City of Amery, WI Boards, Commissions and Committees

The Board of Review shall consist of the Mayor, City Administrator/Clerk-Treasurer and one Alderperson from each ward appointed by the Mayor, subject to confirmation by the City Council. They shall receive such compensation as shall be determined by the Council from time to time.

No Board of Review may be constituted unless it includes at least one voting member who, within two years of the Board's first meeting, has attended a training session under § 73.03(55), Wis. Stats., and unless that member is the municipality's chief executive officer or that officer's designee. The City Administrator/Clerk-Treasurer shall provide an affidavit to the Wisconsin Department of Revenue stating whether the requirement under this subsection has been fulfilled.

Compensation. The members of the Board of Review shall receive a salary as determined by the City Council for each day or fraction thereof that the Board is in session for the purpose of hearing and considering testimony or making its report and determination.

Objections to valuations to be written. No person shall be permitted to appear and make objection before the Board as to the amount of valuation of any property unless objection thereto shall first have been filed with the Clerk of the Board pursuant to § 70.47(7), Wis. Stats.

Duties.

The duties and functions of the Board of Review shall be as prescribed in §§ 70.46, 70.47 and 70.48, Wis. Stats.

The Board shall carefully examine the assessment roll and correct all apparent errors in description or computation. It shall add all omitted property but shall not raise or lower the assessment of any property except after hearing, as provided by the statutes.

Open meetings. All meetings of the Board of Review shall be publicly held and open to all citizens at all times. No formal action of any kind shall be introduced, deliberated upon or adopted at any closed session or meeting of a Board of Review.

§ 14-2 Library Board.

Membership and terms. Pursuant to § 43.54, Wis. Stats., the Library Board shall consist of seven members appointed by the Mayor, subject to confirmation by the Council, to serve three-year terms. One member shall be a school district administrator or his/her representative, and not more than one member of the Council shall serve on the Library Board at any one time. Up to two members may be residents of towns adjacent to the City.

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. The Library Board shall appoint the Librarian and other library employees.

The Library Board shall submit annually to the Council an itemized budget of the estimated expenses of the library for the following year.

§ 14-3 Arts, Parks, and Recreation Committee.

[Amended 6-1-2022 by Ord. No. 04-2022; 6-1-2022 by Ord. No. 06-2022]

Appointment. The Committee shall consist of a total of five members with one member from the Amery School District and one member from one of the surrounding Townships (Lincoln, Black Brook, Alden). The members serving on this committee are to be appointed by the Mayor as applicable and subject to the approval of the Common Council for three-year terms. The Chairperson and Vice-Chairperson shall be elected by the Committee on a yearly basis and should not serve consecutive terms.

Eligibility. No person shall be eligible to be a member of the Committee who, directly or indirectly, has any pecuniary interest in any contract for supplying materials, equipment, services, or labor to the City of Amery.

Duties. Subject to review and approval by the Amery Common Council, the Committee shall be tasked with the investigation, planning and making recommendation for the needs, both currently and long term, of the City Parks and Recreation facilities to effectively and efficiently serve the residents of the Amery Area. These duties to include recommendations for:

Long term facilities planning, capital expenditures, construction, and improvements to meet anticipated population and development growth in the area;

Potential activities, programming, beautification, and other recreation oriented items within the City.

Rules. The Committee shall make rules for its own proceedings and shall meet as needed at the Amery City Hall or pre-designated site. The Committee shall report to the Common Council with recommendations.

Use of City officers. The Committee, when necessary, may request the services of the City Engineer, City Attorney, City Clerk, City Administrator, Public Works Director and other officials and employees of the City upon such basis as shall be mutually agreed to or as determined by the Common Council.

General powers. The Committee shall be an advisory body only. This section or the actions of the Committee do not amend or create additional obligations on behalf of the City. The term of the Committee shall continue unless terminated by a majority vote of the Common Council.

Expenditures. All operational expenditures of the Committee shall be approved in advance by the Common Council.

§ 14-4 Zoning Board of Appeals.

Establishment. A Zoning Board of Appeals shall be appointed as specified in § 62.23(7)(e), Wis. Stats. The Zoning Board of Appeals shall consist of five members and two alternate members appointed by the Mayor, subject to confirmation by the City Council, for a term of three years. The members may be compensated as determined by the Council and shall be removable by the City Council for cause upon written charges and upon public hearing. The Mayor shall designate one of the members Chairperson.

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

To hear and decide appeals where it is alleged there is an error in any order, requirement, decision, or determination made by an administrative official in the enforcement of Chapter 450, Zoning, or Chapter 193, Building Construction.

To hear and decide special exceptions to the terms of Chapter 450, Zoning, and Chapter 425, Floodplain Zoning, or Chapter 193, Building Construction, upon which the Zoning Board of Appeals is required to pass.

To authorize, upon appeal in specific cases, such variance from the terms of Chapter 450, Zoning, or Chapter 193, Building Construction, 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 450, 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.

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 450, Zoning, for such public utility purposes which are reasonably necessary for public convenience and welfare.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

(5)

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 regarding the premises. If a quorum is present, the Zoning Board of Appeals may take action by a majority vote of the members present. 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 a zoning 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 at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

Meetings and rules. All meetings of the Zoning Board of Appeals shall be held at the call of the Chairperson and at such other times as the Board may determine. All hearings conducted by the said Board shall be open to the public. The Zoning Board of Appeals 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 City Administrator/Clerk-Treasurer and shall be a public record. The Board shall adopt its own rules of procedure not in conflict with this section or with applicable Wisconsin Statutes.

Offices. The City Council shall provide suitable meeting space for holding the hearings of the Zoning Board of Appeals.

Appropriations. The City Council shall appropriate funds to carry out the duties of the Zoning Board of Appeals and the Board shall have the authority to expend, under regular procedures, all sums appropriated to it for the purpose and activities authorized herein.

§ 14-5 City Plan Commission.

Composition. The Plan Commission shall consist of the Mayor, who shall be the presiding officer, one Alderperson, City Administrator/Clerk-Treasurer, and four citizens.

[Amended 7-10-2019 by Ord. No. 12-2019; at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

Appointment.

Election/appointment of Alderperson member. At its annual meeting in April of each year, the City Council shall, by a 2/3 majority vote of its members, elect one of its number as a member of the City Plan Commission for a period of one year from and after the first day of May next ensuing.

Appointment and terms of citizen members. The four citizen members shall be appointed by the Mayor, subject to Council confirmation, on the third Tuesday of April in each year to hold office for a staggered term of three years commencing with the third Tuesday of April.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

Organization of Commission. The Mayor shall serve as presiding officer. The Plan Commission shall organize by the election of a Vice Chairperson, secretary and such other officers as may in their judgment be necessary.

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 City Administrator/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.

[Amended 7-10-2019 by Ord. No. 12-2019]

Duties.

The Master Plan.

(a)

The Plan Commission may make, adopt and, as necessary, amend, extend or add to the Master Plan, subject to City Council confirmation, for the physical development of the City, including areas outside of its boundaries which, in the Plan Commission's judgment, bear relation to the development of the City. The Master Plan, with the accompanying maps, plats and descriptive and explanatory matter, shall show the Commission's recommendations for such physical development, and may include, among other things, without limitation because of enumeration, the general location, character and extent of streets, highways, freeways, street grades, roadways, walks, parking areas, public places and areas, parks, parkways, playgrounds, sites for public buildings and structures, and the general location and extent of sewers, water conduits and other public utilities, whether privately or publicly owned, the acceptance, widening, narrowing, extension, relocation, removal, vacation, abandonment or change of use of any of the foregoing public ways, grounds, places, spaces, buildings, properties, utilities, routes or terminals, the general location, character and extent of community centers and neighborhood units, and a comprehensive zoning plan.

(b)

The Commission may adopt the Master Plan as a whole by a single resolution, or, as the work of making the whole Master 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 City Council. 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 City Council. The purpose and effect of the adoption and certifying of the Master Plan or part thereof shall be solely to aid the Plan Commission and the City Council in the performance of their duties.

Mandatory referrals to Plan Commission. The City Council or officer of the City having final authority thereon shall refer to the Plan Commission, for its consideration and report before final action is taken by the Council, 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 ways, 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 City or within the territory over which the City 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. Unless such report from the Commission is made within 30 days, or such longer period as may be stipulated by the City Council, the Council or other public body or officer may take final action without it.

Miscellaneous powers. The Commission may make reports and recommendations relating to the plan and development of the City to public officials and agencies, public utility companies, civic, educational, professional and other organizations and citizens. It may recommend to the City Council programs for public improvements. 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 City Council.

Vacancies. Vacancies shall be filled by appointment for the remainder of the unexpired term in the same manner as appointment for the full term.

Compensation. Compensation shall be as established by the City Council. Citizen members shall take the official oath as required by § 19.01, Wis. Stats., said oath to be filed with the City Administrator/Clerk-Treasurer.

§ 14-6 Airport Commission.

Members. The Airport Commission shall consist of seven citizens who are residents of the City. Commissioners shall be appointed by the Mayor, subject to confirmation by the City Council. Commissioners shall serve a term of three years, except that Commissioners appointed to newly created positions shall be appointed to terms of one, two and three years, so that the terms of three Commissioners shall end in a given year, the terms of two Commissioners in each of the following years, and continuing said pattern thereafter.

Organization. The Airport Commission shall organize by taking and filing their official oaths and selecting a chairperson and secretary.

Powers and duties. The Airport Commission shall:

To the extent expressly authorized by the City Council, organize and take charge of all affairs necessary in the management and operation of the Amery Municipal Airport.

Prepare and submit to the Mayor and Council a budget for necessary expenditures for such management and operation.

Make recommendations to the Mayor and Council regarding any and all affairs pertaining to aeronautics.

In all respects, be an advisory body to the City Council. No act, contract, lease or any activity of the Airport Commission shall be or become a binding contract or obligation of the City until expressly authorized by the City Council, and then only to the extent so expressly authorized.

Minutes of meetings. The Secretary shall keep minutes of all Commission meetings and shall file a copy with the City Administrator/Clerk-Treasurer.

[Amended 7-10-2019 by Ord. No. 12-2019]

§ 14-7 Tourism Commission.

[Added 1-4-2017 by Ord. No. 1-2017]

Composition. The Tourism Commission shall consist of one Alderperson, the City Administrator/Clerk-Treasurer, one representative of the Wisconsin hotel and motel industry, the President of the Amery Community Club, and one member of the Amery Economic Development Corporation.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

Appointment. Members of the Tourism Commission shall be appointed by the Mayor and confirmed by a majority vote of the members of the City Council present when the vote is taken. Term of membership shall be one year. Members may be reappointed.

Organization of Commission. Upon appointment to the Tourism Commission, members shall appoint a Chairperson, Vice Chairperson, and Secretary from its members to serve throughout the duration of the term. The Chairperson shall serve as the President and spokesperson of the Commission and shall conduct all meetings of the Commission. The Vice Chairperson shall act as assistant to the Chairperson and shall fulfill the duties of the Chairperson when he or she is unable to do so. The Secretary shall record and distribute Commission meeting minutes and shall maintain all Commission records.

Record. The Tourism Commission shall keep a written record of its proceedings to include all actions taken, a copy of which shall be filed with the City Administrator/Clerk-Treasurer. Four members shall constitute a quorum and all actions shall require the affirmative approval of a majority of all the members of the Commission.

Meeting. The members of the Tourism Commission shall meet a minimum of four times within its term and a minimum of once per quarter.

Duties.

Appointment of the tourism entity. In accordance with 2015 Wisconsin Act 55,[1] the Tourism Commission shall appoint a tourism entity. The appointment of the tourism entity shall be ratified with every new term. "Tourism entity" is defined as:

(a)

A nonprofit organization that spends at least 51% of its revenues on tourism promotion and tourism development, and provides destination marketing staff and services for the tourism industry within the City; or

(b)

A nonprofit organization that was incorporated before January 1, 2015, spends 100% of the room tax revenue it receives from the City on tourism promotion and tourism development, and provides destination marketing staff and services for the tourism industry within the City.

[1]

Editor's Note: See § 66.0615, Wis. Stats.

Room tax rate. The Commission from time to time shall evaluate the room tax rate and suggest to the City Council adjustments to it as deemed necessary.

Reports. The Commission shall deliver two reports each term.

(a)

The Commission shall report to the City Council each term as to the purposes for which room tax revenues provided to the tourism entity were spent and of any delinquencies or inaccurate reporting by the tourism entity.

(b)

The Commission shall report to the Wisconsin Department of Revenue each term as to the purposes for which room tax revenues provided to the tourism entity were spent including all expenditures of $1,000 or more made by the tourism entity, the room tax rate imposed by the Tourism Commission, the amount of room tax collected during that fiscal year, the amount of room tax revenue forwarded to the tourism entity, and a list of the Commission's members and the business entity each members owns, operates, or is employed by (if any).

Use of funds. The Commission shall ensure that room tax revenues provided to the tourism entity are used solely for the purpose of tourism promotion and tourism development and that no revenues are used to construct or develop a lodging facility. "Tourism promotion and tourism development" is defined as the following, if significantly used by transient tourists and reasonably likely to generate paid overnight stays in multiple establishments within the City: "any marking projects, transient tourist information services, or tangible municipal development, including a convention center."

Vacancies. When vacancies occur during a term, the Mayor shall appoint a replacement member to serve out the remainder of the unexpired term in the same manner as appointment for the full term. The replacement member shall meet the requirements of the vacancy he or she is appointed to fill.

§ 14-8 General provisions regarding meetings and public notice.

Regular meetings; public notice. Every board, committee and commission created by or existing under the ordinances of the City shall fix a regular date, time and place for its meeting.

Notice of meetings.

Every meeting of any board or commission of the City of Amery, and/or any committee appointed or created by the Mayor or City Council of the City of Amery, shall be preceded by public notice and shall be held in open session at a place acceptable to the public in accordance with the provisions of Ch. 19, Subchapter V, Open Meetings of Governmental Bodies, Wis. Stats., unless otherwise authorized by law.

Such notice shall be given by § 985.02(2)(a), Wis. Stats., which states such notice shall be posted in at least one location likely to give notice to the public of such meeting.

[Amended 7-10-2019 by Ord. No. 12-2019]

A separate public notice shall be given for each meeting at a time and date reasonably proximate to the time and date of the meeting, but not less than 24 hours prior to the commencement of such meeting unless otherwise authorized by law.

Such notice shall set forth the time, date, place and subject matter of the meeting, including that intended for consideration at any contemplated closed session which may be authorized by law.

[Amended 7-10-2019 by Ord. No. 12-2019; at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

Notice to members. Every member of any board, commission or committee of the City of Amery shall be notified by the secretary thereof or designee, that a meeting is to be held, and the time and place of such meeting and the subject to be considered thereat. No member shall be intentionally excluded from any meeting by a failure to give proper notice or a reasonable attempt to give proper notice to such member.

Minutes to be kept. Every board, commission and committee shall keep a record of the minutes of its proceedings and shall cause a signed copy thereof to be filed by its secretary with the City Administrator/Clerk-Treasurer within one week of the meeting date. The City Administrator/Clerk-Treasurer shall furnish a copy of the minutes filed with him/her to the Mayor and to each member of the City Council. All such minutes shall be public records.

[Amended 7-10-2019 by Ord. No. 12-2019]

§ 14-9 Residency required for service on boards on commissions; attendance standards.

Residency. No person not a resident of and not residing in the City shall be appointed to any City board or commission, with the exception of the Library Board. As permitted by statute [§ 43.54(1), Wis. Stats.], not more than two members of the Library Board may be residents of towns adjacent to the City. Any board or commission member who moves from the City, or in the case of a nonresident member of the Library Board, ceases to reside in either a town adjacent to the City or the City, shall immediately be removed from such board or commission.

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.

Member subject to removal. Any member of any board or commission who violates any provision of this section or who knowingly attends a meeting held in violation hereof may be removed as a member of such board or commission after being granted a public hearing by the appointing authority and upon concurrence of the City Council.

§ 14-10 Committee and commission rules.

Except as provided herein, the provisions of § 86-19 of this Code of Ordinances relating to rules of procedure for the City Council, together with Robert's Rules of Order, shall, as far as applicable, also apply to committee, board and commission meetings.

A simple majority of the members of a board, committee or commission shall constitute a quorum.

§ 14-11 Joint Fire Committee.

[Added 12-2-2020 by Ord. No. 10-2020]

Appointment. The Committee shall consist of a total of seven members: six members representing each of those municipalities (two from the City of Amery, two from the Town of Lincoln, one from the Town of Alden and one from the Town of Black Brook). The entities served by the Amery Fire Department are to be appointed by the Mayor or Town Chairperson as applicable and subject to the approval of their respective governing body for three-year terms. The Chairperson and Vice Chairperson cannot serve consecutive terms. The Chairperson and Vice Chairperson should be from different political entities. Term for members for the City of Amery are years one and three, Town of Lincoln years one and three, Town of Alden year two, and Town of Black Brook year two. Additionally, the seventh member, being the Fire Chief of the Amery Fire Department, who shall be an ex officio member, shall serve indefinitely. Committee members may be removed and replaced with or without cause at the discretion of their respective municipalities.

Organization. As soon as possible after their appointment and annually thereafter, the members of the Committee shall organize by choosing from among their members a Chairperson and a Vice Chairperson. Members of the Committee may receive compensation or expense reimbursement as may be set by their respective governing bodies.

Duties. Subject to review and approval by the Amery City Council, the Committee shall be tasked with the investigation, planning and making recommendation for the needs, both currently and long term, of the Amery Fire Department to effectively and efficiently serve the municipalities under the fire agreements. These duties to include recommendations for:

The annual operating and capital budgets of the Amery Fire Department;

Long-term facilities planning, capital expenditures, construction, and improvements to meet anticipated population and development growth in the area;

Current and future personnel and training needs for Amery Fire Department employees and volunteers;

Rate changes and proposed amendments to the fire agreements; and

(5)

Such other matters as may be directed by the municipalities.

Rules. The Committee shall make rules for its own proceedings and shall meet at least quarterly at the Amery City Hall or predesignated site. The Committee shall report to the respective governing bodies on matters before the Committee.

Use of City Officers. The Committee, when necessary, may utilize the services of the City Engineer, City Attorney, City Clerk, City Finance Officer, Public Works Superintendent and other officials and employees of the City upon such basis as shall be mutually agreed to or as determined by the Common Council. In such case, the general fund of the City shall be reimbursed through Fire Department funds or annual assessments under the fire agreements for the pro rata cost of such services.

General powers. The Committee shall be an advisory body only. This section or the actions of the Committee do not amend or create additional obligations on the respective municipalities other than as set forth in the fire agreements. The term of the Committee shall continue unless terminated by a majority vote of the municipalities. In the event the fire agreement of a municipality should terminate, its position on the Committee shall also terminate.

Expenditures. All operational expenditures of the Committee shall be approved in advance by the member municipalities and shall be included in the annual assessment to each municipality under the fire agreements. Any expenditures must be authorized by the Chairperson and Vice Chairperson of the Committee and, upon such approval, shall be paid by the City of Amery.

§ 14-12 Recycling Committee.

[Added 6-1-2022 by Ord. No. 07-2022]

Appointment. The Committee shall consist of a total of five members from the City of Amery. The members serving on this committee are to be appointed by the Mayor as applicable and subject to the approval of the Common Council for three-year terms. The Chairperson and Vice-Chairperson shall be elected by the Committee on a yearly basis and should not serve consecutive terms.

Duties. Subject to review and approval by the Amery Common Council, the Committee shall be tasked with the investigation, planning and making recommendation for the needs, both currently and long term, of the recycling needs and facilities of the City of Amery to effectively and efficiently serve the residents of the Amery Area. These duties to include recommendations for:

Long term facilities planning, capital expenditures, construction, and improvements to meet anticipated population and development growth in the area;

Potential activities or programming oriented items within the City.