Town of Linn, WI Town Government

Call to order.

Roll call.

Pledge of Allegiance.

Consent agenda.

Financial reports and payment of the bills.

Plan Commission.

(7)

Comments from the public. The public may speak on any item that is not included on this agenda as a public hearing or forum. Comments are limited to three minutes per speaker. Anyone who wishes to comment should identify himself or herself and provide their local address. Board members may discuss any matter raised by the public. However, the Board will refrain from extensive dialogue and should not take action on matters raised by the public during a public comment period. Referrals to committees or staff members might be made. Members may ask the commenter to clarify their remarks. The Board Chairman or the presiding officer will maintain control of the meeting.

(8)

Ordinances and resolutions.

(9)

Committee and staff reports.

(10)

Adjournment.

§ 2-3.1 Remote meetings.

[Added 12-16-2020 by Ord. No. 2020-019; amended 12-23-2020 by Ord. No. 2020-0020]

Remote meeting by electronic means authorized. Town Board meetings, Annual Meetings and special Town meetings may meet remotely by electronic means when cause for doing so exists, such as, but not limited to, natural disasters, severe or harsh weather events, risks of infectious disease(s), war, riot or as a means to obtain a quorum subject to the pre-registration requirement for electors contained hereafter . The presiding officer of the body may determine when a remote meeting shall be utilized, and also solely with respect to a Town Board meeting, a majority members of the Board governing unit may so determine at a previously legally convened and noticed meeting of the Board.

All remote meetings must provide a location where any member of the public can physically attend and hear all proceedings taking place.

Definitions.

BOARD

The Town Board and any subunits of the board or Town Commission or a Town governmental body.

CLERK

Includes the Clerk, the Clerk's designee or any persons acting as a Clerk for a meeting.

ELECTOR(S)

Includes only individuals who are fully qualified to vote at Annual Town Meetings and special Town meetings of the Town electors.

HOST

The person designated by the presiding officer to control the electronic transmission of audio and visual input for a remote meeting. The host is authorized to mute or discontinue any interfering sounds or images sent deemed disruptive to the proceedings. All interruptions of transmission may be appealed to the presiding officer.

PRESIDING OFFICER

Includes with respect to Town Board meetings, the Town Chair, committee chair, commission chair, or any person authorized to preside over a meeting of the Town governmental body. "Member" is a supervisor or member of any subunit of the Town Board, including committees and commissions. With respect to Annual Town Meetings and special Town meetings, "presiding officer" means the Town Chair.

REMOTE ATTENDEE

Refers to any person who is not a member or elector.

Login information. Except for emergency meetings requiring a minimum of only two hours' prior notice with respect to Town Board meetings, the Clerk shall send by e-mail to every member of the Town governing unit that is meeting, and by Open Meetings Law notice (Wis. Stat. § 19.84) to electors and remote attendees who pre-register (to avoid what is sometimes called "Zoom raiding" or "Zoom bombing" [NOTE: Refers to the unwanted, disruptive intrusion, generally by Internet trolls into a video-conference transmission regardless of the internet service being used.]) at least a minimum of 24 hours prior to the time of the meeting, the URL and codes necessary to connect to the Internet meeting service, and, as an alternative and backup to the audio connection included within the Internet service, the phone number and access code(s) the member or elector needs to participate aurally by telephone. The Clerk may also include a copy of, or a link to, this policy.

Login time. The Clerk shall schedule Internet meeting service availability to begin at least 10 minutes before the start of each meeting.

Signing in and out. Remote participants shall identify themselves as required to sign into the Internet meeting service and shall maintain Internet and audio access throughout the meeting whenever present but shall sign out upon any departure before adjournment. Telephone electors shall pre-register their phone number and state their name(s) and address before voting, commenting, or making a motion.

Quorum calls. With respect to Town Board meetings, the presence of a quorum shall be established by audible roll call at the beginning of the meeting. Thereafter, the continued presence of a quorum shall be determined by the online list of participating members, unless any member demands a quorum count by audible roll call. Such a demand may be made pursuant to Wis. Stat. § 19.88(2), following any vote for which the announced totals add to less than a quorum.

Technical requirements and malfunctions. Each member, elector and remote participant is responsible for his or her audio and Internet connections; no action shall be invalidated on the grounds that the loss of, or poor quality of, a member's or elector's individual connection prevented participation in the meeting.

Assignment of the floor. To seek recognition by the presiding officer, a member, elector, or remote participant shall indicate by a hand "emoji" or by the method appropriate to the Internet meeting service being used. Upon assigning the floor to a member, elector, or remote particpant, the presiding officer may clear any online queue of members who had been seeking recognition. To claim preference in recognition, another member, elector, or remote particpant who had been seeking recognition may promptly seek recognition again, and the presiding officer shall recognize the member, elector, or remote participant for the limited purpose of determining whether that member, elector, or remote participant is entitled to preference in recognition.

Interrupting a member. An internet-connected member or elector who intends to make a motion or request that under the rules may interrupt a speaker shall use the "chat," or similar feature, for the meeting service in use to so indicate, and shall thereafter wait a reasonable time for the presiding officer's instructions before attempting to interrupt the speaker by voice.

Display of documents. The Clerk or host at the direction of the presiding officer shall designate an online area or enable a share screen for the display of documents relevant to a matter under consideration; and, to the extent feasible, the Clerk, or anyone assisting the Clerk for this purpose or the host, shall cause such documents that are currently before the meeting for action or information to be displayed therein until disposed of or directed by the presiding officer to end the display.

Voting. Votes shall be taken by audible roll call, indicated by a hand "emoji" or by the voting method appropriate to the Internet meeting service being used. Telephone-only voting shall require the elector or member to pre-register with the phone number to be used and state full name and address. The presiding officer's announcement of the voting result shall include the number of members or electors voting on each side of the question and the number, if any, who explicitly respond to abstain or acknowledge their presence without casting a vote. Business may also be conducted by unanimous consent. However, no member or elector shall be allowed to remotely vote by secret ballot. Should any member or elector insist on being able to vote, should it be called for by secret ballot, that individual must be physically present at the place where the meeting was noticed to take place. The limitation on voting by secret ballot is predicated on the limitations of the technology for remote participation.

Video display. The presiding officer, the Clerk , the host or their assistants shall cause a video of all members or electors in a collage format to be displayed throughout the meeting or, when the Presiding Officer determines it best appropriate, only the person recognized and speaking.

Meeting etiquette:

Members will be in responsible for muting/unmuting themselves except as otherwise provided with respect to the Host. Electors will be muted upon entry and unmuted to speak at the appropriate time by the Host to minimize disruptions and maintain orderly meetings.

Members and electors must stay muted when not speaking.

No side conversations can be held in the "chat box;" only official business.

Each time a person speaks, that individual must identify herself/himself prior to speaking.

Any "chat" function used is a public record.

Public attendance and participation.

Public comment for remote meetings may be precluded or conducted by means as the Chair may from time to time determine.

When possible, the meeting should be recorded.

Remote participation may not be used where Wisconsin Statutes or law require a hearing where certain individuals are required to be physically present in an in-person fashion unless the Board can determine a means for public access to documents, exhibits, maps and/or testimony or statements substantially similar to an in-person hearing, or as may otherwise be permitted by law.

§ 2-3.2 Consent agenda.

[Added 8-9-2021 by Ord. No. 2021-008]

The Town Clerk may create a subsection on any Board agenda entitled "consent agenda." In a consent agenda, the Clerk shall place matters that, in the Clerk's judgment, are routine and noncontroversial and do not require a super majority vote or separate action by the Board.

Procedure. The following procedure shall apply when a consent agenda is used:

No separate discussion or debate may be permitted on any matter listed on the consent agenda except as provided in Subsection B(2).

A single motion, seconded and adopted by a majority vote of the Board shall be required to approve, adopt, enact or otherwise favorably resolve all matters listed on the consent agenda.

Any member of the Board may request removal of any item included in the consent agenda. At the time the consent agenda is considered, any such item shall be removed without debate or vote.

If any item has been removed from the consent agenda in accordance with this section, that item shall be considered by the Board under the appropriate heading of the regular agenda of the Board.

§ 2-4 Voting wards; voter registration.

The Town of Linn is divided into six voting wards described and designated as follows:

[Amended 8-13-2001; 9-12-2011]

First ward. All lands located in the census blocks indicated on the attached census block list.[1] Population: 452.

[1]

Editor's Note: The census block lists are on file in the Town offices.

Second ward. All lands located in the census blocks indicated on the attached census block list. Population: 566.

Third ward. All lands located in the census blocks indicated on the attached census block list. Population: 697.

Fourth ward. All lands located in the census blocks indicated on the attached census block list. Population: 212.

Fifth ward. All lands located in the census blocks indicated on the attached census block list. Population: 415.

Sixth ward. All lands located in the census blocks indicated on the attached census block list.Population: 41.

The place where elections shall take place in each ward shall be as follows:

First ward: Linn Town Hall, Zenda, Wisconsin.

Second ward: Linn Town Hall, Zenda, Wisconsin.

Third ward: Linn Town Hall, Zenda, Wisconsin.

Fourth ward: Linn Town Hall, Zenda, Wisconsin.

Fifth ward: Chapel on the Hill.

Sixth ward: Linn Town Hall, Zenda, Wisconsin.

Voter registration required. Every qualified elector who resides in the Town of Linn shall, as a prerequisite to voting in any primary or election conducted in the Town of Linn, register as an elector with the Clerk of the Town.

[Amended 1-9-2006; 9-9-2019]

Application for registration.

[Added 1-9-2006]

All applications for registration must be made to the Clerk of the Town of Linn during established office hours, except that registration for any election conducted in the Town of Linn shall close at 5:00 p.m. on the third Wednesday preceding the election.

[Amended 6-9-2008; 9-9-2019]

For the first election held after registration is required or adopted, any qualified elector may register in compliance with Subsection D(1) or may register at the polls the day of the election and vote in the election being conducted.

No name may be added to the registration list after the close of registration, but any person whose name is not on the registration list but who is otherwise a qualified elector is entitled to vote at the election upon compliance with § 6.29 or 6.55, Wis. Stats.

Registration procedures, requirements and restrictions. The Town of Linn, in registering of electors, shall use the applicable registration procedures and comply with the applicable registration requirements and restrictions as set forth in §§ 6.25 to 6.57, Wis. Stats., and any other applicable state statute or any revisions, amendments or additions thereto.

[Added 1-9-2006]

Voter registration representatives. The voter registration shall be done by representatives of each of the five voting wards, and such representatives shall be appointed by the Town Board every even year.

[Added 1-9-2006]

Construction. Nothing in this section shall be construed to extend the right to vote to any individual or individuals who would not otherwise be entitled to vote in a primary or election held in the Town of Linn.

[Added 1-9-2006]

Election officials. Election officials for each polling place shall be appointed by the Town Board pursuant to §§ 7.30, 7.31 and 7.32, Wis. Stats. Such election officials shall have all of the powers and perform all of the duties prescribed for such officers by statutes. The Town Clerk is hereby authorized to select alternate officials or two sets of officials to work at different times on election day, shall have the power to limit the number of election officials and establish different working hours for different officials. The Town Clerk shall determine, in advance of each election, whether the number of election officials for such election should be reduced from the number prescribed by Wisconsin Statutes, and if such a reduction is so determined, the Town Clerk shall further redistribute duties among the remaining officials.

[Added 10-27-2008; 9-9-2019]

§ 2-5 Municipal Court.

[Amended 9-13-2004; 8-14-2006; 11-8-2010; 12-9-2013]

Municipal Court created. There is hereby created and established a Municipal Court under the provisions of Ch. 755, Wis. Stats., to be designated as the "Municipal Court for the Town of Linn."

Jurisdiction of Municipal Judge. The Municipal Judge of the Municipal Court shall have jurisdiction as provided under §§ 755.045 and 755.05, Wis. Stats., and as otherwise provided under state law.

Contempt powers. The Municipal Judge of the Municipal Court shall have those contempt powers delineated in § 800.12(1) and (2), Wis. Stats.

State statutes adopted. All provisions of §§ 938.343, 938.344, 938.355(6)(d)2 through 5, and 938.17, Wis. Stats., including any future revisions or amendments thereto, are hereby adopted and by reference made part of this section as if fully set forth herein.

Term. The term of office for the Municipal Judge shall be four years. The term shall commence May 1 of the year of the Judge's election.

Sessions of Court. The Municipal Court shall be in session as provided under § 755.06, Wis. Stats.

Effective date. The Municipal Court for the Town of Linn shall become effective May 1, 2005.

Court costs. Court costs for matters adjudicated by the Municipal Court shall be at the maximum rate allowed by the Wisconsin Statutes.

§ 2-6 Emergency management.

[Amended 6-9-2008]

Adoption of county program. The Town of Linn hereby adopts the Walworth County Program for Emergency Management.

Town Emergency Management Director. There is created the office of Town Emergency Management Director for the Town of Linn. The Town of Linn Emergency Management Director shall have all those duties and responsibilities of an emergency director as provided for in § 66.0301, Wis. Stats.

Salary, term and appointment.

The salary of the Director shall be as determined by the Town Board.

The term shall be one year.

The Director shall be appointed by the Town Board.

Duties. The Emergency Management Director of the Town of Linn, in addition to those duties and responsibilities enumerated in § 66.0301, Wis. Stats., and § 6-16 of this Code, shall have the following duties. The Director shall:

Direct the Town Emergency Management Organization.

Develop, promulgate, and integrate into the county plan emergency management plans for the operating services of the Town.

Direct participation of the Town in such emergency management training programs and exercises as may be required on the county level or by the Administrator of the State Division of Emergency Management.

Direct the Town emergency management training programs and exercises.

Perform such other duties relating to emergency management as may be required by the Town governing body.

§ 2-7 Public records.

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

AUTHORITY

Any of the following Town entities having custody of a Town record: an office, elected official, agency, board, commission, municipal court, committee, council, department or other authority as enumerated in § 19.32(1), Wis. Stats., or public body corporate and politic created by constitution, law, ordinance, rule or order, or a formally constituted subunit of the foregoing.

CUSTODIAN

That officer, department head, division head, or employee of the Town designated under Subsection C below or otherwise responsible by law to keep and preserve Town records or file, deposit or keep such records in his or her office or who is lawfully in possession or entitled to possession of such public records and who is required by this section to respond to requests for access to such records.

RECORD

Any material on which written, drawn, printed, spoken, visual, or electromagnetic information is recorded or preserved, regardless of physical form or characteristics, which has been created or is being kept by an authority. "Record" includes, but is not limited to, handwritten, typed or printed pages, maps, charts, photographs, films, recordings, tapes (including computer tapes), computer printouts and optical disks. "Record" does not include drafts, notes, preliminary computations and like materials prepared for the originator's personal use or prepared by the originator in the name of a person for whom the originator is working; materials which are purely the personal property of the custodian and have no relation to his office; materials to which access is limited by copyright, patent or bequest; and published materials in the possession of an authority other than a public library which are available for sale, or which are available for inspection at a public library.

[Amended 6-9-2008]

Duty to maintain records.

Except as provided under Subsection G of this section, each officer and employee of the Town shall safely keep all records received from their predecessors. They shall also safely keep all records required by law to be filed, deposited or kept in their office or which are in the lawful possession or control of their office.

Upon the expiration of one's term of office or employment, or whenever the office or position of employment becomes vacant, each such officer or employee shall deliver to his successor all records then in his custody. The successor shall then give a receipt to the officer or employee, who shall file the receipt with the Town Clerk. If a vacancy occurs before a successor is selected or qualifies, such records shall be delivered to the Town Clerk.

[Amended 9-9-2019]

Legal custodian.

The Town Clerk shall be the legal custodian of all Town records.

[Amended 9-9-2019]

The legal custodian shall have full legal power to render decisions and to carry out the duties of an authority pursuant to § 19.33, Wis. Stats., and this section.

Public access to records.

Except as provided in Subsection F of this section, any person has a right to inspect a record and to make or receive a copy of any record as provided in § 19.35(1), Wis. Stats.

Records will be available for inspection and copying during all regular office hours.

If regular office hours are not maintained at the location where records are kept, the records will be available for inspection and copying upon 48 hours' notice.

A requester shall be permitted to use facilities comparable to those available to Town employees to inspect, copy or abstract a record, pursuant to § 19.35(2), Wis. Stats.

The legal custodian may require supervision during inspection and may impose other reasonable restrictions on the manner of access to an original record if the record is irreplaceable or easily damaged.

A requester shall be charged a fee to defray the cost of locating and copying records as follows:

The cost of photocopying shall be determined by the Town Clerk.

[Amended 9-9-2019]

If the form of a written record does not permit photocopying, the actual and necessary cost of photographing and photographic processing shall be charged.

The actual full cost of providing a copy of other records not in printed form on paper, such as films, computer printouts and audiotapes or videotapes, shall be charged.

If mailing or shipping is necessary, the actual cost thereof shall also be charged.

(e)

There shall be no charge for locating a record unless the actual cost exceeds $50, in which case the actual cost shall be determined by the legal custodian and billed to the requester.

(f)

The legal custodian shall estimate the cost of all applicable fees and may require a cash deposit adequate to assure payment if such estimate exceeds $5.

(g)

Elected and appointed officials of the Town of Linn shall not be required to pay for public records they may reasonably require for the proper performance of their official duties.

(7)

Pursuant to § 19.34, Wis. Stats., each authority shall adopt, prominently display, and make available for inspection and copying at its offices a notice containing a description of its organization and the procedure by which the public may obtain access to records in its custody. This subsection does not apply to members of the Town Board.

Access procedures.

A request to inspect or copy a record shall be made to the legal custodian. A request shall be deemed sufficient if it reasonably describes the requested record or the information requested. However, a request for a record without a reasonable limitation as to subject matter or length of time represented by the record does not constitute a sufficient request. A request may be made orally, but a request must be in writing before an action to enforce the request is commenced under § 19.37, Wis. Stats. Except as provided below, no request may be refused because the person making the request is unwilling to be identified or to state the purpose of the request. No request may be refused because the request is received by mail, unless prepayment of a fee is required under Subsection D(6)(f) of this section. A requester may be required to show acceptable identification whenever the requested record is kept at a private residence or whenever security reasons or federal law or regulations so require.

Each custodian, upon request for any record, shall, as soon as practicable, either fill the request or notify the requester of the reasons for denying the request. If the legal custodian, after conferring with the Town Attorney, determines that a written request is so general as to be unduly time consuming, the party making the request may first be required to itemize his request in a manner which would permit reasonable compliance.

A request for a record may be denied as provided in this section. If a request is made orally, the request may be denied orally unless a demand for a written statement of the reasons for denying the request is made by the requester within five business days of the oral denial. If a written request is denied in whole or in part, the requester shall receive a written statement of the reasons for denying the request. Every written denial of a request shall inform the requester that if the request for the record was made in writing, then the determination is subject to review upon petition for a writ of mandamus under § 19.37(1), Wis. Stats., or upon application to the Attorney General or a district attorney.

Limitations on right to access.

As provided by § 19.36, Wis. Stats., the following records are exempt from inspection under this section:

Records specifically exempted from disclosure by state and federal law or authorized to be exempted from disclosure by state law;

Any record relating to investigative information obtained for law enforcement purposes if federal law or regulations require exemption from disclosure or if exemption from disclosure is a condition to receipt of aids by the state;

Computer programs, although the material used as input for a computer program or the material produced as a product of the computer program is subject to inspection; and

A record or any portion of a record containing information qualifying as a common law trade secret.

As provided by § 43.30, Wis. Stats., public library circulation records are exempt from inspection under this section.

In responding to a request for inspection or copying of a record which is not specifically exempt from disclosure, the legal custodian, after conferring with the Town Attorney, may deny the request, in whole or in part, only if he determines that there is harm to the public interest in full access to the requested record. Examples of matters for which disclosure may be refused include, but are not limited to, the following:

Records obtained under official pledges of confidentiality which were necessary and given in order to obtain the information contained in them.

Records of current deliberations after a quasi-judicial hearing.

Records of current deliberations concerning employment, dismissal, promotion, demotion, compensation, performance, or discipline of any Town officer or employee or the investigation of charges against a Town officer or employee, unless such officer or employee consents to such disclosure.

Records concerning current strategy for crime detection or prevention.

(e)

Records of current deliberations or negotiations on the purchase of Town property, investing of Town funds, or other Town business whenever competitive or bargaining reasons require nondisclosure.

(f)

Financial, medical, social, or personal histories or disciplinary data of specific persons which, if disclosed, would be likely to have a substantial adverse effect upon the reputation of any person referred to in such history or data.

(g)

Communications between legal counsel for the Town and any officer, agent or employee of the Town when advice is being rendered concerning strategy with respect to current litigation in which the Town or any of its officers, agents or employees is or is likely to become involved or communications which are privileged under § 905.03, Wis. Stats.

If a record contains information that may be made public and information that may not be made public, the custodian of the record shall provide the information that may be made public and delete the information that may not be made public from the record before release. The custodian shall confer with the Town Attorney prior to releasing any such record and shall follow the guidance of the Town Attorney when separating out the exempt material. If in the judgment of the custodian and the Town Attorney there is no feasible way to separate the exempt material from the nonexempt material without unreasonably jeopardizing nondisclosure of the exempt material, the entire record shall be withheld from disclosure.

Destruction of records.

Town officers may destroy the following nonutility financial records of which they are the legal custodians and which are considered obsolete, after completion of any required audit by the Bureau of Municipal Audit or an auditor licensed under Ch. 442, Wis. Stats., but not less than seven years after payment or receipt of any sum involved in the particular transaction, unless a shorter period has been fixed by the State Public Records Board pursuant to § 16.61(3)(e), Wis. Stats.:

Bank statements;

Canceled checks;

Receipt forms; and

Vouchers.

Town officers may destroy the following utility records of which they are the legal custodians and which are considered obsolete, after completion of any required audit by the Bureau of Municipal Audit or an auditor licensed under Ch. 442, Wis. Stats., subject to State Public Service Commission regulations. However, these records shall not be destroyed less than seven years from the date they became effective, unless a shorter period has been fixed by the State Public Records Board pursuant to § 16.61(3)(e), Wis. Stats., except that water stubs, receipts of current billings and customers' ledgers may be destroyed after two years:

Contracts;

Excavation permits; and

Inspection records.

Town officers may destroy the following records of which they are the legal custodian and which are considered obsolete, but not less than seven years after the record was effective, unless another period has been set by statute:

Old insurance policies;

Election notices; and

Canceled registration cards.

Unless notice is waived by the State Historical Society, at least 60 days' notice shall be given to the State Historical Society prior to the destruction of any record as provided by § 19.21(4)(a), Wis. Stats.

Any tape recordings of a governmental meeting of the Town may be destroyed, erased or reused no sooner than 90 days after the minutes of the meeting have been approved and published, if the purpose of the recording was to make minutes of the meeting.

Preservation through microfilm. Any Town officer or the director of any department or division of Town government may, subject to the approval of the Town Board, keep and preserve public records in his possession by means of microfilm or other photographic reproduction method. Such records shall meet the standards for photographic reproduction set forth in § 16.61(7)(a) and (b), Wis. Stats., and shall be considered original records for all purposes. Such records shall be preserved along with other files of the department or division and shall be open to public inspection and copying according to the provisions of state law and of Subsections D through F of this section.

§ 2-8 Lake Use Director.

Office of Lake Use Director created. There is created the office of Lake Use Director for the Town of Linn.

Salary, term and appointment.

There shall be no salary for the Lake Use Director.

The term shall be set by the Town Board from time to time.

The Lake Use Director shall be appointed by the Town Board.

Duties.

The Lake Use Director shall have the authority to review and sign all designated mooring area applications created by the Town under § 30.773, Wis. Stats., together with the authority to review and make recommendations as to whether or not any mooring buoy permit should be granted or denied.

The Lake Use Director shall advise and make recommendations to the Town with regard to any matters regarding the use of the waters of Geneva Lake within the jurisdiction of the Town of Linn.

§ 2-9 Highway Superintendent.

[Amended 7-17-2018; 8-20-2020 by Ord. No. 2020-012]

Highway Superintendent. There is hereby created the office of Highway Superintendent for the Town of Linn, Walworth County, Wisconsin.

Salary, term and appointment.

The salary for said Highway Superintendent shall be determined by the Town Board from time to time and at its discretion.

The Highway Superintendent shall be appointed by and serve at the pleasure of the Town Board. The term of the Highway Superintendent shall be pursuant to § 82.05 Wis. Stats., as amended. The Highway Superintendent shall be deemed an employee at will and shall be removed at the pleasure of the Town Board, pursuant to § 17.13, Wis. Stats., as amended.

Duties.

The Highway Superintendent shall have the authority to supervise, under the direction of the Town Board, the construction and repair of Town highways and bridges and such other duties as the Town Board deems necessary.

The Highway Superintendent shall advise and make recommendations to the Town with regard to any matters regarding Town roads and bridges.

In order to carry out the efficient operation of the duties enumerated at Subsection C(1) and (2), above, the Town Board hereby delegates its immediate supervisory authority and powers over the highway Superintendent to the Town Administrator, per § 60.37(3)(b), Wis. Stats., as amended, and Town of Linn Code § 2-17.

§ 2-10 Payment of tax refunds and vouchers.

[Added 12-14-1998; amended 9-9-2019]

Purpose, intent and authority. It is the declared intent of this section that tax payments made in excess of the tax bill amounts shall be refunded pursuant to the procedures established under this section within 15 business days of the payment. Further, it is the declared intent that this section be adopted to provide the Town Administrator-Treasurer with the authority to pay certain bills and vouchers pursuant to § 60.44, Wis. Stats.

Required procedures of Clerk and Administrator-Treasurer upon payment of excess over tax bill amount. Pursuant to § 60.34, Wis. Stats., upon receipt of tax payments in excess of the tax bill, the Town Administrator-Treasurer shall deposit as soon as practicable all payments in the name of the Town in public depositories designated by the Town Board. Upon verification by the Town Administrator-Treasurer that the payment as deposited has cleared and not been returned as insufficient funds, but not later than eight days after depositing, the Town Clerk shall issue the normal voucher or authorization for payment of the refund of the excess amount over the tax bill amount upon finding the following:

Funds are available to pay the bill, assuming the tax payment has cleared and not been returned.

The Town Board has authorized the refund of excess tax payments as established by the adoption of this section.

The refund is due in the amount noticed by the Town Clerk as a tax payment in excess of the amount of the tax bill.

The refund is a valid claim against the Town, being a payment in excess of the tax bill amount. Further, the Town Clerk shall prepare monthly, to be submitted to the Town Board at each monthly Board meeting, a list of claims paid under this procedure, listing the amount of the claim, the date paid, the name of the taxpayer/claimant, and that the payment was a refund for excess tax payment.

Issuance of disbursement from local treasury. Upon approval of a voucher or proper authorization by the Town Clerk under the procedures listed in Subsection B of this section, a refund check payable to the taxpayer/claimant named in the voucher or authorization and in the amount approved shall be written by the Town Clerk and countersigned by the Town Chairman and Administrator-Treasurer, pursuant to § 66.0607, Wis. Stats., and shall be issued not later than 15 business days from the date the tax payment was received by the Town Administrator-Treasurer.

Mailing or delivery of refund check to taxpayer/claimant. Upon issuance of the proper countersigned refund check, pursuant to the procedures in this section, the refund check shall be delivered to the taxpayer/claimant or mailed to the last known mailing address of the taxpayer/claimant by the Town Administrator-Treasurer.

Authority of Town Clerk to pay other vouchers. The Town Clerk shall have the authority to pay any bills or vouchers which he or she customarily receives and which are due and payable prior to the monthly Town Board meeting. Payment shall be made under the procedures contained in Subsections B(4), C and D of this section.

§ 2-11 Sanitary District Commissioners.

[Added 1-11-1999]

Compensation. Pursuant to § 60.77(3), Wis. Stats., the Commissioners of the Linn Sanitary District shall be compensated in accordance with the schedule established by the Town Board. The Town Board shall review the schedule on or before October 1 each year and, unless adjusted by the Town Board, it will remain in effect for the following calendar year. The Sanitary District Commission shall establish and budget compensation for Commission staff.

[Amended 4-9-2012]

Actual and necessary expenses. In addition to the compensation set forth in Subsection A above, all three Commissioners of the District shall receive actual and necessary expenses incurred while in the performance of their Commissioner duties. "Actual" and "necessary" expenses shall be deemed solely at the discretion of the Town Board of the Town of Linn.

§ 2-12 Mutual aid box alarm system.

[Added 4-10-2000]

There is, pursuant to §§ 61.65 and 66.0301, Wis. Stats., hereby created an emergency mutual aid response for the purpose of providing communicative procedures and other necessary functions to further the provision of protection of life and property from an emergency or disaster.

The Town Chairman and Town Administrator-Treasurer shall execute an agreement for participation in the mutual aid box alarm system.

[Amended 9-9-2019]

§ 2-13 Board of Review.

[Added 5-8-2000]

Composition of the Board of Review. The Board of Review for the Town of Linn shall consist of the Town Board of the Town of Linn and the Clerk of the Town of Linn.

[Amended 9-9-2019]

Meetings. All meetings of the Board of Review shall be publicly held in accordance with § 70.47, Wis. Stats.

Officers. Members of the Board of Review shall elect a Chairman at the first meeting of the Board. The Town Clerk shall be the Clerk for the Board, who shall keep accurate records of all proceedings and shall give necessary notices as required by law.

[Amended 9-9-2019]

Procedures. Procedures set forth in § 70.47, Wis. Stats., shall govern procedures of the Board of Review.

Objections to valuations. All objections to the amount or the valuation of real or personal property must be made in writing on forms which are available from the Town Clerk and must be filed with the Clerk prior to close of public hearings by the Board.

[Amended 9-9-2019]

Whenever the Assessor, in the performance of the Assessor's duties, requests or obtains income and expense information that is provided to the Assessor, said income and expense information shall be held by the Assessor on a confidentiality 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.,[1] 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.

[Amended 5-14-2018]

[1]

Editor's Note: Section 70.47, Wis. Stats., was held to be unconstitutional by the Supreme Court of Wisconsin 3-25-2011.

§ 2-14 Plan Commission.

[Added 7-14-2003]

Plan Commission created. There is hereby created the Town of Linn Plan Commission.

Commission members. The Commission shall consist of seven members. All members of the Commission shall be appointed by the Town Chairman, who shall also appoint the presiding officer of the Commission. All members appointed by the Town Chairman must be approved by the Town Board. The Town Chairman may appoint himself or herself to the Commission and may appoint other Town elected or appointed officials, except that the Commission shall always have at least three citizen members who are not Town officials. Citizen members shall be persons of recognized experience and qualifications.

Commission terms. Citizen members shall be appointed to hold office for a three-year period. However, those initially appointed will serve terms of one, two, and three years, respectively. Appointments shall be made by the Town Chairman during the month of May for terms that expire in May for a period of three years, or at any other time if a vacancy occurs during the middle of a term.

Powers and duties. The Plan Commission shall have such powers and duties as provided in § 62.23, Wis. Stats., and the following:

[Amended 6-9-2008]

The Commission shall make reports and recommendations concerning the Town Comprehensive Plan, community development, public improvements and the financing of public improvements in accordance with § 62.23(4), Wis. Stats., to enable it to perform its functions and promote Town planning.

The Commission shall review and recommend, prior to a final action by the Town Board, the following in accordance with § 62.23(5) Wis. Stats.:

All plats of lands in the Town limits.

Amendments to the zoning district boundaries or regulations.

Changes or additions to the Official Map.

All variance and conditional use applications and rezoning requests.

Compensation. The members of the Town of Linn Plan Commission shall receive a car allowance reimbursement from the Town of Linn in an amount equal to the current Internal Revenue Service rate per mile for mileage driven to and from a person's property they are required to view pursuant to procedures adopted by the Town Board for the Town of Linn Plan Commission.

[Added 2-9-2004]

§ 2-15 Comprehensive Plan.

[Added 6-28-2004; amended 9-9-2019; 10-14-2019]

Title and purpose. The title of this section is "Town of Linn Comprehensive Plan 2040 Adoption Ordinance." The purpose of this section is for the Town of Linn, Walworth County, Wisconsin, to lawfully adopt an amended comprehensive plan as required under § 66.1001(4)(c), Wis. Stats.

Authority. The Town Board of the Town of Linn, Walworth County, Wisconsin, has authority under its village powers under § 60.22, Wis. Stats., to appoint a town plan commission under §§ 60.62(4) and 62.23(1), Wis. Stats., and under § 66.1001(4), Wis. Stats., to adopt this section. The comprehensive plan of the Town of Linn must be in compliance with § 66.1001(4)(c), Wis. Stats., in order for the Town Board to adopt this section.

Adoption of section. This section, adopted by a majority of the Town Board on a roll call vote with a quorum present and voting and proper notice having been given, provides for the adoption by the Town of Linn a comprehensive plan under § 66.1001(4), Wis. Stats.

Public participation. The Town Board has adopted written procedures designed to foster public participation in every stage of the preparation of a comprehensive plan as required by § 66.1001(4)(a), Wis. Stats.

Town Plan Commission recommendation. The Plan Commission of the Town of Linn, by a majority vote of the entire commission, recorded in its official minutes, has adopted a resolution recommending to the Town Board the adoption of the Town of Linn Comprehensive Plan 2040, which contains all of the elements specified in § 66.1001(2), Wis. Stats.

Public hearing. The Town of Linn has held at least one public hearing on this section, with notice in compliance with the requirements of § 66.1001(4)(d), Wis. Stats.

Adoption of Town Comprehensive Plan. The Town Board, by the enactment of this section, formally adopts the document entitled "Town of Linn Comprehensive Plan 2040" under § 66.1001(4)(c), Wis. Stats.

§ 2-16 Weed Commissioner.

[Added 6-9-2008; amended 9-9-2019]

Office of Weed Commissioner created. There is hereby created, pursuant to § 66.0517, Wis. Stats., the office of Weed Commissioner.

Powers and duties. The Weed Commissioner shall investigate the existence of noxious weeds in the Town of Linn. If a person in the Town of Linn neglects to destroy noxious weeds as required under § 66.0407(3), Wis. Stats., the Weed Commissioner shall destroy, or have destroyed, the noxious weeds in the most economical manner. The Weed Commissioner may enter upon any lands that are not exempt under § 66.0407, Wis. Stats., and cut or destroy noxious weeds without being liable to an action for trespass or any other action for damages resulting from the entry and destruction, if reasonable care is exercised.

Term. On or before May 15 of each year, the Town Chairman shall appoint a Weed Commissioner who shall hold office for one year.

§ 2-17 Town Administrator.

[Added 4-4-2019]

Appointment. In order to coordinate and improve the various municipal services rendered to the citizens of Linn, there is created the position of Town Administrator. The Town Administrator shall be appointed for an indefinite term by an affirmative vote of at least two-thirds majority of all the members of the Town Board and shall serve at the pleasure of said Board. Removal from office shall require affirmative vote of at least two-thirds majority of all the members of said Board. The salary of the Town Administrator shall be as the Town Board shall, from time to time, determine.

General authority.

The Town Administrator shall be the chief administrative officer and shall be directly responsible to the Town Board.

The duties of the Town Administrator shall be, but are not limited to, directing, coordinating, and expediting activities of all departments, divisions, and officers, who shall be directly responsible to him/her unless otherwise provided for by this Code or by Wisconsin Statute and other duties as may be directed by the Town Board.

The Town Administrator shall have the following specific authorities:

To act as personnel officer reviewing requests and recommendations on salaries, wages, working conditions, and union contractual matters and to screen candidates and recommend the hiring of department heads and other Town staff, except Police and Fire Chiefs who shall be selected by a Police and Fire Commission.

In cooperation with the Town Board, preparation and submission of the annual Town budget.

Budget implementation, including authority to transfer up to $1,000 between items in any one program area, except capital accounts. The Administrator shall report any such transfer to the Town Board at its next regularly scheduled meeting.

To recommend to the Town Board measures for adoption which are deemed appropriate to deal with significant municipal problems, with the right to participate in all discussions on such measures with the Town Board, subject to the Town rules for procedures.

Duties and responsibilities. The Town Administrator shall have all of the following duties and responsibilities:

To serve as comptroller.

To attend meetings of the Town Board and recommend meetings of other boards, commissions, and committees.

To submit annually to the Town Board and make available to the public complete reports on the financial affairs of the Town and the status of municipal programs.

To make monthly reports to the Town Board concerning the operation of all Town departments, offices, and special programs.

To keep the Town Board advised as to the financial condition and future financial needs of the Town.