Town of Brookfield, WI Boards and Commissions

Police and Fire Commissioners. There is hereby created a Board of Police and Fire Commissioners pursuant to the authority granted by § 62.13, Wis. Stats. Members shall consist of five citizens, three of whom shall constitute a quorum. The Town Board shall, upon adoption of this chapter, appoint, in writing, five Commissioners for varying terms, with the term of the first Commissioner expiring on April 30, 1995, and the term of the remaining Commissioners terminating on the same date in successive years so that not more than one Commissioner's term will terminate in any given year. Thereafter, the Town Board shall annually, between the last Monday of April and the first Monday of May, appoint, in writing, to be filed with the Secretary of the Board, one member for a term of five years. No appointment shall be made which will result in more than three members of the Board belonging to the same political party. The Board shall keep a record of its proceedings. All Commissioners shall be residents of the Town of Brookfield.

Definitions. The following terms shall have the following meanings within the context of this chapter:

BOARD

The Board of Police and Fire Commissioners of the Town of Brookfield.

CHIEFS

Shall refer to the Chief of Police and Fire Chief of the Town of Brookfield.

MEMBER

Refers to all positions within the Fire and Police Departments of the Town of Brookfield, including Chiefs who are under the jurisdiction of the Board.

SUBORDINATE

Shall refer to members of the Fire and Police Departments other than Chiefs, who are under the jurisdiction of the Board.

Chiefs. The Board shall appoint the Chief of Police and Chief of the Fire Department, who shall hold their offices during good behavior, subject to suspension or removal by the Board for just cause.

(4)

Subordinates, reemployment. The Chiefs shall appoint subordinates subject to approval by the Board. Such appointments shall be made by promotion when this can be done with advantage; otherwise, from an eligible list provided by examination and approval by the Board, and kept on file with the Clerk.

Any person who, on the effective date of this chapter has served and acted as a full-time Town police patrolman, patrolwoman or police officer performing the services by virtue of regular assignment therefor under the orders and supervision of the Chief of Police of said Town, and receiving his or her salary on the regular official payroll of said Police Department for a continuous period of more than 10 years, although not regularly appointed from an eligible list, is deemed to have been regularly appointed as of the time of the commencement of his or her service.

For the choosing of such list, the Board shall adopt, and may repeal or modify, rules calculated to secure the best service in the Departments. These rules shall provide for examination of physical and educational qualifications and experience, and may provide such competitive examinations as the Board shall determine, and for the classification of positions with special examination for each class. The Board shall print and distribute the rules, and all changes in them, at Town expense.

The examination shall be free for all U.S. citizens over 18 years of age and under 55 years of age, with proper limitations as to residence, health and, subject to §§ 111.321, 111.322 and 111.335, Wis. Stats., arrest and conviction record. The examination, including minimum training and experience requirements, shall be job-related in compliance with appropriate validation standards and shall be subject to the approval of the Board and may include tests of manual skill and physical strength. All relevant experience, whether paid or unpaid, shall satisfy experience requirements. The Board shall control examinations and may designate and change examiners, who may or may not be otherwise in the official service of the Town, and whose compensation shall be fixed by the Board and paid by the Town. Veterans shall be given preference points in accordance with § 230.16(7), Wis. Stat.

(5)

Disciplinary actions against subordinates. A subordinate may be suspended as hereinafter provided as a penalty. He/she may also be suspended by the commission pending the disposition of charges filed against him.

Charges may be filed against a subordinate by the Chief, by a member of the Board, by the Board as a body, or by an aggrieved person. Such charges shall be in writing and shall be filed with the President of the Board. Pending disposition of such charges, the Board and Chief may suspend such subordinates.

A subordinate may be suspended for just cause, as described in Subsection (5)(d), by the Chief or the Board as a penalty. The Chief shall file a report of such suspension with the commission immediately upon issuing the suspension. No hearing on such suspension shall be held unless requested by the suspended subordinate. If the subordinate suspended by the Chief requests a hearing before the Board, the Chief shall be required to file charges with the Board upon which such suspension was based.

Following the filing of charges in this case, a copy thereof shall be served upon the person charged. The Board shall set a date for hearing neither less than 10 days nor more than 30 days following service of charges. The hearing on the charges shall be public, and both the accused and the complainant may be represented by an attorney and may compel the attendance of witnesses by subpoenas which shall be issued by the President of the Board on request and be served as are subpoenas under Chapter 885, Wis. Stats.

No subordinate may be suspended, reduced in rank, suspended and reduced in rank, or removed by the Board under Subsection (5)(b), based on charge(s) filed by the Board, members of the Board, an aggrieved person or the Chief under Subsection (5)(a), unless the Board determines whether there is just cause, as described in this subsection, to sustain the charge. In making its determination, the Board shall apply the following standards, to the extent applicable:

Whether the subordinate could reasonably be expected to have had knowledge of the probable consequences of the alleged conduct.

Whether the rule or order that the subordinate allegedly violated is reasonable.

Whether the Chief, before filing the charge against the subordinate, made a reasonable effort to discover whether the subordinate did in fact violate a rule or order.

Whether the effort described under Subsection (5)(b) was fair and objective.

Whether the Chief discovered substantial evidence that the subordinate violated the rule or order as described in the charges filed against the subordinate.

Whether the Chief is applying the rule or order fairly and without discrimination against the subordinate.

Whether the proposed discipline reasonably relates to the seriousness of the alleged violation and to the subordinate's record of service with the Chiefs Department.

Findings and determinations hereunder and orders of suspension, reduction, suspension and reduction, or removal, shall be in writing and, if they follow a hearing, shall be filed within three days thereof with the secretary of the Board.

The Board may make further rules for the administration of this subsection.

No person shall be deprived of compensation while suspended pending disposition of charges.

Any person suspended, reduced, suspended and reduced, or removed by the Board may appeal from the order of the Board to the Circuit Court by serving written notice thereof on the Secretary of the Board within 10 days after the order is filed. Within five days thereafter, the Board shall certify to the Clerk of the Circuit Court the record of the proceedings, including all documents, testimony, and minutes. Thereafter, the procedures set forth in § 62.13(5)(i), Wis. Stats., shall govern the disposition of such an appeal.

(g)

The provisions of Subsection (5)(a) to (f) shall apply to disciplinary actions against the Chiefs where applicable. In addition thereto, the Board may suspend a Chief pending disposition of charges filed by the Board or by the Town Board.

[Amended 12-7-2021 by Ord. No. 2021-004]

(6)

Dismissals and reemployment. Special, temporary, part-time or probationary subordinates, if any, shall be dismissed first when it becomes necessary to reduce the number of subordinates because of need for economy, lack of work or funds, or for other just causes. Thereafter, subordinates shall be dismissed in order of shortest length of service in the department. If subordinates to be dismissed have the same length of service, said subordinates shall be dismissed in the order of the lowest performance evaluation rating.

When it becomes necessary for such reasons to reduce the number of subordinates in the higher positions or offices, or to abolish any higher positions or offices in the Department, the subordinate or subordinates affected thereby shall be placed in a position or office in the department less responsible according to their efficiency and length of service in the Department.

[Amended 12-7-2021 by Ord. No. 2021-004]

The name of a subordinate dismissed for any cause set forth in this section shall be left on an eligible reemployment list for a period of two years after date of dismissal. If any vacancy occurs, or if the number of subordinates is increased in the Department, such vacancy or new positions shall be filled by persons on such list in the inverse order of the dismissal of such persons.

(7)

Compensation. The salaries of the Chiefs and subordinates shall be fixed by the Town Board. Such salaries when so fixed may be increased but not decreased by the Town Board without a previous recommendation by the Board. The Town Board may provide that the salaries shall be increase with length of service.

(8)

Board procedures.

In May of each year, the Board shall elect from its members, a President, Vice-President, and Secretary. Upon motion of any Board member, the vote of the Board shall be by secret ballot.

Board officers shall have the following duties and responsibilities:

President. The President shall:

Preside over all meetings and hearings and ensure their orderly conduct;

Accept filing of written charges against Chiefs and subordinates;

Issue subpoenas for the attendance of witnesses at hearings pursuant to § 62.13(5)(d), Wis. Stats.;

Administer oaths to witnesses appearing before the Board;

Formally ready the charge(s) to the accused at any hearing, including the provisions alleged to have been violated;

Ask questions and control questions asked by other Board members during any hearing;

Ensure standards for procedural due process are afforded the accused at any hearings;

Adjourn Board proceedings.

Vice-President. The Vice-President shall act in the capacity of President whenever the President is unavailable to act for any reason.

Secretary. The Secretary shall:

Conduct all correspondence of the Board, send all notices required by law, ordinance, or these rules or as otherwise requested by the Board;

Cause to be published such official notices as are required;

Attend and keep a record of all Board proceedings, including the preservation of testimony and any evidence received by the Board at any hearings in a permanent record and to certify such record to the Circuit Court when required by law;

Maintain the minutes of each meeting and hearing, with said minutes being signed by the Secretary and President upon approval by the Board;

Provide copies of all Board minutes to each Board member as soon as possible and file a copy of said minutes with the Town Clerk;

Accept filing of all appointments under § 62.13(1) Wis. Stats.; and

Accept for filing all findings and determinations of the Board relative to disciplinary actions and Board orders, all of which shall be filed within three days of their adoption pursuant to § 62.13(5)(f), Wis. Stat.

Amendment of procedures. Except as otherwise provided by the statutes or ordinance, the Board rules and regulations shall be prescribed, amended or repealed by a majority vote of the Board members present. Any such Board rule or regulation adopted by the Board shall govern the activities of the Board until such rule or regulation has been amended or repealed as provided herein.

§ 1.23 Board of Review.

Composition. The Annual Board of Review shall be composed and governed by the provisions of §§ 70.46 and 70.47, Wis. Stats., said composition being four Town Board Supervisors, Town Board Chairperson, and an Elector of the Town.

[Added 8-2-2000]

Appointment of Elector. The Elector shall be appointed annually by the Town Board Chairperson with approval of the Town Board.

Town Clerk responsibilities. The Town Clerk, being an appointed position, is a nonvoting member of the Board of Review and shall keep, pursuant to § 70.46(2), an accurate record of all the Board's proceedings.

Compensation. All members of the Board of Review, including the Town Clerk, shall receive $25 per diem pay for services provided when attending Board of Review meetings.

Confidential information. When the Assessor, in the performance of the Assessor's duties, requests or obtains income and expense information pursuant to § 70.47(7)(af), Wis. Stats., or any successor statute thereto, then such income and expenses information that is provided to the Assessor shall be held by the Assessor on a confidential 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), unless a court determines that it is inaccurate, is, per § 70.47(7)(af), not subject to the right of inspection and copying under § 19.35(1), Wis. Stats.

[Added 8-2-2000]

Procedure. The Board of Review shall proceed in compliance with Chapter 70 Wis. Stats. The Board of Review process shall be as follows:

The Board of Review of the Town of Brookfield will meet annually at any time during the thirty-day period beginning on the second Monday of May. The meeting shall be at the Town Hall unless otherwise designated by the Town Board of the Town of Brookfield. A majority of the members will be a quorum.

[Added 5-7-1996]

All meetings of the Board of Review of the Town of Brookfield are to be open to all citizens at all times. No formal action of any kind shall be introduced, deliberated upon, or adopted in any closed session or closed meeting of the Board of Review.

The hours of the first meeting of the Board of Review of the Town of Brookfield shall be a minimum of two hours beginning at 8:00 a.m., unless otherwise directed by § 70.47, Wis. Stats. During the first meeting, the Board of Review shall receive the assessment roll and sworn statements from the Clerk. Any change in the time of the Board of Review's first meeting will not be effective unless notice is posted in three or more public places in the Town of Brookfield for at least 15 days before the first meeting.

[Amended 4-5-2023 by Ord. No. 2023-04]

The Board of Review of the Town of Brookfield may adjourn from time to time until business is complete. If the meeting is adjourned for more than one day, a written notice shall be posted on the outer door of the place of the meeting stating to what time said meeting is adjourned.

The named Clerk of the Town of Brookfield shall keep a record in the minute book of the proceedings.

The Board of the Review of the Town of Brookfield shall carefully examine the roll or rolls and correct all apparent errors in description and computation. The Board of Review of the Town of Brookfield shall not raise or lower an assessment on any property except as provided in Wis. Stats.

(g)

The Board of Review of the Town of Brookfield shall receive objections, shall provide a hearing and shall correct the assessments pursuant to § 70.47, Wis. Stats.

[Amended at time of adoption of Code (see Ch. 25, General Provisions, Art. II)]

(h)

The Clerk shall make the changes to the assessment roll ordered by the Board of Review of the Town of Brookfield.

§ 1.24 Personnel Committee.

[Added 8-4-2000]

There is hereby created a Personnel Committee to oversee the development and implementation of personnel policies and procedures that affect nonrepresented and, in cases where permitted by law and labor contract, represented employees. The Committee shall comply with the Town of Brookfield personnel policies and procedures and all appropriate local, state and federal laws.

Committee membership. The Personnel Committee shall consist of two Town Supervisors and may include one citizen with knowledge and expertise in human resources or personnel management.

[Amended 12-7-2021 by Ord. No. 2021-004]

Town Administrator as ex-officio member. The Town Administrator shall serve as ex-officio member of the Committee and as personnel officer pursuant to § 1.17(3)(a)18 of the Code of the Town of Brookfield.

Committee responsibilities. The Personnel Committee shall have the following responsibilities:

Upon recommendation of the Town Administrator, review and recommend action to the Town Board regarding the creation of personnel policies and procedures. In addition, upon recommendation of the Administrator, review and recommend any subsequent amendments to the personnel policies and procedures.

Upon recommendation of the Town Administrator, review and recommend action to the Town Board regarding the creation and/or amendments of all job descriptions.

Upon recommendation of the Town Administrator, review and recommend action to the Town Board regarding proposed merit increases and wage/salary adjustments for all staff and department heads.

Upon recommendation of the Town Administrator, review and recommend action to the Town Board regarding the hiring of staff and department heads. At the Committee's discretion, participate in the interview process.

Upon recommendation of the Town Administrator, review and recommend action to the Town Board regarding the firing of staff and department heads.

Upon recommendation of the Town Administrator, review and recommend action to the Town Board regarding any promotions, demotions or job transfers initiated either by an employee's request for such action or as a result of an employee's performance evaluation.

(g)

Upon recommendation of the Town Administrator, review and recommend to the Town Board any disciplinary action imposed on nonrepresented employees or, where appropriate, represented employees.

(h)

Consider grievances that are unresolved by the Town Administrator and recommend action to the Town Board.

(i)

Consider and recommend action to the Town Board on issues that require the Town Administrator to recuse him/herself from involvement in said issue.

(j)

Consider and recommend action to the Town Board regarding any commendations, awards, and rewards to employees for extraordinary services provided the Town.

(k)

Consider and recommend action, in consultation with the Town Administrator, any issues that involve the health and safety of all Town employees.

§ 1.25 Beautification and Tree Committee.

[Added 10-17-2000]

Creation and establishment of a Town Beautification and Tree Committee. There is hereby created and established a Town Beautification and Tree Committee for the Town, which shall consist of five members who are residents of the Town who shall be appointed by the Town Board Chairperson with the approval of the Town Board. The Town Board Chairperson shall also appoint, with the approval of the Town Board, a first alternate member and a second alternate member to act only when a regular member is absent or refuses to vote because of interest. The second alternate member may act only when the first alternate is unable to act or is already sitting.

Term of office. The term of the five persons to be appointed by the Chairperson shall be three years, except that the term of two of the members appointed to the first Board shall be for only one year and the term of two members of the first Board shall be for two years. In the event that a vacancy shall occur during the term of any member, a successor shall be appointed for the unexpired portion of the term. The term of the alternate members shall be three years.

Compensation. Members of the Committee shall serve without compensation.

Duties and responsibilities. The Committee shall study, investigate, counsel and develop and/or update annually a written plan for the care, preservation, pruning, planting, replanting, removal or disposition of trees, shrubs, plants and other landscaping in parks, along streets and in other public areas. The Committee shall also develop a written plan for the selection and installation of decorative and direction signs and lighting on Town property and rights-of-way. All lighting installations shall be approved by the Architectural Control Committee. Such plans will be presented annually to the Town Board and, upon their acceptance and approval, shall constitute the official Comprehensive Town Plan for the Town. The Committee, when requested by the Town Board, shall consider, investigate, make findings, report, and recommend upon any special matter of question coming within the scope of its work. Such plans shall be administered by, in consultation with the Committee, relevant department heads.

Operation. The Beautification and Tree Committee shall choose its own officers, make its own rules and regulations, and keep minutes of its proceedings. No member shall be eligible to serve as Chairperson for more than two years, but such member shall again be eligible to serve as Chairperson after two full years have elapsed since that member last held such office. A majority of the members shall be a quorum for the transaction of business.

Species, spacing, distance. The Beautification and Tree Committee shall establish a list of all acceptable street tree species for the Town. No species other than those included on said list may be planted as street trees without written permission of the Committee. The Committee shall establish a written policy for the spacing of street trees and setting forth the distance trees may be planted from curbs, curblines, sidewalks, street corners and fire hydrants.

Utilities. No street trees other than those identified by the Beautification and Tree Committee pursuant to § 1.25(1)(e) of this chapter, may be planted under or within 10 lateral feet of any overhead utility wire or over or within 20 feet of any underground water line, sewer line, transmission line or other utility.

Definitions. As used in this chapter, the following terms shall have the meanings indicated:

OTHER VEGETATION

Any vegetation, such as flowers and plants, not ordinarily considered a tree, shrub, bush, or woody vegetation.

PARK TREES

Trees, shrubs, bushes and all other woody vegetation in public parks and all areas owned by the Town or to which the public has free access as a park.

STREET TREES

Trees, shrubs, bushes and all other woody vegetation on land lying between property lines on either side of all streets, avenues or ways within the Town.

Public tree care. The Town shall have the right to plant, prune, maintain and remove trees, plants and shrubs within the lines of all streets, alleys, avenues, lanes, squares and public grounds as may be necessary to insure public safety or to preserve or enhance the symmetry and beauty of such public grounds.

(4)

Tree topping. No person, firm or Town department shall, as a normal practice, top any street tree, park tree, or other tree on public property. "Topping" is defined as the severe cutting back of limbs to stubs larger than three inches in diameter within the tree's crown to such a degree to remove the normal canopy and disfigure the tree. Trees severely damaged by storms or other causes or certain trees under utility wires or other obstructions, where other pruning practices are impractical, may be exempted from this subsection at the determination of the Town Beautification and Tree Committee in consultation with Director of Public Works.

(5)

Pruning; obstruction of streets, streetlamps, view at intersections, view of traffic signs.

Resident owner responsibility. Every owner of any tree overhanging any street shall prune the branches so that such branches do not obstruct the light from any streetlamp, and so that there shall be a clear space of 16 feet above the surface of the street or sidewalk.

[Amended at time of adoption of Code (see Ch. 25, General Provisions, Art. II)]

Obstruct view of vehicles and pedestrians prohibited. No person shall maintain, plant or permit to remain on any private or public premises situated at the intersection of two or more streets or alleys in the Town any tree, shrub, hedge or other growth which may obstruct the view of the operator of any motor vehicle or pedestrian approaching such intersection.

Obstruct view of traffic signs and driveways prohibited. No person shall maintain, plant or permit to remain on any private or public premises any tree, shrub, bush or vegetation of any kind which is an obstruction to the clear and complete vision of any traffic sign or driveway approach to a street in the Town.

Duty of owner to remove obstruction. It shall be the duty of every owner of a tree, shrub, bush or other vegetation to remove the obstructions as set forth in § 1.25(5)(a), (b) and (c) hereof. Any tree, shrub, bush or other vegetation which obstructs a streetlamp, sidewalk, the view at an intersection or the view of a traffic sign shall be deemed to be dangerous to public travel and the Town may order, by written notice, the owner or occupant of any private place or premises on which there stands such obstruction to take such steps as are necessary to remove such interference. If such owner or occupant fails, within 10 days of receipt of notice, to take such necessary steps, the Town shall remove the interference. The cost of removing the interference shall be levied and collected as a special charge upon the property on which or in front of which such obstructing tree, shrub, bush or other vegetation stands.

(6)

Removal of trees or shrubs.

Dangerous, obstructive and infected trees. Any tree or part thereof, whether alive or dead, which the Town shall find to be infected, hazardous or a nuisance so as to endanger the public or other trees, plants or shrubs growing within the Town, or to be injurious to sewers, sidewalks or other public improvements whether growing upon public or private premises, shall be removed, trimmed or treated by the owner of the property upon or adjacent to which such tree or part thereof is located. The Town shall give written notice to said owner to remedy the situation which shall be served personally or posted upon the affected tree. Such notice shall specifically state the period of time within which the action must be taken, which shall be within not less than 24 hours nor more than 14 days as determined by the Town on the basis of the seriousness of the condition of the tree or danger to the public. If the owner shall fail to remove, treat or trim said tree within the time limited, the Town shall cause the tree to be removed, treated or trimmed and shall report the full cost thereof to the Town Administrator-Treasurer, who shall thereupon enter such cost as a special charge against the property.

Removal standards. In cutting down trees located in public and terrace areas, the tree must be removed with the root stump grubbed out, or ground out to a depth of at least nine inches below grade measured in a straight line with the normal grade of sidewalk to top of nine inches below grade measured as a straight line, normal grade of sidewalk to top of curb. All wood and debris must be removed from the street prior to the end of the each working day and all holes shall be filled to normal grade level with topsoil as soon as practical.

Private removal. Except as otherwise provided herein, no person, firm, organization or corporation shall trim, remove or destroy any tree or shrub located in or upon any public place, until written permission shall have been issued by the Town Beautification and Tree Committee. Such permission shall be given only when the removal, trimming or cutting of the tree or shrub is necessary, as determined by the Committee, because of disease, damage, hazardous condition, and/or location, or its location is such that substantial detriment is done to the property abutting the same. Such written permission shall expressly state the premises upon which the tree stands and the location of the tree thereon. Notwithstanding the foregoing provisions, any public utility may trim, remove or destroy any tree or shrub located upon any public place after receiving verbal permission from the Town Director of Public Works. Such verbal permission shall only be given for the reasons set forth above.

(7)

Interference with Town Beautification And Tree Committee or Town employees or agents. No person shall prevent, delay or interfere with the Town Beautification and Tree Committee, Town employees, or any of their agents while engaging in and about the planting, cultivating, mulching, pruning, spraying or removing of any trees, shrubs, bushes or other vegetation on private grounds as authorized in this section.

(8)

Review by Town Board. The Town Board shall have the right to review any conduct, acts, and decisions of the Town Beautification and Tree Committee. Any person may appeal from any ruling or order of the Town Beautification and Tree Committee to the Town Board who may hear the matter and make a final decision.

(9)

Penalty. Except as otherwise provided in this chapter, any person who violates any provision of this chapter shall be subject to a penalty as provided in § 25.04 of this Code.

§ 1.26 Park and Recreation Committee.

Subject to the review and approval of the Town Board, the Park and Recreation Committee shall oversee the development and maintenance of the park system of the Town. The Committee shall oversee the recreation programs of the Town.

Committee membership. The Town Park and Recreation Committee shall consist of seven members, appointed by the Town Board of Supervisors in writing, and filed with the Town Clerk. The term of each member shall be for seven years, with appointments in June for each term expiring July 1. Initial appointments and annual appointments thereafter shall be staggered so that in each year a new appointment of one member shall be made by the Town Board of Supervisors.

[Amended at time of adoption of Code (see Ch. 25, General Provisions, Art. II)]

Members of the Committee shall serve without compensation.

Park and Recreation Director as ex-officio member. The Park and Recreation Director shall serve as ex-officio member of the Committee.

§ 1.27 Stormwater Management Plan Implementation Committee (SMPIC).

[Amended 3-5-2002]

Creation and establishment of a Stormwater Management Plan Implementation Committee (SMPIC).

The Town of Brookfield has many areas that are impacted by stormwater and resultant runoff. Such runoff can and does cause damage to public and private property. As a responsible local government, the Town of Brookfield must review and correct such problems that are under its jurisdiction. It must also make private property owners aware of conditions on their property that contribute to the Town's stormwater problems. Ultimately, it is a benefit to all property owners in the Town of Brookfield if a proactive maintenance, repair and replacement program were in place to reduce the impact of stormwater runoff in the community. The current Stormwater Management Plan addresses many of the problems in the community and suggests solutions. Efforts are being made to relieve existing problems that are under the Town's jurisdiction using this document. However, a more proactive mechanism is necessary to implement a Town-wide program for both public and private property.

Therefore, based on the aforementioned premise, the Stormwater Management Plan Implementation Committee (SMPIC) is hereby created, which mission is to recommend to the Town Board an effective way of proactively implementing the Stormwater Management Plan in a responsible manner.

Membership. Committee membership shall total seven voting members consisting of two Town Board Supervisors and four residents and one Plan Commission member. The Public Works Director, Building Inspector, Town Engineer and Town Administrator shall be ex-officio members.

Term of office. Town Board and Plan Commission members shall be appointed annually by the Town Board Chairperson. The Town Board Chairperson shall select the Committee chairperson. Resident members shall be appointed by the Town Board Chairperson with the term of each being three years. The term of two of the citizen members appointed to the first Committee shall be for one year. The term of another of the citizen members of the first Committee shall be for two years. The term of another, or third, of the citizen members of the first Committee shall be for three years. In the event that a vacancy shall occur during the term of any member, a successor shall be appointed for the unexpired portion of the term.

Compensation. Members of the Committee shall serve without compensation.

Duties and responsibilities. To carry out the aforementioned mandate, the Committee is charged to do the following.

Within the guidelines of the Stormwater Management Plan, create and implement mechanisms by which stormwater issues, within both the public and private domain, are identified and resolved. Such mechanisms include:

Emergency response.

Funding.

Planning.

Administration.

Prioritization.

Enforcement.

Prepare a complete inventory of:

All existing easements relating to stormwater runoff.

Determine where additional easements are necessary in order to effect the implementation of said plan.

Update all logistical information regarding the types, materials, etc., of all stormwater systems within the Town. Such information will include legible graphs, charts, and maps. Such information will also include costs for repair, maintenance and replacement of such systems.

Recommend a maintenance and improvement program or ordinance.

Recommend a method or methods by which the aforementioned program or ordinance can be financed. Public/private financial responsibility, loans and grants should be considered.

§ 1.28 Architectural Review Committee.

[Added 12-7-2021 by Ord. No. 2021-004]

See § 17.02 of the Town Zoning Code.

§ 1.29 Community Development and Redevelopment Authority.

[Added 11-1-2022]

Creation of the Community Development and Redevelopment Authority. Pursuant to the authority granted by § 66.1335, Wis. Stats., and the Town Board Resolution 2012-03-01 dated March 6, 2012, creating the Community Development and Redevelopment Authority of the Town of Brookfield, Wisconsin, there shall be a Community Development and Redevelopment Authority for the Town of Brookfield as a separate body politic, for the purpose of carrying out blight elimination and prevention, slum clearance, urban renewal and redevelopment, community development and redevelopment, and housing projects. Such Authority shall be known as the "Community Development and Redevelopment Authority of the Town of Brookfield, Wisconsin" but may also be referred to in the Municipal Code as in the "Community Development and Redevelopment Authority."

Composition, appointments, and terms. The Town Chairman, with confirmation of a majority vote of the Town Board, shall appoint seven resident persons, having sufficient ability and experience in the fields of urban renewal, community development, and housing, as Commissioners of the Community Development and Redevelopment Authority.

Two of the Commissioners shall be members of the Town Board and serve on the Community Development and Redevelopment Authority during their respective terms of office as Town Board members. One such term shall coincide with a Town Board term expiring in an even year, and one shall coincide with the Town Board term expiring in an odd year.

Five citizen members shall be appointed Commissioners by the Town Chairman to hold initial terms of office as follows: two Commissioners for one year and one Commissioner each for terms of two, three, and four years. Thereafter, the terms of the non-Town Board Commissioners shall be four years and until their successors are appointed and qualified.

Vacancies shall be filled for the unexpired term as provided in this subsection.

Bylaws. The Town Board has established and approved bylaws and rules of procedure to be kept on file in this office of the Town Clerk. The Community Development and Redevelopment Authority may amend the bylaws as it deems appropriate upon a majority vote of all members of the Community Development and Redevelopment Authority, and upon approval of the Town Board.

(4)

Compensation. Commissioners of the Community Development and Redevelopment Authority shall be reimbursed their actual and necessary expenses, including local travel expenses, incurred in the discharge of their duties and shall receive such compensation as shall be established from time to time by resolution of the Town Board.

(5)

Powers and duties. The Community Development and Redevelopment Authority shall have the following powers and duties:

The Community Development and Redevelopment Authority shall have all the powers, duties, and functions set forth in § 66.1335, Wis. Stats., for the purpose of carrying out qualified redevelopment projects and low-income and elderly housing projects, with the exception of the power of eminent domain.

The Community Development and Redevelopment Authority shall act as the agent of the Town of Brookfield in planning and carrying out community development programs and activities approved by the Town Board and the Town Chairman under the Federal Housing and Community Development Act of 1974.