(A)
Enumerated. The elected officials of the Village shall be the Village
President, six Trustees, and the Municipal Judge.
(B)
Terms. The following officials shall be elected in the manner and
for the term indicated:
|
Official
|
How Elected
|
Term
|
|---|---|---|
|
President
|
Biannually, odd numbered years
|
2 yrs.
|
|
Three Trustees
|
Biannually, odd numbered years
|
2 yrs.
|
|
Three Trustees
|
Biannually, even numbered years
|
2 yrs.
|
|
Municipal Judge
|
Biannually, odd numbered years
|
2 yrs.
|
(C)
Compensation. The President and Board of Trustees may by a three-fourths
vote of all members of the Village Board determine the compensation
to be paid to the President, Trustees and the Municipal Judge. The
initial compensation for elected officials, effective April 9, 2015,
shall be as follows:
Except as appointments are provided for in 1.14 (Plan Commission),
1.16 (Board of Review), 5.015 (Fire Commission) and 1.17 (Board of
Appeals), officials shall be appointed by the President and confirmed
by the Village Board in the manner and for the term indicated:
|
Official
|
How Appointed
|
Term
|
|---|---|---|
|
Village Clerk/Treasurer
|
Village Board
|
Not to exceed 3 years
|
|
Building Inspector
|
Village Board
|
Indefinite
|
|
Deputy Emergency Government Director
|
Village Board
|
Indefinite
|
|
Attorney
|
Village Board
|
Indefinite
|
|
Administrator
|
Village Board
|
Indefinite
|
|
Assessor
|
Village Board
|
Per § 60.307, Wis. Stats.
|
|
Auditor
|
Village Board
|
Indefinite
|
|
All other employees
|
Village Board
|
Indefinite
|
(A)
Elected and appointed officials shall take and file the official
oath within five days after notice of their election or appointment
as provided in § 60.31, Wis. Stats., and if required, shall
execute and file the official bond pursuant to § 60.31,
Wis. Stats.
(B)
The Village is hereby obligated to pay all state and county taxes
required by law to be paid by the Village Clerk/Treasurer to the County
Treasurer if such Village Clerk/Treasurer shall fail so to do. This
obligation is assumed in lieu of the Treasurer's Bond required
by § 70.67, Wis. Stats.
The salaries of appointed officials, including members of Boards
and Commissions created by Ordinance, shall be as determined by resolution
of the Village Board from time to time.
(A)
Restricted. No Village employee or official shall receive or offer
to receive, either directly or indirectly, any gift, gratuity or other
thing of value which he is not authorized to receive from any person
who:
(1)
Has or is seeking to obtain contractual or other business or
financial relationships with the Village or Village Board; or
(2)
Conducts operations or activities which are regulated by the
Village or Village Board; or
(3)
Has interests which may be substantially affected by the Village
or Village Board.
(A)
Paper Ballots Obsolete. The Village Board has from time to time taken
under advisement a review of the former system of paper ballot voting
by the electorate of the Village of Somers and finds that such system
is obsolete and should be discontinued. After giving consideration
to alternative methods the Board believes that an electronic voting
system will better serve the electoral process for the voters of the
Village of Somers.
(B)
Electronic Voting Established. Commencing with the spring election
of 1982, voting by electronic voting system is hereby established
for the Village of Somers.
(C)
Wisconsin Statutes Adopted. Chapter 5, Subsection III, Wis. Stats., entitled "Electronic Voting Systems" (§ 5.76 through § 5.95, Wis. Stats.) as may from time to time be amended relating to requirements for establishing and maintaining an electronic voting system is hereby adopted by reference in the same manner as set forth in full.
(D)
Exceptions. The Village Board of the Village of Somers may vote to
use paper ballots at an election if it determines that the election
is expected to have a low turnout of voters and the election only
affects residents of the Village of Somers. The Board may also vote
to use paper ballots for an election when all other jurisdictions
affected by the election do the same.
(B)
Duties And Powers.
(1)
Village President. The Village President shall have such duties
as are enumerated in § 61.24, Wis. Stats. In the event of
the temporary unavailability of the Village President, or in the event
a temporary or permanent vacancy exists in the office of the Village
President, then and only for the duration of such unavailability or
vacancy and pursuant to § 61.23, § 61.32 and § 61.50,
Wis. Stats., the remaining Trustees by a majority vote may select
a President Pro Tem to preside over meetings and who shall be authorized
to sign all ordinances, resolutions, by-laws, orders, regulations,
commissions, licenses, permits, drafts, checks and transfer orders
adopted or authorized by the Village Board in the absence of the Village
President.
(2)
As Village Board. The Village President and Trustees shall constitute
the Village Board and shall have such duties and powers as are enumerated
in § 61.32, Wis. Stats., and elsewhere in the State Statutes.
(C)
Authority. The Village Board shall have all powers of the Village
not specifically given to some other body or officer. Except as otherwise
provided by law, the Village Board shall have the management and control
of the Village property, finances, highways, streets, utilities and
the public service and may act for the government and good order of
the Village, for its commercial benefit and for the health, safety,
welfare and convenience of the public and may carry its powers into
effect by license, regulations, borrowing, taxation, special assessment,
appropriation, imposition of forfeitures and other necessary or convenient
means. The Village Board may appoint such officials from time to time
as may be deemed necessary for the benefit of the community. In addition,
the Village Board shall have the powers enumerated in § 61.34,
Wis. Stats. The powers hereby conferred shall be in addition to all
other grants and shall be limited only by express language.
(D)
Meetings. The Village Board shall meet the second and fourth Tuesdays
of each month unless changed by majority vote of the Village Board
for a specific reason.
(A)
Combined Offices. Pursuant to § 66.0101, Wis. Stats., the
offices of Village Clerk and Village Treasurer have been combined.
(B)
Appointed Position. Pursuant to § 66.0101, Wis. Stats.,
the combined office of Village Clerk/Treasurer is an appointed position.
(C)
General Duties.
(1)
Keep current with changes in the County, State and Federal legislation
and pending legislation regarding activities in the Clerk's office.
(2)
Advise the public as needed regarding information relative to
the Clerk/Treasurer's office.
(3)
Notary Public for Village and citizens who need documents notarized.
(4)
In coordination with the President and Village Administrator,
prepare the agenda for all meetings of the Village Board. Provide
supporting material that may be required.
(5)
Administer Oaths of Office for employees and elected officials.
(6)
Serve as Secretary for the Board of Review. Prepare notices
and meeting minutes, examine assessment rolls, supervise open book
period, schedule appointments and accept objections filed by appellants.
(7)
Assist the Village Administrator in the maintenance of employee
health and life insurance and Village property and liability insurance.
Assist with handling claims for loss and damage. Assist in the maintenance
of property and liability claims.
(8)
Maintain an efficient and effective filing system of all records,
books, papers or property belonging to, filed, or deposited in the
Village Clerk's office.
(9)
Assist the Village Administrator in the preparation of the annual
Village budget.
(10)
Prepare and adhere to annual department budget for Clerk/Treasurer's
office and elections.
(11)
Attend all department head, commission and committee meetings
as requested.
(12)
Perform such other and further duties as required by Village
ordinance, State Statutes and as may be directed by the Village Administrator
or Village Board.
(D)
Duties. The Village Clerk/Treasurer shall perform those duties prescribed
by § 61.25 and § 61.26, Wis. Stats., and such
other duties as may be required by law or requested by the Village
Board.
(1)
The Village Clerk/Treasurer shall be charged with the enforcement
of all ordinances relating to licenses unless other provision is made
by the Village Board for enforcement.
(2)
The payment of all personal property taxes, special assessments,
all forfeitures or judgments resulting from conviction for violation
of any Village ordinance, except for moving traffic violations, and
all other judgments due and owing from any applicant to the Village
of Somers at the time of the application for any license or permit
provided for in these ordinances, and any of the same relating to
the property or business previously licensed if the new license is
granted consequent or conditionally upon the sale or transfer of the
business or stock in trade or furnishings or equipment of the premises
or of the ownership or control of the corporation is a condition precedent
to the granting of such license or permit. If the personal property
tax bill has not been issued, the Clerk/Treasurer shall require advance
payment based on the previous year's mill rate multiplied by
the current year valuation of the premises, property or business.
No license or permit application shall be granted until the Clerk/Treasurer
has certified on the application that all required payments have been
made.
(3)
Clerk of Village Board.
(a)
Serve as Clerk of the Village Board, attend meetings of the
Board and keep a full record of its proceedings.
(b)
File all accounts approved by the Village Board or allowed at
Village meetings and enter a statement of the accounts in the Village's
record book.
(c)
File with the Village Board claims approved by the Clerk, as
required under § 61.25, Wis. Stats.
(4)
Maintain a finance book, which shall contain a complete record
of the finances of the Village, showing the receipts, with the date,
amount and source of each receipt; the disbursements, with the date,
amount and object of each disbursement; and any other information
relating to Village finances prescribed by the Village Board. The
financial records the Village Clerk is expected to maintain are in
addition to, not in lieu of, those the Village Treasurer is statutorily
required to maintain.
(5)
Elections and appointments.
(b)
Transmit to the County Clerk, within 10 days after election
or appointment and qualification of any Village Trustee or Assessor,
a written notice stating the name and post office address of the elected
or appointed officer. The Clerk/Treasurer shall promptly notify the
County Clerk of any subsequent changes in such offices.
(c)
Transmit to the Clerk of Circuit Court, immediately after the
election or appointment of any Municipal Judge in the Village, a written
notice stating the name of the Municipal Judge and the term for which
elected or appointed. If the Judge was elected or appointed to fill
a vacancy in the office, the Clerk/Treasurer shall include in the
notice the name of the incumbent who vacated the office.
(6)
Execute the conveyance of real property of the Village.
(8)
Records.
(a)
Comply with Subchapter II of Chapter 19, Wis. Stats., concerning any record of which the Clerk/Treasurer is if legal custodian.
(b)
Demand and obtain the official books and papers of any Municipal
Judge if the office becomes vacant and the Judge's successor
is not elected or appointed and qualified, or if any Municipal Judge
dies. The Village Clerk/Treasurer shall dispose of the books and papers
as required by law.
(9)
Subject to § (D)(2), above, Issue any license or permit
granted by the Village Board when presented with a receipt indicating
that any required fee has been paid.
(10)
Schools.
(a)
Perform the Clerk's duties under Chapters 115 to 121, Wis.
Stats., relating to public instruction.
(b)
Within 10 days after the Clerk/Treasurer's appointment,
report his or her name and post office address to the administrator
of each cooperative educational service agency which contains any
portion of the Village. The Clerk/Treasurer shall report to the administrator
the name and post office address of each school district clerk within
10 days after the name and address is filed in the Clerk/Treasurer's
office.
(c)
Make and keep in the Clerk/Treasurer's office a map of
the Village, showing the exact boundaries of school districts within
the Village.
(d)
Apportion, as provided by law, tax revenues collected by the
Village for schools.
(11)
Perform the duties specified in Chapters 82 to 86, Wis. Stats.,
relating to highways, bridges and drains.
(12)
Notify the Clerk of the county in which the Village is located,
by March 15, of the proportion of property tax revenue, and the credits
under § 79.10, Wis. Stats., that is to be disbursed by the
County Clerk to each taxing jurisdiction located in the Village.
(13)
Perform all other duties required by law, ordinance or lawful
direction of the Village meeting or Village Board.
(14)
Receive and disburse Village money.
(a)
Receive and take charge of all money belonging to the Village,
or which is required by law to be paid into the Village, treasury,
and disburse the money under § 66.0607, Wis. Stats.
(b)
Keep an itemized account of all moneys received and disbursed,
specifying the source from which it was received, the person to whom
it was paid and the object for which it was paid. The Clerk/Treasurer
shall issue numbered receipts for all funds received. At the request
of the Village Board, the Clerk/Treasurer shall present the account
books, and any supporting documents requested, to the Board.
(15)
Deposit as soon as practicable funds of the Village in the name
of the Village in the public depository designated by the Village
Board. Failure to comply with this subsection is grounds for removal
from office.
(16)
Comply with Subchapter II of Chapter 19, Wis. Stats., concerning records of which the Clerk/Treasurer is legal custodian.
(17)
Perform all of the duties relating to taxation required of the
Village Treasurer under Chapters 70 to 79, Wis. Stats.
(18)
Preliminary settlement of schools taxes.
(a)
Make partial apportionment of levies by school districts and
vocational, technical and adult education districts out of any funds
available to the Village Clerk/Treasurer prior to the tax apportionment
provided by § 74.23 and § 74.25, Wis. Stats.,
within five days after the filing of a written request by the district
board. The Village Board may not deny such a request. The district
board may not receive more than one payment under this subsection
during the month.
(b)
On or before January 15 and February 15 and any other date specified by the Village Board, make payment to the appropriate school district, and to the appropriate vocational, technical and adult education district treasurer, if the district has not received a payment under Subsection (a) above during that month. The payment shall be the proportion of the school district's or vocational, technical and adult education district's levy that the general property taxes collected in the Village, except collections for state trust fund loans, state tax and state special charges, up to the last day of the preceding month, bear to the total general property tax levy in the Village for all purposes, except levies for state trust fund loans, state tax and state special charges. The Village Clerk/Treasurer may make the payments required under this subsection without authorization by the Village Board.
(c)
On or before January 15 and any other date specified by the
Village Board, pay under § 74.12, Wis. Stats., to the appropriate
school district treasurer and vocational, technical and adult education
district treasurer the proportion of the district's levy that
the general property taxes collected in the Village, except collections
for state trust fund loans, state tax and state special charges, up
to the last date of the preceding month, bear to the total general
property tax levy in the Village for all purposes, except levies for
state trust fund loans, state tax and state special charges.
(A)
Municipal Judge.
(1)
Office Created. Pursuant to Chapter 755, Wis. Stats., there
is created the office of Municipal Judge for the Village of Somers
and Town of Somers.
(2)
Qualifications. The joint court shall be under the jurisdiction
of and presided over by a Municipal Judge (who shall be an attorney
licensed to practice law in Wisconsin) and who resides in one of the
municipalities that is a party to the agreement forming this joint
court.
(3)
Salary. The Municipal Judge shall receive a salary as determined
from time to time by resolution of the Village Board of the municipalities
that are parties to the agreement, which shall be in lieu of fees
and costs. No salary shall be paid to the Judge for any time during
the term for which the Judge has not executed and filed the official
bond and oath as required by paragraph (4) of this subsection. The
municipalities may by separate ordinance allocate funds for the administration
of the Municipal Court pursuant to § 66.0301, Wis. Stats.
(4)
Bond; Oath. The Municipal Judge, after election or appointment
to fill a vacancy, shall execute and file with the Clerk of Courts
for Kenosha County the oath prescribed by § 757.02, Wis.
Stats., and at the same time, a bond in the penal sum of $1,000. The
Municipal Judge shall not be qualified to act until a certified copy
of the oath is filed with the office of the State Administrator of
Courts as required by § 755.03, Wis. Stats.
(5)
Jurisdiction. The Municipal Court shall have jurisdiction over
incidents occurring on or after November 1, 2016, as provided in Article
VII, § 14 of the Wisconsin Constitution, § 755.045
and § 755.05, Wis. Stats., and as otherwise provided by
state law. In addition, it shall have exclusive jurisdiction over
actions in the municipalities that are parties to the agreement seeking
to impose forfeitures for violations of municipal ordinances, resolutions
and by-laws. The Municipal Judge may issue civil warrants to enforce
matters under the jurisdiction of the Municipal Court under § 755.045(2)
and § 66.0119, Wis. Stats. The Municipal Court has jurisdiction
over juvenile offenders when a municipality that is party to the agreement
enacts an ordinance under the authority of § 938.17(2)(cm),
Wis. Stats.
(6)
Election and Term.
(a)
Term. The Municipal Judge shall be elected at large in the spring election in odd-numbered years for a term of four years commencing on May 1. All candidates for the position of Municipal Judge shall be nominated by nominated papers as provided in § 8.10, Wis. Stats., and selection at a primary election if such is held as provided in § 8.11, Wis. Stats. The County Clerk shall serve as filing officer for the candidates.
(b)
Electors. Electors in all municipalities that are parties to
the agreement shall vote for Judge.
(B)
Municipal Court.
(1)
Court Established. The Joint Municipal Court designated "Municipal
Court for the Village of Somers and Town of Somers" is established
pursuant to § 755.01, Chapter 755 and § 66.0301,
Wis. Stats., and shall become operative and function on November 1,
2016.
(2)
Hours. The Municipal Court shall be open at such times as determined
by the governing bodies of the municipalities that are parties to
the agreement and the Municipal Judge.
(3)
Location. The Municipal Judge shall keep his office and hold
court in the Somers Village/Town Hall.
(4)
Employees. The Municipal Judge shall, in writing, appoint such
clerks and deputy clerks as are authorized and funded by the Village
Board of the municipalities that are parties to the agreement.
(5)
Procedure. The procedure in Municipal Court shall be as provided
by this section and state law including, without limitation because
of enumeration, Chapter 755, Chapter 800 and § 23.66 to
§ 23.99 and § 345.20 to § 345.53, Wis.
Stats.
(a)
Collection and Forfeiture of Costs. The Municipal Judge may
impose punishment and sentences as provided by Chapters 800 and 938,
Wis. Stats., and as provided in the ordinances of the municipalities
that are parties to the agreement. All forfeitures, fees, assessments,
surcharges and costs shall be paid to the Treasurer of the municipality
within which the case arose within 30 days after receipt of the money
by the Municipal Court. At the time of the payment, the Municipal
Court shall report to the Treasurer the title of the action, the nature
of the offenses and total amount of judgments imposed in actions and
proceedings in which such monies were collected.
(b)
Contempt of Court. The Municipal Judge, after affording an opportunity
to the person accused to be heard in defense, may punish for contempt
of Municipal Court persons guilty of either of the following acts
and no other:
(i)
Disorderly, contemptuous and insolent behavior
toward the Judge while engaged in any judicial proceeding or other
conduct which tends to interrupt the proceeding or to impair the respect
due the Judge's authority.
(ii)
Resistance of or disobedience to any lawful order
or process made or issued by the Judge.
|
The Municipal Judge may, upon finding any person guilty of contempt,
order such person to forfeit not more than $50 plus such penalty assessment
as may be authorized by statute from time to time. Upon non-payment
of the forfeiture and penalty the person found guilty of contempt
may be sentenced to the county jail not to exceed seven days.
|
(c)
Stipulations and Deposits in Municipal Court.
(i)
Deposit Schedule to be Established. The Municipal
Judge shall establish and submit to the Village Board for approval
in accordance with § 800.03(3), Wis. Stats., a schedule
of deposits for violation of Village Ordinances, Resolutions and By-Laws
except traffic regulations which are governed by § 345.26,
Wis. Stats., and boating violations governed by § 23.66,
Wis. Stats.
(ii)
Stipulation and Deposit in Lieu of Court Appearance.
Persons cited for violations of Village Ordinances, Resolutions, or
By-Laws for which a deposit has been established under this subsection
and where no personal appearance is requested, shall be permitted
to make a stipulation of no contest and a deposit in lieu of court
appearance as provided in § 800.03, § 800.04 and
§ 800.09, Wis. Stats.
(iii)
Traffic Deposits. The deposit schedule established
by the Wisconsin Judicial Conference and the procedures set forth
in Chapter 345, Wis. Stats., shall apply to stipulations and deposits
for violation of traffic regulations enacted in accordance with § 345.26,
Wis. Stats.
(iv)
When Not Permitted. Stipulations and deposits
shall not be permitted in cases of contempt under sub. (B)(5)(b) of
this ordinance or in cases where a continuing violation is alleged
for which a daily forfeiture may be imposed.
(6)
Abolition. The Municipal Court hereby established shall not
be abolished while the § 755.01(4) agreement is in effect.
(C)
Effective Date. This ordinance shall take effect and be in full force
and effect as of November 1, 2016 and after its passage by the municipalities
that are parties to the agreement.
(A)
Authority. The Village Board of the Village of Somers, Kenosha, County,
Wisconsin, has the specific authority under § 66.0113, Wis.
Stats., to adopt this ordinance.
(B)
Coverage.
(1)
Except as provided in subsections (2), (3) and (4), the form for citations to be issued in the Village of Somers by the Village Board, or its designees, for violations of Village of Somers ordinances shall be as provided in this subsection and shall include all of the following:
(a)
The name and address of the alleged violator.
(b)
The factual allegations describing the alleged violation.
(c)
The time and place of the alleged violation.
(d)
The number of the ordinance violated.
(e)
A designation of the offense in a manner that can be readily
understood by a person making a reasonable effort to do so.
(f)
The time at which the alleged violator may appear in court.
(2)
The Village Board requires that in traffic regulation violation actions, except for parking regulation violations, the uniform traffic citation specified in § 345.11, Wis. Stats., shall be used by the Village of Somers in lieu of the citation form described in subsection (1).
(3)
The Village Board requires that in actions for violations of
Village of Somers ordinances enacted in accordance with § 23.33(11)
(am) or 30.77, Wis. Stats., the citation form specified in § 23.54,
Wis. Stats., shall be used in lieu of the citation form described
in subsection B.
(4)
If the action for a violation of a municipal ordinance is to
be in municipal court, the citation used shall be in compliance with
§ 800.02(2), Wis. Stats. The service of the citations in
municipal court shall conform with § 800.01, Wis. Stats.
The officers authorized to issue citations for municipal court actions
are: Village Administrator, or his or her designee, Village Public
Works Superintendent, Village Attorney, and Village Building Inspector(s).
The citation for any violation to be heard in municipal court shall
contain substantially all of the following information:
(a)
The name, address, and date of birth of the defendant.
(b)
The name and department of the issuing officer.
(c)
The violation alleged, the time and place of occurrence, a statement
that the defendant committed the violation, the ordinance, resolution,
or bylaw violated, and a designation of the violation in language
that can be readily understood.
(d)
A date, time, and place for the court appearance, and a notice
to appear.
(e)
Provisions for the amount of a deposit and stipulation in lieu
of a court appearance, if applicable.
(f)
Notice that the defendant may make a deposit and thereby obtain
release if an arrest has been made.
(g)
Notice that, if the defendant makes a deposit and fails to appear
in court at the time fixed in the citation, the defendant is deemed
to have tendered a plea of no contest and submits to a forfeiture,
penalty assessment, jail assessment, and crime laboratories and drug
law enforcement assessment, any applicable consumer protection assessment,
and any applicable domestic abuse assessment plus costs, including
the fee prescribed in § 814.65(1), Wis. Stats., not to exceed
the amount of the deposit. The notice shall also state that the court
may decide to summon the defendant rather than accept the deposit
and plea.
(h)
Notice that if the court finds that the violation involves an
ordinance that prohibits conduct that is the same as or similar to
conduct prohibited by state statute punishable by fine or imprisonment
or both, and that the violation resulted in damage to the property
of or physical injury to a person other than the defendant, the court
may summon the defendant into court to determine if restitution shall
be ordered under § 800.093, Wis. Stats.
(i)
Notice that if the defendant does not make a deposit and fails
to appear in court at the time fixed in the citation, the court may
issue a summons or a warrant for the defendant's arrest or may
enter a default judgment against the defendant.
(j)
Any other pertinent information.
(C)
Issuance and Service of Citation.
(1)
Village of Somers citations may be issued by the Village Board
of the Village of Somers, or the Village Board of the Village of Somers
may designate certain Village of Somers, Kenosha County, or other
municipal officials, with their written approval, to issue such citations.
(2)
Village of Somers citations, in addition, may specifically be
issued by any of the following: Village Attorney, Village Administrator,
Village Public Works Superintendent or Village Building Inspector(s).
This official may also designate a person to issue such Ordinances
for the Village of Somers and this official may revoke this authority
to issue anytime.
(D)
Relationship to Other Laws. The adoption and authorization for use
of a citation under this ordinance does not preclude the Village Board
of the Village of Somers from adopting any other ordinance or providing
for the enforcement of any other law or ordinance relating to the
same or any other matter. The issuance of a citation under this ordinance
does not preclude proceeding under any other ordinance or law relating
to the same or any other matter. Proceeding under any other ordinance
or law relating to the same or any other matter does not preclude
the issuance of a citation under this ordinance.
(E)
Severability. If any provision of this ordinance or its application
to any person or circumstance is held invalid, the invalidity does
not affect other provisions or applications of this ordinance that
can be given effect without the invalid provision or application,
and to this end the provisions of this ordinance are severable.
The former positions of Building, Electrical and Plumbing Inspector
shall be incorporated into one position.
(A)
The Inspector shall enforce all provisions of this Code relating
to building, electrical and plumbing construction.
(B)
The Inspector may serve notices, deliver certificates of occupancy,
cause to be issued "Stop and Desist" orders, and such other matters
as shall fall within his enforcement duties under this Municipal Code.
(C)
He shall keep a permanent record of all transactions.
The Village Board shall appoint a Municipal Deputy Emergency
Government Director who shall be a resident of the Village and shall
assist the County Emergency Government Director in the administration
of emergency government.
The Fire Chief shall be appointed by the members of the Fire
Commission and shall have the general supervision of the Fire Department
and Rescue Squad. He shall be responsible for the personnel and general
efficiency of the Department and Squad.
(A)
Creation. Pursuant to the provisions of § 62.23, Wis. Stats.,
by virtue of § 61.35, Wis. Stats., there is hereby created
in and for the Village of Somers a Plan Commission to function in
accordance with the provisions of § 62.23, Wis. Stats..
(B)
Membership. The composition of and appointments to the Plan Commission
made prior to the date of adoption of this ordinance shall be superseded
by the terms specified hereafter. The Plan Commission shall be composed
of seven members, as follows:
(1)
The Village President who shall serve as Village Plan Commission
Chairperson.
(2)
Six citizen members who shall be electors in the Village who
shall hold four year terms and are appointed by the Village President,
at least three of whom do not hold elected Village public positions,
and who are persons of integrity and competence having knowledge and
experience of planning related matters. Two of the six "citizen" members
shall be appointed for three years ending on April 30, 2018; two members
shall be appointed for two years ending on April 30, 2017; two members
shall be appointed for one year ending on April 30, 2016. Thereafter,
all members shall be appointed to three years terms.
(3)
The seven members of the Plan Commission shall, each year at
its first meeting in May, elect a Vice Chairperson who shall preside
in the absence of the Chairperson. The Village Clerk/Treasurer or
his or her designee shall act as Secretary who shall keep minutes
of Plan Commission meetings.
(4)
The Plan Commission shall hold regular meetings in the Village
Hall at 5:30 p.m. on the Monday preceding the 2nd Tuesday of each
calendar month unless there is no business to conduct; and the Chairperson
may call a special meeting of the Plan Commission with at least four
days' notice prior to convening such meeting; and four members
present shall constitute a quorum of the Plan Commission, which is
required in order to hold any Plan Commission meeting. For purposes
of establishing a quorum, a member must attend a meeting either in
person or by telephone conference call which provides the press and
the public with an effective means to monitor the telephone conversations
of any member not personally in attendance. Any meeting at which a
member(s) anticipates not being personally present and participating
by telephone conference must be properly noticed which shall include
the intention that one or more members will participate by telephone
or other electronic or video format which allows the press and/or
the public an equivalent ability to monitor the participation of member(s)
not personally present at the meeting. The attendance by a member
shall not be available by telephone for any meeting or any portion
of a meeting which is a closed session of the Plan Commission pursuant
to § 19.85(1), Wis. Stats.
(5)
The Village Board, at its discretion, may appoint the full time
Village Engineer to replace a citizen appointee and may also appoint
the full time Building Inspector as an eighth non-voting member of
the Plan Commission.
(6)
All appointed Plan Commission members may be reappointed to
membership following the completion of their initial appointment and
all vacancies on the Plan Commission shall be filled as soon as possible
by action of the Village Board.
(7)
All citizen members of the Plan Commission shall take the official oath of appointment set forth in § 19.01, Wis. Stats., and such members shall be compensated for their attendance as directed by the Village Board.
(8)
An alternate member may be appointed to the Plan Commission
by the Village President, subject to confirmation by the Village Board,
for a four-year term. The alternate member shall act only when a regular
member is absent or withdraws, having a conflict of interest. A Commission
member who shall have a conflict of interest shall not be counted
in determining a quorum and shall not participate as a Commission
member in the hearing or vote concerning the determination. The alternate
member shall be compensated for meeting attendance whether or not
he or she is a voting member.
(C)
Operations. The Plan Commission shall operate and conduct business
as prescribed in § 62.23, Wis. Stats., more specifically:
(1)
The Plan Commission shall keep a written summarized record of
its proceedings, including all actions which shall require a majority
of the membership present to be an affirmative vote.
(2)
The Village Board may, at its discretion, extend powers to the
Plan Commission such as the conduct of all public hearings concerning
land use and zoning matters.
The Village Board shall manage and act as commissioners of all
utility, sanitary sewer or stormwater management districts created
under Chapters 60, 61 or 66, Wis. Stats.
(A)
Composition of the Board of Review. The Board of Review for the Village
of Somers shall consist of three residents of the Village and may
include elected officials. Members of the Board of Review shall be
appointed by the President, with the approval of the Village Board,
and shall hold office as members of said Board for a term of three
years, commencing on the first day of May in the year in which the
Board member is appointed. The appointment shall be for a period of
three years or until successors are appointed. An alternate member
may be appointed by the Village President, confirmed by the Village
Board, for a three-year term. The alternate member shall act only
when a regular member is absent or withdraws, having a conflict of
interest. A Board member who shall have a conflict of interest shall
not be counted in determining a quorum and shall not participate as
a Board member in the hearing, or vote concerning the determination,
but shall be compensated for attendance.
(B)
Meetings. All meetings of the Board of Review shall be publicly held
in accordance with § 70.47, Wis. Stats. except that the
hours of the Board of Review meetings shall be from 6:00 p.m. to 8:00
p.m., or such longer hours as the Board may designate from time to
time, on such dates as may be designated by the Board, beginning with
the first meeting at any time during the thirty-day period beginning
on the second Monday of May.
(C)
Officers. The Village President shall be the Chairperson of the Board
of Review. The Village Clerk shall be the Clerk for the Board and
shall keep accurate record of all proceedings, and shall give necessary
notices as required by law. The Clerk is not a voting member of the
Board.
(D)
Procedures. Procedures set forth in § 70.47, Wis. Stats.,
shall govern procedures of the Board of Review.
(E)
Notice of Meeting. The first meeting of the Board of Review shall
be noticed by publication of the date and time of such meeting in
the Kenosha News and by posting of such notice in not less than three
public places and at the Village Hall, at least 15 days prior to such
meeting. If an adjournment is made of a meeting for more than one
day, a written notice shall be posted on the outer door of the place
of the meeting and in at least three public places in the Village,
stating to what time the meeting is adjourned.
(F)
Objections to Valuations. All objections to the amount of the valuation
of real or personal property must be made in writing on forms which
are available from the Village Clerk and must be filed with the Clerk
prior to close of public hearings by the Board.
(G)
Confidentiality of Information. Whenever 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 expense 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),
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.
(A)
Board of Appeals Established. There is hereby established a Board
of Appeals for the Village of Somers for the purpose of hearing and
deciding appeals and applications for variances from the provisions
of the Village land use ordinances which are in harmony with the purpose
and intent of that ordinance.
(B)
Board Membership And Organization.
(1)
The Board of Appeals shall consist of five members and two alternates
appointed by the Village President and confirmed by the Village Board.
(2)
Terms for Board members shall be for a period of three years,
except that of those first appointed, one shall serve for one year,
two for two years and two for three years. Terms for the alternate
members shall be for a period of three years, except that of those
first appointed, one shall serve for two years and one shall serve
for three years. (The term of the initial members of the Board and
alternates shall be measured from June 1, 2015 without respect to
when they are appointed and assume their duties.) Annually, the Village
President shall designate one of the alternates as first alternate
and the other as second alternate.
(3)
Members of the Board of Appeals shall be eligible for such position
only if they reside within the Village. In making appointments to
the Board of Appeals, the Village President and the Village Board
shall attempt to appoint individuals having a background in land use
planning, geography, urban affairs, or such other prior experience
in related areas whenever feasible. Prior membership on the Board
of Appeals or Planning Commission shall constitute prior experience.
Attempts should be made to insure that individuals appointed to the
Board of Appeals have no conflict of interest with said appointment.
(4)
The Village President shall designate one of the members chairman.
(5)
Office room shall be provided by the Village Board and the actual
and necessary expenses incurred by the Board of Appeals in the performance
of its duties shall be paid and allowed as in cases of other claims
against the Village. The Village Board may likewise compensate the
members of said Board and such assistants as may be authorized by
said Village Board. Vacancies shall be filled for the unexpired term
of any member whose seat becomes vacant in the same manner as appointments
for a full term.
(C)
Rules, Minutes And Subpoena Powers.
(1)
The Board of Appeals may adopt rules, not in conflict with either
state law or Village ordinances, as necessary to carry into effect
the regulations of the Village Board. Meetings of the Board of Appeals
shall be held at the call of the Chairman and at such other times
as the Board may determine. Such Chairman, or in his absence the acting
chairman, may administer oaths and compel the attendance of witnesses.
All meetings of the Board shall be open to the public and tape recorded.
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 examinations and
other official actions, all of which shall be immediately filed in
the office of the Board and shall be a public record.
(2)
The concurring vote of four members of the Board shall be necessary
to reverse any order, requirement, decision or determination of any
administrative official, or to decide in favor of the applicant in
any matter upon which it is required to pass under the Village ordinance,
or to effect any variation in the Village ordinance.
(3)
Minutes of the proceedings and a taped record of all actions
shall be kept by the Board, showing the vote of each member upon each
question, the reasons for the Board's determination, and its
findings of fact. These records shall be immediately filed in the
office of the Board and shall be a public record unless a closed session
of the Board is permitted under § 19.85, Wis. Stats. Records
shall not be destroyed except pursuant to law. Where necessary, conclusions
and orders of the Board may be filed with the Register of Deeds Office.
(D)
Jurisdiction and Powers of the Board of Appeals.
(1)
The Board of Appeals shall have the following powers:
(a)
To hear and decide appeals as may be authorized by § 62.23(7)(e)7,
Wis. Stats. or the Village land use ordinances.
(b)
To hear and to authorize upon appeal in specific cases such
variance from the terms of the Village land use ordinances as will
not be contrary to the public interest, or, when owing to special
circumstances, a literal enforcement of the provisions of such ordinance
will result in unnecessary hardship and so that the spirit of the
ordinance shall be observed and substantial justice done.
(c)
To hear and decide applications for interpretations of the zoning
regulations and the location of the boundaries of the zoning district,
floodlands, and shorelands after the Plan Commission has made a review
and recommendation. Floodland and shoreland boundaries shall be altered
by the Board of Appeals only when the applicant presents evidence
that clearly and conclusively establishes that the location as shown
on the zoning map is incorrect.
(d)
To hear and grant applications for substitution of more or equally
restrictive nonconforming uses for existing nonconforming uses provided
no structural alterations are to be made and the Office of Planning
and Zoning Administration has made a review and recommendation. Whenever
the Board permits such a substitution, the use may not thereafter
be changed without application and hearing.
(e)
To hear and grant applications for temporary uses, in any district,
provided that such uses are of a temporary nature, do not involve
the erection of a substantial structure, and are compatible with the
neighboring uses and the Building Inspector has made a review and
recommendation. The permit shall be temporary, revocable, subject
to any conditions required by the Board of Appeals, and shall be issued
for a period not to exceed 12 months. Compliance with all other provisions
of the Village ordinances shall be required.
(f)
To hear and to decide applications or interpretations, upon
appeal of the specific case, from Village ordinances pertaining to
Automatic Fire Sprinklers. The appeal shall not be contrary to the
public interest, or, when owing to special circumstances, a literal
enforcement of the provisions will result in an unnecessary hardship
and so that the spirit of the ordinance shall be observed and substantial
justice done.
(g)
To hear and to decide applications or interpretations, upon
appeal of the specific case, from the Village of Somers Building Code.
The appeal shall not be contrary to any other Town, County, State
or agencies requirements, the public interest, or, when owing to special
circumstances, a literal enforcement of the provisions will result
in an unnecessary hardship and so that the spirit of the ordinance
shall be observed and substantial justice done.
(2)
No variance shall have the effect of permitting any use in a
district that is prohibited in that district, nor shall a variance
have the effect of a rezoning.
(3)
The Board may reverse, affirm wholly or partly or modify the
order, requirement, decision, or determination appealed from, and
may make such order, requirement, decision or determination as ought
to be made.
(4)
The Board may request assistance from other Village officers,
departments, commissions, and boards.
(5)
The Chairman may administer oaths and compel the attendance
of witnesses by subpoena.
(E)
Appeals and Applications for Variances.
(1)
Appeals to the Board of Appeals may be taken by any persons
aggrieved, or by any officer, department, board or bureau of the Village
affected by any order, requirement, decision or determination of an
administrative officer or body in the enforcement of § 62.23,
Wis. Stats., the Village land use ordinances or any other ordinance
adopted pursuant to § 62.23, Wis. Stats. Such appeals shall
be commenced by filing with the administrative officer or body and
with the Board of Appeals a notice of appeal specifying the grounds
thereof. Such notice of appeal shall be filed within 30 days after
the date of written notice of the decision or order. The administrative
officer or body shall forthwith transfer to the Board all the papers
constituting the record upon which the action appealed from was taken.
In addition, such appeals and application shall include the following
as deemed appropriate by the Board of Appeals:
(a)
Name, addresses and phone numbers of the applicant, owner of
the site, architect, professional engineer, contractor, and authorized
agent if applicable.
(b)
A description of the subject site by lot, block and recorded
subdivisions or by meets and bounds; address of the subject site,
tax parcel number, type of structure; existing or proposed use of
the structure or site; the zoning district within which the subject
site is located; classification of the subject site either being conforming
or nonconforming in its use; and whether or not the property is located
within a shoreland or floodplain area.
(c)
A plat of survey and/or site plan layout consisting of a survey
prepared by a land surveyor registered by the State of Wisconsin or
other map drawn to scale showing all of the information required by
the County of Kenosha zoning ordinance for a zoning permit. In addition,
the plat of survey or site plan layout or map shall show the location,
elevation and use of any abutting lands and the location and foundation
elevations of structures within 50 feet of the subject site; soil
mapping unit lines; mean and historic high water lines and floodlands
on or within 50 feet of the subject premises, and existing and proposed
landscaping.
(d)
Additional information relative to those standards and guidelines
which must be met prior to the issuance of the variance.
(e)
A list of property owners whose property abuts the parcel(s)
in question or who own property within 300 feet of such parcel(s)
and their addresses.
(f)
A filing in the amount of $350, from which a per diem allowance
shall be paid to each member and/or alternate in attendance at the
rate of $40 per meeting.
(2)
Any application for a variance under this ordinance shall be
accompanied by a sworn statement by the owner of the subject property
or the applicant for a variance for said property that said property
and its use will be operated in accordance with the provisions of
this ordinance.
(F)
Stays. An appeal shall stay all proceedings and furtherance of the
action appealed from unless the administrative official or body whose
decision is appealed from shall certify to the Board of Appeals after
the notice and appeal shall have been filed that by reason of facts
stated in the certificate, a stay would cause imminent peril to life
or property. In such case, notice shall be given to the appellant
and proceedings shall not be stayed otherwise than by a restraining
order, which may be granted by the Board of Appeals or by a Court
of Record, on application and notice to the administrative official
and for good cause shown.
(G)
Hearing Procedures. In hearing a petition requesting an appeal or
allowance of a variance, the Board of Appeals shall call the petition.
Upon the call of the petition, the petition shall be read by the Chairman
of the Board and at the conclusion thereof, the chairman shall hear
and receive any evidence or sworn testimony presented by the petitioner
or his authorized agent or attorney. At the conclusion of the petitioner's
presentation, the Chairman shall first ask for any public comments
from those in support of the petition and secondly from those in opposition
to the petition. Any relevant and material evidence or sworn testimony
presented by interested individuals either in favor of or in opposition
to the petition shall be received by the Chairman provided however
that said evidence or sworn testimony is properly identifiable for
the record. Lastly, the Chairman shall ask for a recommendation from
the Village Building Inspector or other designated representation
of the Village.
(H)
Continuances. Upon receiving the recommendation of the Building Inspector,
the Board may table the petition so as to allow the petitioner or
any opponent to the Petition an opportunity to provide any further
information deemed pertinent by the Board or so as to allow the Board
members an opportunity to view the site or similar situations already
in existence if a comparison is warranted in accordance with the guidelines
set forth in § (I) below or consider the conditions for
allowing the appeal or variance.
(I)
Site Views. En route to view a site as provided for in this ordinance,
Board members traveling together or visiting the site at the same
time shall refrain from discussing Board business. Furthermore, testimony
shall not be received during such view nor shall any argument be heard.
The Board may, however, gather information and ask questions provided
that information, data, and questions and answers are recited into
the record if that information will not be entered by testimony or
exhibits.
(J)
Findings And Conclusions. Upon having received all evidence and hearing
all sworn testimony relating to the petition, the Board of Appeals
shall review the site plan, existing and proposed structures, architectural
plans, neighboring land and water uses, parking areas, driveway locations,
highway access, traffic generation and circulation, drainage, sewage
and water systems, the proposed operation, the effects of the proposed
use, structure, operation and improvement upon flood damage protection,
water quality, shoreland cover, natural beauty and wildlife habitat,
and any other pertinent requirements deemed necessary by the Board
when considering the standards set forth in this ordinance. Upon completion
of said review, the Board Chairman shall entertain a motion that the
Board either grant or deny the appeal or application for a variance
based upon specific findings and conclusions which shall be part of
the Board's written decision and minutes.
(K)
Standards And Guidelines.
(1)
In determining whether a variance is to be granted, the following
standards and guidelines must be met. In making its decision, these
standards and guidelines shall be addressed by the Board of Appeals.
(a)
The existence of special conditions or exceptional circumstances
on the land in question.
(b)
The experiencing of unnecessary hardships or practical difficulties
on the land in question either presently or in the future.
(c)
That these hardships or difficulties are the result of the aforementioned
special conditions existing on the land and are not self-inflicted.
(d)
That the existence of these special conditions will restrict
the use of the land if the Ordinance is applied literally so as to
render the land useless.
(e)
That the limitation on the use of the land does not apply generally
to other properties in the district.
(f)
That limiting the use of the property does not afford compensating
gains to the public health, safety and welfare.
(g)
That the variance(s) requested are the minimum variance(s) needed
to alleviate difficulties or hardships.
(h)
That the use of the parcel in question presently does conform
to the ordinance.
(i)
That granting the variance applied for will not affect the public
health, safety, morals and welfare of the community and other properties
in the area.
(2)
Variances may be granted for example for reasons of topography,
environmental protection or where permitted by state statute but in
no event may a variance be granted where the primary reason for obtaining
a variance is to obtain a more profitable use of the property, personal
inconvenience, construction errors, economic reasons, self-created
hardships, or where the property is presently a non-conforming use.
Furthermore, variances may not be granted for the purpose of altering
the sanitary requirements of the Village ordinances except for existing
structures.
(3)
The Board of Appeals in considering the propriety of granting
a variance shall not consider the number of persons for or against
the granting of a variance.
(4)
Variances may be granted in the form of an area or distance
variance, however, use variances shall be specifically prohibited
under this Ordinance.
(L)
Conditions. In order to insure that any variance so granted by the
Board of Appeals is consistent with the spirit of the Village ordinances
and recognizing that there could be fact situations where the spirit
of the ordinances could be observed only if conditions were imposed
upon the granting of the variance, the Board of Appeals is specifically
empowered to grant a variance upon conditions such as, but not limited
to, landscaping, type of construction, hours of operation, traffic
patterns, parking requirements, yard sizes, time periods, deed restrictions,
bonds, etc. and further provide that in the absence of said conditions
being met, said variance shall be null and void.
(M)
Decisions.
(1)
The concurring vote of four members of the Board shall be necessary
to reverse any order, requirement, decision or determination of the
administrative official or body appealed from, or to decide in favor
of the applicant on any matter upon which it is required to pass under
this ordinance, or to effect any variation in the Village land use
ordinances.
(2)
The Board of Appeals shall decide all appeals and applications
in compliance with the Wisconsin Open Meeting Law and within 30 days
after final hearing and shall transmit a signed copy of the Board's
decision and order to the appellant or applicant and the administrative
official or body whose decision was appealed along with the Board's
Findings and Conclusions and a statement as to which members of the
Board viewed the property in question and the date of such viewing.
(3)
Variances granted by the Board shall expire within six months
unless substantial work has commenced pursuant to such grant.
(N)
Order on Appeal. In exercising the above-mentioned powers, the Board
of Appeals may, in conformity with the provisions of this section,
reverse or affirm, wholly or partly, or may modify the order, requirement,
decision or determination appealed from, and may make such order,
requirement, decision or determination as ought to be made, and to
that end shall have all the powers of the officer from whom the appeal
was taken.
(O)
Conflict of Interest. Any member of the Board of Appeals having a
conflict of interest in any matter coming before the board shall refrain
from any voting or discussion either prior to, at, or after the matter
has been heard by the Board.
(P)
Motion To Reconsider And Re-appeal.
(1)
Where an error in judgment or procedure resulted in granting
an improper variance or in denying an appeal, a motion to reconsider
made by a Board member or upon motion of any interested party, may
be considered and the prior action of the Board rescinded if vested
rights are not violated.
(2)
A petition for a variance having been denied or a decision or
order of an administrative official or body having been affirmed,
a petition seeking a similar variance or relief shall not be entertained
by the Board of Appeals until the expiration of a minimum of one year.
(Q)
Appeal of Board Ruling or Order. Any decision of the Board of Appeals
may be appealed as provided in § 62.23(7)(e)10, Wis. Stats.
(R)
Recording of Ruling or Order. Any variance granted by the Board or
by a court of law shall not be valid unless recorded by the applicant
in the office of the Kenosha County Register of Deeds within five
days after the variance is granted and evidence of such filing is
presented to the Village Building Inspector. Any recording fees shall
be paid by the applicant. In addition, the Village Building Inspector
shall keep a record and/or map of all such variances which shall be
open to the public. Failure to comply with this provision shall render
the variance null and void.
(A)
Creation. The Village Board of the Village of Somers, by a supermajority
vote of at least 6/7ths of its' members, hereby creates the Village
of Somers Parks Committee. No abolition of this committee or modification
of the authority of the committee shall be effective unless such abolition
or modification shall occur after a vote of at least 6/7ths of the
Village Board approving such action.
(B)
Composition of the Park Committee. The Park Committee for the Village
of Somers shall consist of nine members, consisting of the following:
a Village Trustee who shall serve as a non-voting liaison for the
Park Committee to the Village Board, the Village Recreational Director
as a non-voting liaison and seven voting at large members. At large
members shall be Village residents with the exception of one at large
member who may be a non-resident if he or she is found to have a vested
interest in or special experience or skills which would benefit the
Parks Committee. An additional Village resident may be appointed as
an alternative member, who shall only be entitled to vote in the case
of an excused absence or conflict of interest of a regular committee
member. All members of the Parks Committee shall be appointed by the
Village Board following nomination by the Village Trustee/Parks Committee
liaison.
(C)
Terms of Office. For the initial term of office commencing January
1, 2016, two citizen Committee members shall be for a one-year term,
two citizen Committee members shall be for a two-year term and three
citizen Committee members shall be for a three-year term. In addition,
an alternate shall be appointed for a one-year term. Thereafter, each
citizen Committee member shall be appointed for a three-year term,
excluding the alternate citizen member, who shall serve a one-year
term or until a successor is appointed.
(D)
Meetings. All meetings of the Park Committee shall be publicly held
in accordance with § 19.85, Wis. Stats. at least quarterly
on such dates as may be designated by the Committee Chairperson. All
meetings shall be held in accordance with § 19.85, Wis.
Stats., and it shall be posted in at least three public places within
the Village by the Village Clerk/Treasurer not less than five days
before the meeting. All meetings shall be conducted pursuant to Roberts
Rules of Order and each agenda shall include an item for citizen comments.
(E)
Compensation. Members of the Park Committee shall be entitled to
a per diem fee in the amount of $25 and may be entitled to reimbursement
for actual out-of-pocket expenses incurred by such members and approved
by the Village Board.
(F)
Officers. The Committee shall elect a Chairperson of the Park Committee.
Members of the Committee shall elect a Clerk who shall keep an accurate
record of all proceedings of the Committee and who shall provide an
official copy to the Village Clerk/Treasurer.
(G)
Authority. The Park Committee shall make recommendations to the Village
Plan Commission and Village Board concerning issues relating to the
acquisition, improvement and uses of park lands owned or sought to
be acquired by the Village and shall have oversight authority over
the Village recreational and leisure programs. It shall monitor and
make recommendations to such bodies concerning the amount and use
of Village Park Fund impact fees but the Park Committee shall have
no independent authority to tax, make budgets, contract on behalf
of the Village, or to authorize the expenditure of any funds other
than the Village Park Committee Operational Fund, which shall be appropriated
annually by and in an amount determined by the Village Board.
(A)
Creation. The Village Board of the Village of Somers, by a majority
vote of its members, hereby creates the Village of Somers Economic
Development Committee.
(B)
Composition of Economic Development Committee. The Economic Development
Committee for the Village of Somers shall consist of no fewer than
five nor more than 12 members. Members of the Economic Development
Committee shall be appointed by the Village President, with the approval
of the Village Board, and shall hold office at the pleasure of the
Board. Members of the Village Board, the Village Administrator and
other staff or consultants may act as ex officio members of the Committee
and shall not be counted against the minimum or maximum number of
members of the Committee.
(C)
Meetings. All meetings of the Village Economic Development Committee
shall be publicly held in accordance with § 19.85, Wis.
Stats., on such dates as may be designated by the Committee.
(D)
Compensation. Members of the Village Economic Development Committee
shall serve without compensation.
(E)
Officers. Members of the Village Economic Development Committee shall
elect a Chairperson at the first meeting of the Committee and annually
thereafter. Members of the Committee shall elect a Clerk who shall
keep an accurate record of all proceedings of the Committee and who
shall provide an official copy to the Village Clerk/Treasurer.
(F)
Authority. The Village Economic Development Committee shall make
recommendations to the Village Board concerning issues relating to
the economic development of properties located within the Village,
the attraction of jobs, industry and commercial development to the
Village and related issues.
(G)
Notice of Meeting. Meetings of the Village Economic Development Committee
shall be noticed by the Village Clerk/Treasurer during the date and
time of such meeting to the Kenosha News and by posting of such Notice
in not less than three public places and at the Village Hall, at least
five days prior to such meeting.
