The Trustees of the Village of Belleville shall constitute the Village Board. The Village Board shall be vested with all the powers of the Village not specifically given to some other officer, as well as those powers set forth elsewhere throughout this Code.
(1)
Election; term; number. The Village of Belleville shall have six (6) Trustees in addition to the Village President, who is a Trustee by virtue of his or her office as Village President. The six (6) Trustees shall constitute the Village Board. Three (3) Trustees shall be elected at each annual spring election for a term of two (2) years, commencing on the third Tuesday of April in the year of their election. Members of the Village Board shall be residents of the Village at the time of their election and during their terms of office.
(2)
Appointment as President. A Village Trustee shall be eligible for appointment as Village President to fill an unexpired term.
(1)
Election. The Village President shall be elected at the annual spring election in odd-numbered years for a term of two (2) years, commencing on the third Tuesday of April in the year of his or her election.
(2)
Duties. The Village President shall by virtue of his or her office be a Trustee and preside at all meetings of the Village Board, have a vote as Trustee, and sign all ordinances, rules, bylaws, regulations, and commissions adopted or authorized by the Village Board and all orders drawn on the treasury.
(1)
General. The Village Board shall be vested with all the powers of the Village not specifically given some other officer. Except as otherwise provided by law, the Village Board shall have the management and control of the Village property, finances, highways, streets, navigable waters and the public service and shall have the power to 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, regulation, suppression, borrowing, taxation, special assessment, appropriation, fine, imprisonment and other necessary or convenient means. The powers hereby conferred shall be in addition to all other grants and shall be limited only by express language.
(2)
Acquisition and disposal of property. The Village Board may acquire property, real or personal, within or without the Village, for parks, libraries, historic places, recreation, beautification, streets, waterworks, sewage or waste disposal, harbors, improvement of watercourses, public grounds, vehicle parking areas and for any other public purpose; may acquire real property within or contiguous to the Village, by means other than condemnation, for industrial sites; may improve and beautify the same; may construct, own, lease and maintain buildings on such property for instruction, recreation, amusement and other public purposes; and may sell and convey such property. Condemnation shall be as provided by the Wisconsin Statutes.
(3)
Acquisition of easements and property rights. Confirming all powers granted to the Village Board and in furtherance thereof, the Village Board is expressly authorized to acquire by gift, purchase or condemnation under the Wisconsin Statutes any and all property rights in lands or waters, including rights of access and use, negative or positive easements, restrictive covenants, covenants running with land, scenic easements and any rights for use of property of any nature whatsoever, however denominated, which may be lawfully acquired for the benefit of the public or for any public purpose, including the exercise of powers granted under Sections 61.35 and 62.23, Wis. Stats., and may sell and convey such easements or property rights when no longer needed for public use or protection.
(4)
Village finances. The Village Board may levy and provide for the collection of taxes and special assessments, may refund any tax or special assessment paid, or any part thereof, when satisfied that the same was unjust or illegal, and generally may manage the Village finances.
(5)
Construction of powers. Consistent with the purpose of giving to villages the largest measure of self-government in accordance with the spirit of the Home Rule Amendment to the Constitution, the grants of power to the Village Board in this section and throughout this Code shall be liberally construed in favor of the rights, powers, and privileges of villages to promote the general welfare, peace, good order and prosperity of the village and its inhabitants.
The Village Board, on behalf of the Village, may join with other counties, villages, cities, towns, or other governmental entities in a cooperative arrangement for executing any power or duty to attain greater economy or efficiency, including joint employment of appointive officers and employees.
(1)
"Compensation" means a salary, per diem compensation for each day or part of a day necessarily devoted to the service of the Village and the discharge of duties, or a combination of salary and per diem compensation.
(2)
The Village President and other Trustees who make up the Village Board, whether operating under general or special law, may by a three-fourths (3/4) vote of all the members of the Village Board determine that compensation be paid to the President and Trustees. The compensation for an elective Village office shall be established before the earliest time for filing nomination papers for the office. After that time or date, no change may be made in the compensation for the office that applies to the term of office for which the deadline applies. The compensation established for an elective office remains in effect for the following terms unless changed by ordinance.
(a)
Village Trustee pay shall be $1,500 per year. Beginning the third Tuesday in April 2015, Village Trustee pay shall be $2,000.00 per year.
(b)
Village President pay shall be $3,600 per year. Beginning the third Tuesday in April 2015, Village President pay shall be $4,000.00 per year.
(c)
The Village Board shall, by majority vote of all members, determine that compensation be paid to other Village officials and employees (not the Village President or Trustees).
(d)
A Village Trustee will receive a per diem of $25 for each legally posted Village meeting attended, subject to the following conditions:
1.
The meeting must be a committee or commission established by the Village Board or ordinances, of which the trustee is an appointed member.
2.
The Trustee must submit the following information with a pay request: name of meeting, date of meeting, length of meeting and purpose of meeting.
3.
Payment of per diems shall be made on a quarterly basis and must be approved by the Village Board as an agenda item before the check is cut.
(1)
Regular meetings. Regular meetings of the Village Board shall be held on the 1st and 3rd Monday of each calendar month, except when the day so designated falls on a legal holiday, in which case the regular meeting shall be held on the following nonholiday day. When the Village Board designates a date and time for a meeting, notice thereof shall be given to the public, members of the news media who have filed a written request to receive such notices, and to the official newspaper. Notice shall be given to the public by posting the notice in one or more places likely to be seen by the general public and as required by state statutes. All meetings of the Village Board shall be held at the Belleville Village Center at 130 S Vine St., unless specified otherwise.
(2)
Special meetings. Special meetings of the Village Board may be called by the Village President, or by two (2) Trustees filing a request with the Village Clerk at least forty-eight (48) hours prior to the time specified for such meeting. The Village Clerk shall select the day for the special meeting and immediately notify each Trustee of the time and purpose of such meeting. Notice shall be provided to each Trustee a minimum of twenty-four (24) hours prior to the meeting time. However, an emergency meeting, as defined in Chapter 19, Wis. Stats., may be held upon two (2) hours' legal notice. The Village Clerk shall cause a record of such notice to be filed in his or her office prior to the time fixed for such special meeting. No business shall be transacted at a special meeting except for the purpose stated in the notice thereof. Notice to the public of special meetings shall conform to the open meeting requirements of Section 61.32 and Chapter 19, Subchapter V, Wis. Stats. The Village Clerk shall give notice immediately upon the call for such a meeting being filed with him or her.
(a)
The request for any special meeting shall state the purpose for which the meeting is to be called, and no business shall be transacted but that for which the meeting has been called.
(3)
Annual organizational meeting. The Village Board shall hold an annual meeting on the third (3rd) Tuesday of April following the spring election for the purpose of organization.
(4)
Village Board minutes. The Village Clerk shall keep a record of all Village Board proceedings and cause such records to be posted as directed by the Board.
(1)
Open Meeting Law compliance. All meetings shall be open to the public, unless falling within a lawful exception of the Wisconsin Open Meeting Law.
(3)
Meetings to be open. During the holding of any open session in the regular meeting room or in the substituted meeting room, said room and said meeting shall always be open and remain open to all citizens.
(4)
Closed meetings. The provisions of this Code do not prohibit the Village Board or any committee thereof from having a closed meeting which is legally convened and legally held in a room in said building other than the official meeting room or in some other building in the Village.
(1)
A majority of members of the Village Board shall constitute a quorum, but a lesser number may adjourn or compel the attendance of absent members if a majority is not present. The Village President shall be counted in computing a quorum.
(2)
When the presiding officer shall have called the members to order, the Village Clerk shall proceed to call the roll, noting who is present and who is absent, and if after having gone through with the call it shall appear that a quorum is not present, the fact shall be entered in the minutes, and the members present may adjourn to a later date; if they do not establish the next meeting date, the Village Board shall stand adjourned to the time appointed for the next regular meeting unless a special meeting is called sooner.
(1)
Village president to preside. The Village President shall preside over meetings of the Village Board. At the Village Board's annual organizational meeting, the Trustees present shall elect one (1) of their number President Pro-Tem.
(2)
Duties. The presiding officer shall preserve order and decorum, decide all questions of order, and conduct the proceedings of the meeting in accordance with the parliamentary rules contained in Robert's Rules of Order, unless otherwise provided by statute or by these rules. Any member shall have the right to appeal a decision of the presiding officer. Such an appeal is not debatable and must be sustained by a majority vote of the members present, excluding the presiding officer.
(1)
Agenda. At all meetings, the following order may be observed in conducting the business of the Village Board:
(a)
Call to Order.
(b)
Roll call.
(c)
Pledge of Allegiance.
(d)
Public Comment.
(e)
Consent Agenda.
(f)
Village President’s report.
(g)
Presentations. (if applicable)
(h)
Unfinished business remaining from preceding sessions in the order in which it was introduced (i.e., “Old Business”).
(i)
New business: ordinances and resolutions may be introduced and considered.
(j)
Communications and miscellaneous business as permitted by law.
(k)
Adjournment.
(3)
Citizen comments.
(a)
The presiding member of the Village Board may elect to take up any business on the agenda in an order other than as described in the agenda.
(b)
At meetings of the Village Board no person, other than the members of this Board, shall address the Village Board or any other member of the Village Board. This provision shall not apply to:
1.
Village Administrator or designee.
2.
The Village Clerk or designee.
3.
The Village Finance Director/Treasurer, or designee.
4.
Police Chief or designee.
5.
The Fire Chief or designee.
6.
The EMS Chief or designee.
7.
The Village Director of Public Works or designee.
8.
Any member of the Village Board.
9.
Village Engineer, Village Attorney, or their designee(s).
(c)
This provision shall also not apply under the specific orders of business established to recognize residents of the Village or other persons, except if the person has specifically requested the right to address the Village Board and then only after the approval of the presiding officer.
(d)
The Village President or presiding officer may impose a time limit on the length of time citizens may address the Board.
(1)
The Village President or presiding officer shall call the Public Hearing to Order.
(2)
Village Staff shall present a report providing an overview of the cause for public hearing.
(3)
The Village President or presiding officer shall first call on those persons who wish to speak for the proposition. Each person wishing to speak on the proposition shall give his or her name and address.
(4)
Each person speaking on behalf of the proposition shall be limited to three (3) minutes.
(5)
Any person wishing to speak in rebuttal to any statements made may do so with the permission of the Village President or presiding officer, provided such rebuttal shall be limited to three (3) minutes by anyone (1) individual.
(6)
When the Village President or presiding officer, in their discretion, is satisfied that the proposition has been heard, he/she shall announce that the hearing is concluded.
(1)
Ordinances to be in writing. All ordinances submitted to the Board shall be in writing.
(2)
Subject and numbering of ordinances. Each Ordinance shall be related to no more than one (1) subject. Amendment or repeal of Ordinances shall only be accomplished if the amending or repealing Ordinance contains the number and title of the Ordinance to be amended or repealed and title of amending and repealing Ordinances shall reflect their purpose to amend or repeal.
(3)
Notice. The Village Board may act on an Ordinance only if it appears on the written agenda for the meeting at which action is requested to provide proper legal notice.
(4)
Board correspondence. Any correspondence addressed to the Village Board, Village Clerk, or other Village officer for reference to the Village Board, shall be delivered by the Village Clerk or designee to the Village President or to the presiding officer of the Board as soon as convenient and prior to or at the opening of the next meeting of the Board.
(1)
General requirement. The Village Clerk shall publish as a Class 1 notice under Chapter 985, Wis. Stats., or post in at least three (3) places in the Village likely to give notice to the public, the following within thirty (30) days after passage or adoption:
(2)
Requirement of forfeitures. If an ordinance imposes forfeiture, posting may not be used in lieu of publication under Subsection (1).
(3)
Effective upon publication. An ordinance, resolution, motion or other action required to be published or posted under this Section shall take effect the day after its publication or posting, or at a later date if expressly provided in the ordinance, resolution, motion or action.
(4)
Affidavit of posting. If an ordinance, resolution, motion, or other action is posted under this Section, the Village Clerk shall sign an affidavit attesting that the item was posted as required by this Section and stating the date and place of posting. The affidavit shall be filed with other records under the jurisdiction of the Village Clerk.
The official Village newspaper shall be the Post Messenger Recorder, to be used for the publication of legal and/or official notices and documents when publication is used instead of posting as allowed by Wisconsin law.
The Village Board shall, in all other respects, determine the rules of its procedure, which shall be governed by Robert’s Rules of Order (Revised), which is hereby incorporated by reference.
Motions Stated. Prior to any debate on a mater, the members of the Village Board shall be entitled to a clear understanding of the motion before the Village Board. The person making the motion shall clearly state the motion. There shall be a second to any motion prior to any debate or discussion of the motion. Motions made in writing by a member of the Village Board and provided to the Village Clerk prior to the meeting shall be provided priority in the appropriate order of business. The Village President may restate the motion prior to any debate and discussion.
Any member voting on the prevailing side may move for reconsideration of any question except those which cannot be reconsidered pursuant to Robert's Rules of Order, Revised.
The Village Board has the power to preserve order at its meetings. Whenever any disturbance or disorderly conduct shall occur in any of the meetings of the Village Board, the Village President may cause the room to be cleared of all persons causing such disorderly conduct.
These rules shall not be suspended except by a two-third (2/3) vote of all the members of the Village Board.
(1)
Court established. Pursuant to the authority granted by Chapter 755, Wis. Stats., there is hereby established a Municipal Court for the Village of Belleville.
(2)
Court procedure.
(b)
The Municipal Court shall be open as determined by the Municipal Judge.
(c)
The Municipal Judge shall keep his or her office and hold court in the Village Hall.
(d)
Any substitute Municipal Judge designated or assigned hereunder shall be compensated as per recommendation of the Municipal Judges' Association.
(e)
The procedures of the Municipal Court shall be in accord with the applicable Wisconsin Statutes and Village ordinances.
(3)
Disposition of funds.
(a)
Bonds for appearance, partial payments and other funds collected by the Court shall be treated as escrow funds and deposited with the Village Finance Director/Treasurer.
(b)
The Clerk of the Municipal Court shall collect all forfeitures and costs in any action or proceeding before him or her and shall pay over such money to the Village Finance Director/Treasurer within thirty (30) days after receipt of the money by the Municipal Court. At the time of payment, the Municipal Court Clerk shall report to the Village Finance Director/Treasurer the title of the action, the offense for which the forfeiture was imposed and the total amount of the forfeiture, fees, penalty assessments and costs, if any. The Village Finance Director/Treasurer shall disburse the fees as provided in Section 814.65, Wis. Stats., and disburse any penalty assessments pursuant to Section 66.0114, Wis. Stats.
(4)
Authority to abolish court. The Village Board may, by ordinance or by law, abolish the Municipal Court at the end of any term for which the Judge has been elected.
(1)
Wards established. There are hereby established pursuant to law three (3) election wards in the Village of Belleville defined and described as follows:
(a)
Election Ward No. 1 shall be that part of the Village of Belleville located in Dane County, Wisconsin, which includes all lands lying north of the Sugar River and to the western edge of Lake Belle View, the Village boundary to the northwest, the northeastern boundary of the Village ending at and including the blocks north of Third Avenue, and including properties southwest of STH 69 ending at the southern edge of the Sugar River.
(b)
Election Ward No. 2 shall be that part of the Village of Belleville located in Dane County, Wisconsin, that includes all lands lying south and west of the Sugar River and Lake Belle View and north of the Dane/Green County line, extending to the Village boundary to the west, and the boundary east from STH 69 and south from Third Avenue.
(c)
Election Ward No. 3 shall be all the Village of Belleville located in Green County.
(2)
Polling places. Wards 1, 2 and 3 created above are hereby combined for voting purposes, to share the common polling place which would be the Village Center located at 130 South Vine Street.
(3)
Separate ballot boxes. Wards 1 and 2 shall use common ballots at any election, except where separate ballots are required under Sections 5.58 to 5.64, Wis. Stats., and separate ballots shall be maintained for any electors of one (1) or more of the combined wards who are ineligible to vote for any office or referendum for which other electors in the combined wards may vote. Separate ballots will be maintained for Ward 3 (Green County).
Pursuant to the Wisconsin Statutes, there is hereby established one set of election officials to conduct all elections in the three (3) wards of the Village of Belleville which shall consist of not fewer than one (1) chief and six (6) election inspectors deemed sufficient to handle the vote. However, the Village Clerk shall have the power to limit the number of election officials and to employ election workers in shifts. The Village Clerk shall determine in advance of each general and special election whether the number of election officials for such election should be reduced from the number prescribed by the Wisconsin Statutes, and if such a reduction is so determined, the Village Clerk shall further redistribute duties among remaining officials.
The voting polls in the Village of Belleville, Dane and Green Counties, Wisconsin, shall be open from 7:00 a.m. to 8:00 p.m. for all elections.