[HISTORY: Adopted by the Village Board of
the Village of Mazomanie 6-28-1988 as Title 2, Ch. 4 of the 1988 Code. Amendments noted where
applicable.]
A.
Composition. The Board of Review shall consist of
the Village President, the Clerk-Treasurer, two Trustees of the Village
Board, and a citizen at large, who shall be annually appointed at
the Village Board’s organizational meeting. In addition, one
other Village employee who has attended a training session under § 73.03(55),
Wis. Stats., within the last two years (or will attend prior to the
Board of Review’s first meeting) shall be appointed to act in
place of any of the foregoing officers and Trustees who may be unable
to attend or otherwise participate in any proceeding before the Board
of Review. Any Board of Review member or alternate must be a resident
or officer of the Village. The President of the Village Board shall
make the foregoing appointments, subject to the confirmation of the
Board of Trustees, at said organizational meeting.
[Amended 3-26-2013 by Ord. No. 2013-1]
B.
Duties and compensation.
(1)
Duties. The duties and functions of the Board of Review
shall be as prescribed in §§ 70.46 and 70.47, Wis.
Stats.
(2)
Compensation. Compensation for the members of the
Board of Review shall be as is established by the Board of Trustees
for such Village. This compensation shall be in accordance with the
compensation for the other boards, committees and commissions in the
Village of Mazomanie.
[Amended 4-28-1998 by Ord. No. 1998-4; 5-14-2002 by Ord. No.
2002-1]
C.
Meetings. In accordance with § 70.47(3)(b),
Wis. Stats., the Village Board does hereby exercise its right to designate
hours for the annual Board of Review proceedings other than those
set forth in § 70.47(3)(a), Wis. Stats., and does hereby
designate the hours of the annual Board of Review to be decided between
the Village Clerk-Treasurer and Village Assessor. The Board may adjourn
from day to day or from time to time, until such time as its business
is completed, provided that adequate notice of each adjournment is
so given.
[Amended 4-28-1998 by Ord. No. 1998-4; 5-14-2002 by Ord. No.
2002-1]
A.
Composition. The Board of Health shall consist of
the members of the Village Board's Public Protection and Ordinance
Committee, who shall be annually appointed. The Health Officer and
any assistants shall be ex officio members of the Board of Health.
B.
Power of appointment. The Board of Health may appoint
persons to aid it.
C.
Responsibilities.
(1)
The Board of Health shall take such measures as shall
be most effectual for the preservation of the public health. It shall
be the duty of the Board of Health to assume the general administration
of health and sanitation laws and regulations in the Village, to supervise
the work of the Health Officer and to attend to the administration
and enforcement of the health laws of the state and the rules and
regulations prescribed by the State Department of Health and Family
Services and the ordinances of the Village.
(2)
Powers. The Board shall take such measures and make
such rules and regulations as shall be necessary and effectual for
the preservation and promotion of the public health in the Village.
All orders and regulations of the Board shall be published in the
official newspaper and, after publication, shall have the force and
effect of ordinances, including penalty for violation.
A.
Establishment. A Zoning Board of Appeals shall be
appointed as specified in § 62.23(7)(e), Wis. Stats. The
Zoning Board of Appeals shall consist of five citizen members appointed
by the Village President, subject to confirmation by the Village Board,
for a three-year term of office. The members serve with compensation
and shall be removable by the Village President for cause upon written
charges and upon public hearing. The Village President shall designate
one of the members Chairman.
[Amended 4-28-1998 by Ord. No. 1998-3]
B.
Powers.
(1)
The Zoning Board of Appeals shall have the following
powers:
(b)
To hear and decide special exceptions to the terms
of the Village zoning and floodplain zoning regulations upon which
the Zoning Board of Appeals is required to pass.
(c)
To authorize upon appeal in specific cases such variance
from the terms of the Village zoning regulations as will not be contrary
to the public interest where, owing to special conditions, a literal
enforcement will result in practical difficulty or unnecessary hardship,
so that the spirit of the Zoning Code shall be observed, public safety
and welfare secured and substantial justice done; provided, however,
that no such action shall have the effect of establishing in any district
a use or uses not permitted in such district.
(d)
To permit the erection and use of a building or premises
in any location, subject to appropriate conditions and safeguards
in harmony with the general purposes of the Zoning Code, for such
purposes which are reasonably necessary for public convenience and
welfare.
(2)
The Zoning Board of Appeals may reverse or affirm,
wholly or in part, or may modify any order, requirement, decision
or determination appealed from and may make such order, requirement,
decision or determination as in its opinion ought to be made. The
concurring vote of three members of the Zoning Board of Appeals shall
be necessary to reverse any order, requirement, decision or determination
appealed from, or to decide in favor of the applicant on any matter
on which it is required to pass, or to effect any variation in the
requirements of the Zoning Code. The grounds of every such determination
shall be stated and recorded. No order of the Zoning Board of Appeals
granting a variance shall be valid for a period longer than six months
from the date of such order unless the land use permit is obtained
within such period and the erection or alteration of a building is
started or the use is commenced within such period.[2]
C.
Meeting and rules. All meetings of the Board shall
be held at the call of the Chairman and at such other times as the
Board may determine. All hearings conducted by said Board shall be
open to the public. 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 Village Clerk-Treasurer and shall be public
record. The Board shall adopt its own rules of procedure not in conflict
with this section or with the applicable Wisconsin Statutes.
A.
Composition. The Village Plan Commission shall consist
of the Village President, one Trustee, and five citizens. The Village
President shall be the presiding officer.
B.
Appointment.
(1)
Trustee member. The Trustee member shall be annually
appointed by a two-thirds vote at the organizational meeting of the
Village Board during the month of April of each year.
(2)
Citizen members. The five regular citizen members
of the Commission shall be appointed by the Village President, subject
to confirmation by the Village Board. The original citizen members
shall be appointed upon creation of the Commission and shall hold
office for a period of one and two years, respectively, from the succeeding
first day of May, and thereafter annually during the month of April
such member shall be appointed for a term of two years.
C.
Record. The Plan Commission shall keep a written record
of its proceedings, to include all actions taken, a copy of which
shall be filed with the Village Clerk-Treasurer. Four members shall
constitute a quorum but all actions shall require the affirmative
approval of a majority of all of the members of the Commission.
D.
Duties.
(1)
The Master Plan.
(a)
The Plan Commission shall make, adopt and, as necessary,
amend, extend or add to the Master Plan, subject to Village Board
confirmation, for the physical development of the Village, including
areas outside of its boundaries which, in the Plan Commission's judgment,
bear relation to the development of the Village. The Master Plan,
with the accompanying maps, plats and descriptive and explanatory
matter, shall show the Commission's recommendations for such physical
development and may include, among other things, without limitation
because of enumeration, the general location, character and extent
of streets, highways, freeways, street grades, roadways, walks, parking
areas, public places and areas, parks, parkways, playgrounds, sites
for public buildings and structures, and the general location and
extent of sewers, water conduits and other public utilities, whether
privately or publicly owned, the acceptance, widening, narrowing,
extension, relocation, removal, vacation, abandonment or change of
use of any of the foregoing public ways, grounds, places, spaces,
buildings, properties, utilities, routes or terminals, the general
location, character and extent of community centers and neighborhood
units, and a comprehensive zoning plan.
(b)
The Commission may adopt the Master Plan as a whole
by a single resolution or, as the work of making the whole Master
Plan progresses, may from time to time by resolution adopt a part
or parts thereof, any such part to correspond generally with one or
more of the functional subdivisions of the subject matter of the plan.
The adoption of the plan or any part, amendment or addition shall
be by resolution carried by the affirmative votes of not less than
a majority of all the members of the Plan Commission, subject to confirmation
by the Village Board. The resolution shall refer expressly to the
maps, descriptive matter, and other matters intended by the Commission
to form the whole or any part of the plan, and the action taken shall
be recorded on the adopted plan or part thereof by the identifying
signature of the Secretary of the Commission, and a copy of the plan
or part thereof shall be certified to the Village Board. The purpose
and effect of the adoption and certifying of the Master Plan or part
thereof shall be solely to aid the Plan Commission and the Village
Board in the performance of their duties.
(2)
Matters referred to Plan Commission. The Village Board
or officer of the Village having final authority thereon shall refer
to the Plan Commission, for its consideration and report before final
action is taken by the Board, public body or officer, the following
matters: the location of any statue or other memorial; the location,
acceptance, extension, alteration, vacation, abandonment, change of
use, sale, acquisition of land for or lease of land for any street,
alley or other public ways, park, playground, airport, area for parking
vehicles, or other memorial or public grounds; the location, extension,
abandonment or authorization for any public utility, whether publicly
or privately owned; all plats of lands in the Village or within the
territory over which the Village is given platting jurisdiction by
Ch. 236, Wis. Stats.; the location, character and extent or acquisition,
leasing or sale of lands for public or semipublic housing, slum clearance,
relief of congestion, or vacation camps for children; and the amendment
or repeal of any land use ordinance. Unless such report from the Commission
is made within 30 days, or such longer period as may be stipulated
by the Village Board, the board or other public body or officer may
take final action without it.
(3)
Miscellaneous powers. The Commission may make reports
and recommendations relating to the plan and development of the Village
to public officials and agencies, public utility companies, civic,
educational, professional and other organizations and citizens. It
may recommend to the Village Board programs for public improvements
and the financing thereof. All public officials shall, upon request,
furnish to the Commission, within a reasonable time, such available
information as it may require for its work. The Commission, its members
and employees, in the performance of its functions, may enter upon
any land, make examinations and surveys, and place and maintain necessary
monuments and markers thereon. In general, the Commission shall have
such powers as may be necessary to enable it to perform its functions
and promote municipal planning in cooperation with the Village Board.
The Commission shall oversee community development block grants.
A.
Organization; terms.
(1)
There is hereby created, pursuant to Ch. 43, Wis.
Stats., a Municipal Library Board for the Village consisting of a
seven-member Board in three classes. Three of such members shall serve
for a period of three years, two shall serve for two years, and two
shall serve for a period of one year.
(2)
Terms of such members shall be from July 1 in the
year of their appointment, and thereafter each regular appointment
shall be for a term of three years. Not more than one member of the
Village Board shall at any one time be a member of the Library Board.
Members shall be appointed by the Village President, subject to confirmation
by the Village Board. The Village President shall appoint as one of
the Library Board members a school district administrator, or his
representative, to represent the public school district or districts
in which the library is located.
(3)
A majority of the membership of the Board shall constitute
a quorum.
(4)
As soon as practicable after the first appointments,
at a date and place fixed by the appointing officer, and annually
thereafter within 30 days after the time designated in this section
for the beginning of terms, the members of the Library Board shall
organize by election from among their number of a President and such
other offices that they deem necessary to prescribe and adopt rules
and regulations for the operation of the library.
B.
Duties and powers. The Library Board shall have the
duties and powers as prescribed by Ch. 43, Wis. Stats., and more
particularly set forth in § 43.58, Wis. Stats.
[Added 9-10-1996 by Ord. No. 1996-5;
amended 9-24-1996 by Ord. No. 1996-6]
B.
Members; appointment. The Police Commission shall
consist of five members appointed by the President and confirmed by
the Village Board. Members shall be eligible voters in the Village
of Mazomanie. Only one Trustee of the Village of Mazomanie may be
appointed to be on the Police Commission at any one time. Members
shall serve for a period of five years, with terms staggered so that
regularly there is one appointment annually. Initially, upon adoption
of this subsection, the Village Board shall approve five members who
shall serve until May 1, 2003. Commencing May 1, 2003, members shall
be appointed as follows: one member shall have a term of one year;
one member shall have a term of two years; one member shall have a
term of three years; one member shall have a term of four years; and
one member shall have a term of five years. Each member so appointed
shall be appointed for a specific term. Terms shall begin on May 1
of each year, with the initial terms of appointment commencing on
May 1, 2003.
[Amended 10-8-2002 by Ord. No. 2002-5[2]]
[2]
Editor's Note: Section 2 of this ordinance
provided as follows: "Wisconsin Statutes § 62.13(1), (3),
(4) and (5), as amended, shall apply and be applicable to the Village
and the Police Commission. All references therein to 'Board' shall
apply to the Police Commission."
C.
Meetings. The Commission shall meet at least once
per month, at times and dates determined by the Commission. The Commission
shall have at least five days' but not more than 10 days' notice for
any special meeting. The Commission shall elect a Chairman and a Secretary,
and the Secretary shall keep a written record of its proceedings,
to include all actions taken. The Commission shall establish rules
and regulations for the performance of its meetings and its duties.
D.
Duties. It shall be the duty of the Commission to
take charge of, study, develop, and maintain and operate the police
equipment of the Village of Mazomanie and to employ the necessary
personnel for the operation thereof and to perform such other duties
as shall be assigned by the Village Board.
E.
Regulations. The Commission shall be authorized to
appoint such employees as may be necessary for the effective administration,
operation, and development of the police facilities of the Village
of Mazomanie, subject, however, within the limitations of available
funds. Prior to the first day of October of each year, the Commission
shall submit to the Village Board an annual budget for the ensuing
year and file the same with the Village Clerk-Treasurer, and upon
the approval of the Village Board, such necessary expenditures shall
be included in the budget of the Village. The Commission shall submit
to the Village Board at the Board's regular meeting in January of
each year a report upon the activities of the Commission during the
preceding year.
F.
Expenses. The Commission shall control and audit the
expenses of the Police Department. The Village Clerk-Treasurer shall
pay from the funds so appropriated the expenses of administration
of the Department. All such expenditures shall be paid by ordered
checks and shall have been ordered and approved by the Commission
and filed with the Village Clerk-Treasurer. The Commission shall not
contract any liability in excess of the budget of the Commission as
authorized by the Village Board.
A.
Regular meetings; public notice. Every board, committee
and commission created by or existing under the ordinances of the
Village shall:
(1)
Schedule a date, time and place for its meetings.
(2)
Publish notice in or notify the official Village newspaper
in advance of each such regular meeting of the date, time, and place
thereof, in compliance with state law, and/or post, at the front door
of the Municipal Building, an agenda of the matters to be taken up
at such meeting
B.
Special meetings. Nothing in Subsection A shall preclude the calling of a special meeting or dispensing with the publication of notice or such posting of the agenda, for good cause, but such special meetings shall nonetheless comply in all respects with the provisions of §§ 19.81 to 19.89, Wis. Stats.
C.
Minutes. The secretary of each board, committee and
commission shall file a copy of the meeting minutes of such board
or commission with the Village Clerk-Treasurer.
[Amended 5-10-2016 by Ord. No. 2016-2
No person not a resident of and not residing in the Village
shall be appointed to any Village board or commission. Any board or
commission member who moved from the Village shall be removed from
such board or commission, excepting that commercial property owners
who are actively engaged in a business within the community shall
be eligible to serve on a commission by appointment.
[Added 9-22-2015 by Ord.
No. 2015-2]
A.
Composition.
The Public Utilities Commission shall consist of eight voting members:
two shall be Village Trustees; one shall be the Director of Public
Works; one shall be the Village Deputy Clerk; one shall be the Village
Administrator; and three shall be citizen members. The three citizen
members shall be persons of recognized experience and qualifications.
The Public Utilities Commission shall have general supervision and
control of the following Village public utilities: sanitary sewer,
stormwater management, public water and electric.
[Amended 7-28-2020 by Ord. No. 2020-13; 10-13-2020 by Ord. No. 2020-14]
B.
Appointment.
(1)
Village Trustee and officer members. The Village Trustee members
of the Public Utilities Commission shall be appointed annually by
the Village President, subject to the approval of the Village Board,
at the organizational meeting of the Village Board. The Director of
Public Works, Village Deputy Clerk and the Village Administrator shall
serve as members for so long as they each hold their respective office
of Director, Clerk and Administrator.
[Amended 7-28-2020 by Ord. No. 2020-13; 10-13-2020 by Ord. No. 2020-14]
(2)
Citizen members. The citizen members shall be appointed by the Village
President, subject to Village Board approval, at the organizational
meeting. The term of each citizen member shall be for a staggered
term of two years, except that the initial appointments may be shorter
or longer to establish the staggered terms. In case of vacancy, the
Village President may, subject to the approval of the Village Board,
at any regular or special meeting, appoint a member for the unexpired
term.
(3)
Officers. The Public Utilities Commission shall select from among
its membership a Chairperson and Vice Chairperson, who shall serve
in such capacity for one year. The Village Deputy Clerk shall act
as secretary of the Commission.
C.
Meetings and quorum. The Public Utilities Commission may make rules
for its own proceedings and for the governing of the utilities. It
shall keep books of account in the manner and form prescribed by the
Wisconsin Public Service Commission, which shall be open to the public.
Four members shall constitute a quorum. The Public Utilities Commission
shall have the general management and supervision of the Village water,
sewer and stormwater utilities, and all matters connected therewith;
and shall have the general power and authority to make rules and regulations
for the management of said utilities as it shall from time to time
find necessary for the safe, economical and efficient management and
protection of said utilities. The Commission shall meet at least quarterly.
All rules and regulations are subject to Village Board review and
approval. All members of the Public Utilities Commission shall be
paid the sum of $20 by the Village for attendance at each meeting
of the said Commission.
D.
Powers and duties.
[Amended 8-22-2023 by Ord. No. 2023-1]
(1)
Finances. The Public Utilities Commission will be responsible for
preparing and recommending an annual budget to the Village Board reflecting
needed expenditures and anticipated revenues, as well as preparing
and modifying sewer and stormwater rates and filing water rate and
electric rate modification requests with the Wisconsin Public Service
Commission when sound business practices deem it appropriate. Such
recommendation shall be made prior to October 1 of each year.
(2)
Long-range planning. The Public Utilities Commission shall prepare,
adopt and, as necessary, amend a long-range plan projecting the needs
for the Village utilities in the future, in areas of fiscal responsibility,
personnel, new construction and scheduled maintenance practices.
(3)
Reports and expenditures. The Public Utilities Commission shall submit
periodic reports on the status of Village public utilities, at least
as often as annually, or more frequently if requested by the Village
Board. Any expenditure not included within a budget approved by the
Village Board must be authorized by the Public Utilities Commission
and approved by the Village Board, except in an emergency situation
when the expenditure is necessary to prevent property damage or injury
to life.
(4)
Auditing expenditures. The Village Treasurer or Village Administrator
shall provide a monthly statement to the Public Utilities Commission
of the expenditures, revenues and fund balances relating to utility
operations.
(5)
Construction. The Public Utilities Commission shall receive reports
from the Director of Public Works, who shall supervise and superintend
the installation of all new machinery, wells, reservoirs, mains, transmission,
collection and distribution and service pipes, lines, and associated
facilities and equipment, as well as any repairs or reconstructions
of the same or any part thereof. All work of this nature shall be
let by contract under supervision of the Director of Public Works.
(6)
Maps and records. The Village Engineer shall prepare maps showing
the locations of all mains and service pipes ordered to be laid, with
reference to the property lines of the street, court or alley in which
the same are to be laid, and also with reference to the established
grade of said street, court or alley. After sewer, stormwater or water
mains and service pipes shall have been laid, the Village Engineer
shall see to it that maps indicate the exact location of said sewer,
stormwater and water mains and service pipes as actually laid. The
Director of Public Works or designee shall cause a record of the exact
location of said sewer, stormwater and water pipes and mains to be
transcribed in record books, electronic maps or records kept on file
for that purpose in the Village offices.
(7)
Overall responsibility. In fulfillment of its duties, the Public
Utilities Commission shall forward its recommendations relating thereto
to the Village Board for final action. The Village Board may accept,
reject or re-refer the recommendations of the Public Utilities Commission
back to the Public Utilities Commission for further action.
(8)
Management, operation and control.
(a)
Management. The management, operation, and control of the public
water system, sewer system, electric distribution system and stormwater
system for the Village shall be vested in the Village Board. All records,
minutes and all written proceedings thereof shall be kept by the Village
Clerk. The Village Treasurer or designee shall keep all the financial
records thereof.
(b)
Construction authority. Subject to the approval of the Village
Board, the Public Utilities Commission shall have the power to construct
electric lines, water and sewer lines for public use, and shall have
the power to lay water, stormwater and sewer pipes and electric lines,
in and through the public alleys, streets, and public grounds located
within the Village, and generally to do all such work as may be found
necessary or convenient in the management of the water, stormwater
and sewer systems. The Public Utilities Commission shall have power
by itself, its officers, agents and servants, to enter upon any land
in the Village for the purpose of making examination or supervision
in the performance of their duties under this section, without liability
therefor; and the Public Utilities Commission shall have the power
to purchase and acquire for the Village, subject to the approval of
the Village Board, all real and personal property which may be necessary
for construction of the water, stormwater, sewer and electric systems,
or for any repair, remodeling, or additions thereto.
