Village of Orfordville, WI Boards, Commissions and Committees

Before the Board of Review can consider a request from a taxpayer or assessor, or at its own discretion, to waive the hearing of an objection, the taxpayer must first complete and file with the Clerk of the Board the following documents:

A timely notice of intent to appear at the Board of Review; and

A timely objection form for real property assessment (PA-115A).

If the owner fails to file the aforementioned documents as required, no hearing will be scheduled on the objection.

If the owner files the aforementioned documents as required and a request from a taxpayer or assessor, or at its own discretion, is made to waive the hearing of an objection, the Board shall use the following criteria when making its decision.

The Board may consider any or all of the following factors when deciding whether to waive the hearing:

The benefits or detriments of the Board of Review process.

The benefits or detriments of having a record for the court review.

(c)

Avoidance of unruly, lengthy, burdensome appeals.

(d)

Ability to cross-examine the person providing the testimony.

(e)

Any other factors that the Board deems pertinent to deciding whether to waive the hearing.

Confidentiality of information. Whenever the assessor, in the performance of the assessor's duties, requests or obtains income and expense information that is provided to the assessor, said information shall be held by the assessor on a confidentiality basis, except, however, that the information may be revealed to and used by persons in the discharging of duties imposed by law; in the discharge of duties imposed by office, including, but not limited to, use by the assessor in performance of official duties of the assessor's office and use by the Board of Review in performance of its official duties; or pursuant to order of a court. Income and expense information provided to the assessor under § 70.47(7)(af), Wis. Stats., unless a court determines that it is inaccurate, is, per § 70.47(7)(af), Wis. Stats., not subject to the right of inspection and copying under § 19.35(1), Wis. Stats.

§ 14-2 Zoning Board of Appeals.

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 320, Zoning, and this section. The laws of the state or Village and local ordinances shall prevail in that order. The Zoning Board of Appeals shall consist of five citizen members and two alternate members appointed by the Village President, subject to confirmation by the Village Board, for a three-year term of office. The members shall be removable by the Village Board for cause upon written charges and upon public hearing. The Village President shall designate one of the members Chairman.

Powers. The Zoning Board of Appeals shall have the following powers:

To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by an administrative official in the enforcement of any Village zoning code or any ordinance adopted under § 62.23, 61.35 or 62.231 (wetlands), 87.30 or 281.31 (floodplains) or Ch. 91 (farmland preservation), Wis. Stats.

To hear and decide special exceptions to the terms of the Village zoning and floodplain zoning regulations upon which the Board of Appeals is required to pass.

To authorize, upon appeal in specific cases, such variance from the terms of the Village zoning regulations as will not be contrary to the public interest where, owing to special conditions, a literal enforcement will result in practical difficulty or unnecessary hardship, so that the spirit of Chapter 320, Zoning, shall be observed, public safety and welfare secured and substantial justice done; provided, however, that no such action shall have the effect of establishing in any district a use or uses not permitted in such district. The Zoning Board of Appeals shall not grant use variances in floodplain or wetland and conservancy districts. In all other districts, no use variance shall be granted unless the applicant has first petitioned for a zoning amendment or a conditional use permit, if applicable, and upon a showing that no lawful and feasible use of the subject property can be made in the absence of such variance. Any use variance granted shall be limited to the specific use described in the Board's decision and shall not permit variances in yard, area or other requirements of the district in which located.

To permit the erection and use of a building or premises in any location subject to appropriate conditions and safeguards in harmony with the general purposes of Chapter 320, Zoning, for such purposes which are reasonably necessary for public convenience and welfare.

The Zoning Board of Appeals may reverse or affirm, wholly or in part, or may modify any order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as in its opinion ought to be made. The concurring vote of four members of the Zoning Board of Appeals shall be necessary to reverse any order, requirement, decision or determination appealed from, or to decide in favor of the applicant on any matter on which it is required to pass, or to effect any variation in the requirements of Chapter 320, Zoning. The grounds of every such determination shall be stated and recorded. No order of the Zoning Board of Appeals granting a variance shall be valid for a period longer than six months from the date of such order unless the land use permit is obtained within such period and the erection or alteration of a building is started or the use is commenced within such period.

[Amended 5-10-2004 by Ord. No. 0-2004-01]

Meeting and rules.

All meetings and hearings of the Zoning Board of Appeals shall be open to the public, except that the Board may go into executive session to deliberate after a hearing or an appeal. The final vote on an appeal shall be taken in open session by roll call vote, recorded and open for public inspection in the Board's office. Public notice of all regular and special meetings shall be given to the public and news media as required by the Wisconsin Open Meeting Law.[1]

[1]

Editor's Note: See §§ 19.81 to 19.98, Wis. Stats.

Special meetings may be called by the Chairman 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.

Hearings may be held at any regular or special meeting at the time set by the Chairman.

A quorum for any meeting or hearing shall consist of four members, but a lesser number may meet and adjourn to a specified time.

The Board shall keep minutes of its proceedings, showing the vote of each member upon each question or, if absent or failing to vote, indicating such fact and shall keep records of its examination and other official actions, all of which shall be immediately filed in the office of the Village Clerk-Treasurer and shall be public record. The Board shall adopt its own rules of procedure not in conflict with this Code or with the applicable Wisconsin Statutes.

No Board member shall participate in the decision of or vote upon any case in which the member is financially interested, directly or indirectly, but the Chairman 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.

Offices. The Village Board shall provide suitable offices for holding hearings and the preservation of records, documents, and accounts.

[Amended 5-10-2004 by Ord. No. O-2004-01]

§ 14-3 Plan Commission.

Composition. The Village Plan Commission shall consist of seven members who shall be the following: the Village President, who shall be its presiding officer, two Trustees and four citizen members.

[Amended 5-10-2004 by Ord. No. O-2004-01; 5-23-2005]

Appointment.

Trustee member. The two Trustee members shall be annually appointed by a two-thirds vote at the organizational meeting of the Village Board.

[Amended 5-10-2004 by Ord. No. O-2004-01]

Citizen members. The four citizen members, upon the creation of the Commission, shall be appointed to hold office for a period ending one, two and three years, respectively, from the date of their appointment, and thereafter annually one such member shall be appointed by the Village President for a term of three years, subject to Village Board approval. 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.

[Amended 5-23-2005]

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-Treasurer. Four members shall constitute a quorum, but all actions shall require the affirmative approval of a majority of all of the members of the Commission.

Duties.

The Comprehensive Plan.

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.

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.

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.

Miscellaneous powers. The Commission may make reports and recommendations relating to the plan and development of the Village to public officials and agencies, civic, educational, professional and other organizations and citizens. It may recommend to the Village Board programs for public improvements and the financing thereof. All public officials shall, upon request, furnish to the 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 functions, 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.

§ 14-4 Library Board.

Organization; terms.

There is hereby created, pursuant to Ch. 43, Wis. Stats., a municipal Library Board for the Village consisting of five members. Membership shall consist of one Village Trustee and four citizens appointed by the Village President, subject to confirmation by the Village Board.

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. The Village President shall appoint as one of the Library Board members the school district administrator, or his representative, to represent the public school district or districts in which the library is located. One citizen member may be a resident of a local township.

A majority of the membership of the Board shall constitute a quorum.

As soon as practicable after the first appointments, at a date and place fixed by the appointing officer, and annually thereafter, within 30 days after the time designated in this section for the beginning of terms, the members of the Library Board shall organize by election from among their number a President and such other officers that they deem necessary to prescribe and adopt rules and regulations for the operation of the library.

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.

§ 14-5 Meetings and public notice.

Regular meetings; public notice. Every board, committee and commission created by or existing under the ordinances of the Village shall:

Schedule a date, time and place for its meetings;

Post or, when necessary, publish notice in or notify a newspaper of general circulation in the Village in advance of each such regular meeting of the date, time, and place thereof, in compliance with state law; and/or

Post an agenda of the matters to be taken up at such meeting.

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 through 19.89, Wis. Stats.

Minutes. The secretary of each board, committee and commission shall file a copy of the meeting minutes of such board or commission with the Village Clerk-Treasurer.

§ 14-6 Residency requirement; attendance standards.

Residency. No person not a resident of and not residing in the Village of Orfordville shall be appointed in a voting capacity to any Village board, committee or commission, except that one member of the Library Board may be from a local township. Any board or commission member who moves from the Village shall be removed from such board or commission but may be appointed to serve in an ex officio capacity.

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.

§ 14-7 Law Enforcement Disciplinary Committee.

[Added 10-11-2004; amended 2-9-2009[1]; 2-27-2017]

Duties. The Law Enforcement Disciplinary Committee shall have the power to suspend, reduce in rank, suspend and reduce in rank, or remove the Police Chief or any other law enforcement officer of the Village of Orfordville who is not on probation following the procedures set forth in § 62.13(5), Wis. Stats.

Composition. The Law Enforcement Disciplinary Committee shall consist of three members, two of whom shall constitute a quorum. None of the members may be an elected or appointed official of the Village or be employed by the Village of Orfordville. The committee members shall receive compensation for serving on the committee as may be determined by the Village Board.

Term. The members of the Committee shall serve a term of three years. The members shall be appointed by the Village President subject to confirmation by the Village Board. Such appointments for staggered terms shall be made initially as follows: one member whose term shall end on April 30, 2018; one member whose term shall end on April 30, 2019; and one member whose term shall end on April 30, 2020. Thereafter, regular three-year terms shall commence on May 1 and end on April 30. No person appointed to the Committee may serve more than two successive terms.

Organization. The Committee shall promulgate, in addition to the rules provided in § 62.13(5), Wis. Stats., such additional rules for the administration of disciplinary procedures as may be appropriate or required by police contract. The Committee shall keep a written record of all of its proceedings and deliver it to the Village Clerk who shall be the custodian of the records.

[1]

Editor's Note: This ordinance provided that it take effect 4-1-2009, and that the terms of the current Police Commission members are terminated and the Village Board shall appoint persons to fill the terms as set forth in § 14-7C(2) above.

§ 14-8 Department of Public Works Review Committee.

[Added 6-26-2006]

Composition. The Department of Public Works Review Committee shall be composed of three members of the Village Board of Trustees, which membership may include the Village President, who are appointed by the Village President, subject to confirmation by the Village Board.

Appointment; term of office. The Committee members shall be appointed annually by the Village President in April of each year.

[Amended 5-26-2015]

Duties. The Committee shall meet on a regular basis with the members of the Village Public Works Department to review their activities and requests and to make suggestions to the Department as to the conduct of Department business as needed. All recommendations, including, without limitation, recommendations to adopt procedures, rules and regulations or to purchase tangible personal property by the Department, shall be forwarded to the Village Board for approval.

§ 14-9 Police Committee.

[Added 6-22-2009; amended 2-27-2017]

Composition. The Police Committee shall be composed of three members of the Village Board of Trustees. Two members present at a meeting shall constitute a quorum of the Committee.

Appointment; term of office. The Committee members shall be appointed annually by the Village President in April of each year.

Meetings. The Police Committee shall hold meetings from time to time as necessary. Public notice of all meetings shall be given in accordance with the Open Meetings Law of the State of Wisconsin. A copy of the agenda of each meeting shall be delivered to the Village Clerk in time to comply with the Open Meetings Law.

Duties. The Police Committee shall oversee and supervise the day to day operation of the Village of Orfordville Police Department. The Committee shall not exercise any duties of a disciplinary nature for any member of the Police Department. However, the Committee may file a grievance or complaint against members of the Police Department with the Law Enforcement Disciplinary Committee set forth in § 14-8 of the Village of Orfordville Code of Ordinances. In addition, duties of the Committee shall include:

Interviewing candidates for positions with the Police Department; considering recommendations by the Chief of Police; and presenting suitable candidates to the Village Board with a recommendation for hiring and compensation.

Interviewing candidates for promotion within the Police Department; receiving recommendations from the Chief of Police; and making recommendations for promotion to the Village Board.

Interviewing and making recommendations to the Village Board for hiring a Chief of Police.

Determining the type of physical and educational requirements for members of the Police Department.

Determining the type of physical and education examination to be administered to prospective police officers.

Designating the examiners who will conduct the physical and education examinations.

§ 14-10 Economic Development Committee.

[Added 5-26-2015]

Membership. The Economic Development Committee shall consist of seven members, one of whom shall be the Village President, two of whom shall be members of the Village Board, and four of whom shall be citizen members, who shall be appointed, on the third Tuesday of April, by the village president subject to the confirmation by the Village Board.

Term of members.

Village Board members. The Village President and Village Board members of the Economic Development Committee shall be appointed for one-year terms expiring on the third Tuesday of April of each year.

Citizen members. The citizen members shall be appointed for staggered terms of three years. Citizen members shall be appointed on the third Tuesday in April, for terms which shall expire on the third Tuesday in April of the appropriate year.

Qualifications of members. All citizen members of the Economic Development Committee shall be persons with recognized experience and qualifications and shall hold office until their respective successors are selected and qualified.

Oaths of members. Citizen members of the Economic Development Committee shall take the official oath required by § 19.01, Wis. Stats., which shall be filed with the Village Clerk.

Compensation of members. The members of the Economic Development Committee shall be compensated as determined by the Village Board.

Officers: rules of procedures. The Economic Development Committee shall organize annually at its first meeting in May by the election of a chairperson, who shall be one of the two Village Board members, a secretary and such other officers as may, in the committee's judgment, be necessary. The committee shall also formulate any lawful rules for its operation and procedures in accordance with federal regulations, state regulations and Village ordinances.

Vacancies. All vacancies on the Economic Development Committee shall be filled for the unexpired term in the same manner as appointment for the full term.

Removal of members. Any member of the Economic Development Committee shall be removed by the Village president for cause.

Meetings. Regular meetings of the Economic Development Committee shall be held at least monthly as specifically determined by the economic development committee. Special meetings may be called by the presiding officer or upon written request of two committee members. Notice of special meetings shall be given by personal service to all members at least 24 hours prior to the called special meeting. Minutes shall be kept by the secretary and filed with the Village Clerk.

Quorum. Four members of the Economic Development Committee shall constitute a quorum to transact any business, but all actions shall require the affirmative approval of a majority of all of the members of the Economic Development Committee.

Powers and duties. The mission of the Economic Development Committee is determined to be as follows:

Develop a regional business environment conducive to the retention and expansion of existing business and attraction of new business community members.

Develop appropriate criteria and standards for identifying and evaluating industrial and business sites and make recommendations for development of those sites.

Develop and compile information for business promotion literature.

Organize and carry out business attraction presentations.

Cooperate with federal, state and local agencies in pursuing the objective of business retention and expansion.

Develop and recommend ordinances, legislation and programs and otherwise provide information on economic development to the Village Board.

(7)

Promote public education, interest and support for business retention and expansion.

(8)

Carry out such other duties as may be directed by the Village Board.[1]

[1]

Editor's Note: Former § 14-11, Public Safety Committee, added 1-23-2017, which immediately followed this subsection, was repealed 4-26-2021.

Community Engagement Committee. In collaboration with the Economic Development Committee, the Community Engagement Committee (CEC) shall organize and conduct community events with the goal of strengthening and fostering community relationships and showcasing community businesses, nonprofit organizations, and other community-based civic organizations within the Village.

[Added 9-26-2022]

Membership. The CEC shall consist of five members, two of whom shall be members of the Village Board (one being the chair of the Economic Development Committee), and three of whom shall be citizen members from the greater Orfordville area (within the Parkview School District). Citizen members do not need to reside within the Village. All members shall be appointed at a meeting of the Village Board following creation of the CEC, by recommendation of the Village President and approval by a majority vote of the Village Board.

Term of members.

Village Board members. The Village Board members of the CEC shall be appointed for one-year terms expiring on the third Tuesday of April each year.

Citizen members. The citizen members of the CEC shall be appointed for staggered terms of three years. Citizen members shall be appointed on the third Tuesday in April for terms which shall expire on the third Tuesday in April of the appropriate year.

Oaths of members. Citizen members of the CEC shall take the official oath required by § 19.01, Wis. Stats., which shall be filed with the Village Clerk.

Compensation of members. The members of the CEC shall be compensated as determined by the Village Board.

Officers; rules of procedure. The CEC shall organize annually at its first meeting following the third Tuesday in April of each year and shall elect a chairperson, who shall be one of the two Village Board members, a secretary, and such other officers as may, in the CEC's judgment, be necessary. The CEC shall also formulate any lawful rules for its operation and procedure in accordance with federal and state regulations and Village ordinances.