats.,
as a condition of plat approval by the Town. The fence shall be maintained
under § 90.05(2), Wis. Stats., and repaired under §§ 90.10
and 90.11.
R.
Disposition of dead animals. Notwithstanding §§ 59.54(21)
and 95.50(3), Wis. Stats., dispose of any dead animal within the Town
or contract for the removal and disposition with any private disposal
facility. The Town may enter into a contract with any other governmental
unit under § 66.0301, Wis. Stats., to provide for the removal
and disposition. The Town may recover its costs under this subsection
by imposing a special charge under § 66.0627, Wis. Stats.[2]
S.
Public works.
(1)
Without limitation because of enumeration, the Town
Board may:
(a)
Acquire lands. Notwithstanding § 60.10(2)(e),
Wis. Stats., acquire lands to lay, construct, alter, extend or repair
any highway, street or alley in the Town.
(b)
Streets, sewers and water mains. Provide for laying,
constructing, altering, extending, replacing, removing or repairing
any highway, street, alley, sanitary sewer, storm sewer or water main
in the Town.
(c)
Sidewalks. Provide for construction, removal, replacement
or repair of sidewalks under § 66.0907, Wis. Stats.
(d)
Lighting highways. Provide for lighting for highways,
as defined under § 340.01(22), Wis. Stats., located in the
Town.
(e)
Lake improvement. Provide for making improvements
in any lake or waterway located in the Town.
(2)
Payment for public works; special assessments. The Town Board may levy and collect special assessments and charges under §§ 66.0703 and 66.0627, Wis. Stats., and Chapter 10 of this Code to pay for all or part of the cost of any public work or improvement. Special assessments may be paid under Subchapter VII of Ch. 66, Wis. Stats. Reassessments shall be under § 66.0731, Wis. Stats.
A.
General powers and duties. The Town Board Chairperson
shall:
(1)
Preside at Board meetings. Preside over meetings of
the Town Board.
(3)
Sign documents.
(a)
Sign all ordinances, resolutions, bylaws, orders,
regulations, commissions, licenses and permits adopted or authorized
by the Town Board unless the Town Board, by ordinance, authorizes
another officer to sign specific types of documents in lieu of the
Chairperson. The Board, by ordinance, may authorize use of a facsimile
signature.
(b)
Sign all drafts, order checks and transfer orders
as provided under § 66.0607, Wis. Stats.
(4)
Assure administration of statutes. Supervise the administration
of the Wisconsin Statutes relating to the Town and Town operations
to see that they are faithfully executed.
B.
Administer oaths. The Chairperson may administer oaths
and affidavits on all matters pertaining to the affairs of the Town.
C.
Other responsibilities. In addition to the powers
and duties under this section, the Chairperson has the following responsibilities.
The Chairperson shall:[2]
(1)
Nominate election officials when the Town Board disapproves
the nominee of a party committee under § 7.30(4)(b)(2),
Wis. Stats.
(2)
Serve as caucus official under § 8.05(1)(c),
Wis. Stats.
(3)
Sue on official bonds under § 19.015, Wis.
Stats.
(4)
Execute and sign a certificate of indebtedness in
connection with obtaining a state trust fund loan under § 24.67,
Wis. Stats.
(5)
Serve as Town Fire Warden under §§ 26.13
and 26.14, Wis. Stats.
(6)
Appoint members of library boards under §§ 43.54(1)(a)
and 43.60(3), Wis. Stats.
(7)
Exercise the powers and duties specified for a Mayor
under § 62.13, Wis. Stats., if the Town creates a joint
board of police and fire commissioners or joint police or fire department
with a village under § 61.65(3g)(d)(2), Wis. Stats., or
a board of police and fire commissioners under § 60.57,
Wis. Stats.
(8)
Provide an annual estimate of funds necessary for
any utility district established under § 66.0827(2), Wis.
Stats.
(9)
Publish annually a notice regarding noxious weeds
and appoint one or more Weed Commissioners under § 66.0407,
Wis. Stats.
(10)
Sign general obligation bonds issued by the Town under
§ 67.08(1), Wis. Stats.
(11)
If authorized by the Town Board, represent the interests
of the Town in connection with appearances before the State Tax Appeals
Commission under § 70.64(5), Wis. Stats.
(12)
See that all tunnels in the Town are constructed under
§ 82.37, Wis. Stats., and that they are kept in good repair.
(13)
If applicable, serve as a member of the County Highway
Committee under § 83.015(1)(d), Wis. Stats.
(14)
If applicable, appoint members to airport commissions
under § 114.14(2), Wis. Stats.
(15)
Under § 167.10, Wis. Stats., enforce regulation
of fireworks.
(16)
Perform the Town Chairperson's duties related to stray
animals and lost goods under Ch. 170, Wis. Stats.
(17)
Perform the Town Chairperson's duties related to distrained
animals under Ch. 172, Wis. Stats.
(18)
Perform the Town Chairperson's duties related to animals
that have caused damage in the Town under Ch. 173, Wis. Stats.
(19)
If applicable, perform the Town Chairperson's duties
related to municipal power and water districts under Ch. 198, Wis.
Stats.
(20)
If applicable, cause actions to be commenced for recovery
of forfeitures for violations of Town ordinances that can be recovered
in Municipal Court under § 778.11, Wis. Stats.
(21)
If applicable, notify the District Attorney of forfeitures
which may not be recovered in Municipal Court under § 778.12,
Wis. Stats.
(22)
Approve bonds furnished by contractors for public
works under § 779.14(1), Wis. Stats.
[Amended 4-3-2013 by Ord. No. 2013-4]
A.
The Town
Board has power to preserve order at its meetings, compel attendance
of Supervisors and punish nonattendance.
B.
When a Supervisor
is prevented from physically attending a meeting because of illness
or disability, employment or business purposes, personal or family
commitments, or an emergency situation, that Supervisor may make use
of a telephonic or other electronic device to attend and participate
fully in the meeting.
C.
Upon a request
made by a Supervisor to attend a meeting remotely by a telephonic
or other electronic device, Town administrative staff shall set up
the speakerphone prior to the meeting to ensure that a Supervisor
who is not physically present can hear and be heard by those present
in the meeting room.
[Amended 12-5-2001 by Ord. No. 2001-23]
Regular meetings of the Town Board shall be
held on the first Wednesday of every month at 7:00 p.m., local time.
Any regular meeting falling on a legal holiday shall be held the next
following Wednesday at the same time and place. All meetings of the
Board shall be held at the Town Hall of the Town of Cedarburg unless
specified otherwise in the minutes of the preceding meeting or by
written notice posted at the regular meeting place at least three
hours prior to any meeting. All five Supervisors must consent to any
change in the place of any meeting of the Board.
Special meetings may be called by the Chairperson
or his designee by notifying the Clerk no less than 24 hours prior
to the specific time of meeting or by any two Supervisors by notifying
the Clerk no less than 72 hours prior to the specified time of the
meeting. The Clerk shall immediately notify all Supervisors of the
time and place of the meeting and shall cause public notice to be
posted in at least three public places likely to give notice to persons
affected no less than six hours prior to the time specified for the
meeting.
All Town Board and Town committee meetings shall
be open to the public and be in compliance with Wisconsin's Open Meeting
Law.[1]
[1]
Editor's Note: See §§ 19.81
to 19.98, Wis. Stats.
A majority of the Supervisors shall constitute
a quorum, but a lesser number may adjourn if a majority is not present.
The Chairperson shall preside at all meetings
of the Town Board when present. In his absence, the Town Board may
select another Supervisor to preside, and in such case the Clerk shall
call the meeting to order and preside until the Town Board selects
a Supervisor to preside.
A.
Order of business. At all meetings, the following
order may be observed in conducting the business of the Town Board:
(1)
Call to order by presiding officer.
(2)
Roll call.
(3)
Reading and correcting the minutes of the last preceding
meeting or meetings.
(4)
Presentation of bills, statements and vouchers.
(5)
Presentation of petitions, memorials, remonstrances
and communications.
(6)
Reports of standing or special committees.
(7)
Reports from officials of the Town.
(8)
Unfinished business remaining from preceding sessions
in the order in which it was introduced.
(9)
New business; ordinances and resolutions may be introduced
and considered.
(10)
Business may be presented by the Chairperson and Supervisors.
(11)
Miscellaneous.
(12)
Adjournment.
B.
Agenda preparation. The Town Administrator shall prepare
an agenda incorporating the matters comprising the order of business,
and there shall be included on said agenda a time for hearing citizens
wishing to address the Board.[1]
C.
Order to be followed; citizen comments. No business
shall be taken up out of order unless by unanimous consent of all
Supervisors and in the absence of any debate whatsoever. The Chairperson
or presiding officer may impose a time limit on the length of time
citizens may address the Board.
D.
Roll call; procedure when quorum not in attendance.
As soon as the Board shall be called to order, the Clerk shall proceed
to call the names of the members in alphabetical order, noting who
is present and who is absent, and record the same in the proceedings
of the Board. If it shall appear that there is not a quorum present,
the fact shall be entered on the journal and the Board may adjourn.
A.
Ordinances, resolutions, etc., to be in writing. All
ordinances, resolutions or other communications submitted to the Board
shall be in writing. All ordinances shall be read at least once before
their final passage if requested by a member of the Town Board or
requested by a Town resident at the meeting when the ordinance is
being considered.[1]
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 Town Board may take action on an ordinance or
resolution only if it appears on the written agenda for the meeting
at which action is requested in order to provide proper legal notice.
(2)
Resolutions or ordinances will be placed on the agenda
for Board action only if they are submitted to the Town Administrator
in written form a minimum of seven days prior to the meeting at which
action is requested.
D.
Disposition of petitions, communication, etc. Every
petition or other writing of any kind, addressed to the Board, Administrator,
Clerk or other Town officer for reference to the Town Board, shall
be delivered by the Administrator, Clerk or such other Town officer
to the Chairperson 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 Board following the receipt
of the same.
A.
Managing Supervisors. At the first regular meeting
of the Town Board in each year following the spring election, the
Chairperson may establish standing committees and appoint Supervisors
to the same, subject to Board confirmation, to make whatever recommendations
to the Board as they deem appropriate or as may be directed by the
Board. Present standing committees are:
B.
Committee appointments.
(1)
Each Supervisor shall serve as appointed unless excused
by a majority of the members of the Board.
(2)
The Chairperson may declare the entire Town 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.
(3)
The Chairperson may, from time to time, appoint such
special committee or committees as he may deem advisable or as provided
for by motion or resolution stating the number of members and object
thereof to perform such duties as may be assigned to them.
C.
Reference and reports.
(1)
The Town Board shall refer new business coming before
the Town Board to the appropriate committee of managing Supervisors,
unless otherwise referred or disposed of by motion of the Board.
(2)
Resolutions, ordinances and formal committee or managing
Supervisors' recommendations involving Town policy will be placed
on the agenda for a Board action only if they are submitted to the
Town Administrator in written form a minimum of seven days prior to
the meeting at which action is requested.
D.
Cooperation of Town officers. All Town officers shall,
upon request of the managing Supervisors, confer with the committee
and supply to it such information as may be requested in connection
with any matter pending before the committee and/or managing Supervisors.
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, appropriating or disbursing money, or
creating any liability or charge against the Town or any fund thereof.
(3)
When requested by the State Statutes of Wisconsin.
B.
All aye and nay votes shall be recorded in the official
minutes.
C.
Except as provided below, the Town Board shall, in
all other respects, determine the rules of its procedure, which shall
be governed by Robert's Rules of Order, as most recently amended,
which is hereby incorporated by reference, unless otherwise provided
by ordinance or statute, except when otherwise limited or modified
by this Code:
[Amended 10-4-2006 by Ord. No. 2006-11]
(1)
No Supervisor shall address the Board until he has
been recognized by the presiding officer. He shall thereupon address
himself to the Chairperson 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 the permission of the presiding officer as to matters which
are being considered by the Board at the time.
(4)
No motion shall be discussed or acted upon unless
and until it has been seconded. No motion shall be withdrawn or amended
without the consent of the person making the same and the person seconding
it.
In connection with any public hearings held
by the Town Board, the Plan Commission, Zoning Board of Appeals, or
any other board or committee of the Town, the following rules and
procedure shall govern the conduct of the hearing:
A.
The Chairperson shall state the nature of the hearing,
including its purpose, and if held in connection with a petition presented,
the Chairperson shall read the petition in its entirety, except only
the legal description in case said petition is for rezoning or zoning,
and in lieu of reading the description shall state generally the location
on the property involved.
B.
The Chairperson shall then call on those persons who
wish to speak for the proposition. Each person wishing to speak for
the proposition shall give his or her name and address.
C.
Each person speaking on behalf of the proposition
shall be limited in time to five minutes.
D.
The Chairperson shall then call on those persons who
wish to oppose the proposition.
E.
Each such person wishing to speak in opposition to
the proposition shall give his or her name and address and shall also
be limited to five minutes.
F.
Any person wishing to speak in rebuttal to any statements
made may, with the permission of the Chairperson, do so; provided,
however, that such rebuttal statement shall be limited to three minutes
by any one individual.
G.
When the Chairperson in his discretion is satisfied
that the proposition has been heard, he shall announce the fact that
the hearing is concluded.
It shall be in order for any member, if in the
majority, to move for the reconsideration of any vote in question
at the same meeting or at the next succeeding regular meeting. A motion
to reconsider being put and lost shall not be renewed.
Any member desirous of terminating the debate
may call the previous question, when the question announced by the
Chairperson shall be "shall the main question be put?" If a majority
of the members present vote in the affirmative, the main question
shall be put to a vote without further debate, and its effect shall
be to put an end to all debate and bring the Board to a direct vote,
first upon the pending amendment and then upon the main question.
A.
General requirement. The Town Clerk shall publish
as a Class 1 notice under Ch. 985, Wis. Stats., or post in at least
one public place likely to give notice to persons affected and placed
electronically on an Internet site maintained by the municipality,
the following, within one week after passage or adoption:
[Amended 12-2-2015 by Ord. No. 2015-13]
B.
Requirement for forfeitures. If an ordinance imposes a forfeiture, posting may not be used in lieu of publication under Subsection A.
C.
Effective upon publication. An ordinance, resolution,
motion or other action required to be published or posted under this
section or state law shall take effect the day after its publication
or posting, or at a later date if expressly provided in the ordinance,
resolution, motion or action.
D.
Affidavit of posting. If an ordinance, resolution,
motion or other action is posted under this section, the Town Clerk
shall sign an affidavit attesting that the item was posted as required
by this section and stating the date and place of posting. The affidavit
shall be filed with other records under the jurisdiction of the Clerk.
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.
